not eternal. Furthermore, the prohibition of divorce is specific to marriage, while this [prohibition] is not. This is the school of al-Shafi'i.

1330 - Issue: He said: "If he proves himself a liar, the hadd (prescribed) punishment is due upon him from her."

The gist of this is that if a man accuses his wife of adultery (qadhf) and then proves himself a liar, she is entitled to the hadd punishment from him, whether he proves himself a liar before or after the li'an. This is the view of al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y), and we know of no opponent to them. This is because the li'an was established in place of evidence regarding the husband; so if he proves himself a liar by [admitting] that his li'an was a lie, [which is] an increase in dishonoring her and a repetition of his accusation against her, then it is at least necessary that the hadd punishment, which was mandatory for the act of accusation alone, becomes binding upon him. If he retracts his admission of lying and says, "I have evidence that I will present regarding her adultery," or if he wishes to waive the hadd punishment from himself by means of li'an, it shall not be heard from him. This is because both evidence and li'an are intended to verify what he claimed, and since he has confessed to being a liar, his contradictory claim shall not be heard from him. This applies when the accused woman is a chaste woman (muhsana); if she is not chaste, he is subject to discretionary punishment (ta'zir).

Section: The lineage of the child shall be attributed to him, whether the child is alive or dead, wealthy or poor. This is the view of al-Shafi'i and Abu Thawr. Al-Thawri said: If he claims the lineage of a deceased child, we examine; if the child possessed wealth, he is not attributed to him, because he is merely claiming wealth. If the child did not possess wealth, he is attributed to him. The People of Opinion said: If the deceased child left behind a child, his lineage is established from the one claiming it, and the lineage of his son follows him. If he did not leave behind a child, his claim of lineage is not valid, his lineage is not established, and the claimant inherits nothing from him; because his lineage was severed by death, so claiming it is not valid. If he has a child, he is claiming the lineage of his [the deceased's] child, and the lineage of the deceased follows that [of the grandchild]. Our evidence is that this is a child whom he denied through li'an, so he is entitled to claim his lineage, just as if he were alive or if he had a child. Furthermore, the child of the child follows the lineage of the child, and Abu Hanifa made the lineage of the child subordinate to the lineage of his son, thus making the principal subordinate to the derivative, which is invalid. As for the statement of al-Thawri that he is only claiming wealth, we say: He is only claiming the lineage and inheritance, and the wealth is secondary to that. If it is said: "He is suspected of having the motive of obtaining inheritance," we say: Suspicion does not prevent the establishment of lineage, as evidenced by the fact that if he had a brother whom he disliked and he acknowledged a son, it becomes binding upon him and the inheritance of his brother is dropped. If the son were alive and wealthy, while the father was poor, and he claimed him, he is suspected of the motive of making his son responsible for his maintenance, yet his statement is accepted; likewise here. Moreover, the lineage should be established in this case because it is a right of the child, and there is no suspicion in that, and the inheritance, which is the specific subject of suspicion, is not established, and it does not follow from the severance of the [derivative] that the principal [lineage] is severed. The Qadi said: There are four rulings attached to li'an: two against him, which are the necessity of the hadd punishment and the attribution of lineage; and two in his favor, which are the separation and the eternal prohibition. Thus, if he proves himself a liar, his statement is accepted regarding what is against him, so the hadd punishment and the lineage become binding upon him, while it is not accepted regarding what is in his favor, so the separation and the eternal prohibition do not cease.