the Prophet (peace and blessings of Allah be upon him), nor did he punish him on his behalf. Some of the companions of al-Shafi’i said: The hadd is mandatory for both of them. Is a single hadd mandatory, or two hadds? There are two views. Some of them said: Only one hadd is mandatory, in a single opinion. There is no disagreement among them that if he performs li’an and mentions the foreigner in his li’an, the ruling [of the hadd] is dropped from him. If he does not mention him, there are two views. Our position is that the li’an is evidence in one of the two parties, so it is evidence in the other party, like testimony. Furthermore, there is a need to accuse the adulterer due to the violation of his marital bed. He might also need to mention him so as to use the child's resemblance to the accused person as evidence for the veracity of his accuser, just as the Prophet (peace and blessings of Allah be upon him) used the child's resemblance to Sharik ibn Sahma as evidence for the veracity of Hilal. Therefore, it is mandatory that the ruling on his accusation is dropped by what dropped the ruling on the accusation of her, by way of analogy to her.

Section: If he accuses his wife and a foreign woman or a foreign man with two separate statements, he incurs two hadds for them. He is absolved of the hadd of the foreign woman only through evidence, and of the hadd of the wife through evidence or li’an. If he accuses them both with a single statement, the same applies, except that if he does not perform li’an and no evidence is established, is a single hadd applied for both of them, or two hadds? There are two narrations. The first is that he receives a single hadd. This is the opinion of Abu Hanifa and al-Shafi’i in his old (qadim) school. Abu Hanifa added: Whether it is by one statement or multiple statements, because they are hadds of the same category, so they must overlap, like the hadds for zina. The second is: If they demand it collectively, it is one hadd; if they demand it separately, each one has a hadd. This is because if they unite in the demand, it is possible to satisfy them with one hadd; if they separate, it is not possible to make the single hadd a satisfaction for one who has not demanded it, for it is not permissible to carry out the hadd for his sake before he demands it. Al-Shafi’i said, in his new (jadid) school: A hadd is carried out for each one in every case, because they are rights of human beings, so they do not overlap, just like debts.