And Umar said: "The two who perform li'an are to be separated, then they shall never reunite." As for the other view, it is not sound because the Sacred Law only brought about the separation between those who have performed li'an, and they do not become "those who have performed li'an" by the li'an of only one of them. The Prophet - may Allah bless him and grant him peace - only separated them after the completion of the li'an by both of them. Therefore, the statement that separation occurs before it is an arbitrary claim that contradicts the import of the Sunnah and the action of the Prophet - may Allah bless him and grant him peace. Furthermore, the phrasing of the li'an does not necessitate separation; for it is either an oath regarding her adultery or a testimony to that effect. If it were not for the arrival of the Sacred Law requiring separation between them, separation would not occur. The Sacred Law only provided for it after their li'an, so it is not permissible to attach it to a portion of it, just as it was not permissible to attach it to a portion of the husband's li'an. Moreover, it is a dissolution (faskh) established by the oaths of two disagreeing parties, so it does not become fixed by the oath of one of them alone, like the dissolution due to the mutual swearing (tahaluf) of transacting parties upon disagreement. What they cited regarding dissolution due to defect, emancipation, or the husband's saying "Choose," or "Your affair is in your hand," or "I have gifted you to your family or to yourself," and many similar instances, is invalidated. Once this is established, if we say that the separation occurs by their li'an, it does not occur except after they have completed their li'an. If we say it does not occur except through the ruler's separation, he is not permitted to separate them until after their li'an is complete. If he separates them before that, his separation is invalid, and its existence is as its non-existence. Malik held this view. Al-Shafi'i said: The separation does not take place until the husband completes his li'an. Abu Hanifah and Muhammad ibn al-Hasan said: If [the ruler] separates them after each of them has performed li'an three times, he has erred against the Sunnah, but the separation is valid. If he separates them before three times, the separation is void, because one who has brought three has brought the most, so the ruling attaches to it. Our evidence is that it is a separation before the completion of the li'an, so it is not valid, just as if he were to separate them before three times or before the woman's li'an. Also, these are legislated oaths upon which it is not permissible for the ruler to judge prior to their completion by consensus; thus, if he does judge, his judgment is invalid, like the oaths of two disagreeing parties in a sale or [the cases] before the three [oaths]. Furthermore, the Sacred Law...