The slanderer says: 'Rather, I intended to slander you with zina [while you were] a polytheist.' The statement is that of the slanderer. This was chosen by Abu al-Khattab and is the opinion of some of the Shafi'is, because the dispute concerns his intention, and he is the most knowledgeable about it. His statement, 'while you were a polytheist,' is a nominal sentence (mubtada' and khabar) and functions as a state (hal) for his statement, 'you committed zina,' like the statement of Allah the Exalted: 'unless they were listening while they were playing.' The Qadi said: 'The hadd is mandatory.' This is also the opinion of some of the Shafi'is, because his statement, 'you committed zina,' is an address in the present time, so the outward appearance is that he intended his zina in the present. This is the same if he said: 'You committed zina while you were a slave.'

If he slanders an unknown person and claims that he is a slave or a polytheist, and the slandered person says: 'Rather, I am a free Muslim,' then the statement is his [the slandered person's]. Abu Bakr said: 'The statement is that of the slanderer regarding slavery, because the original state is the freedom of his liability from the hadd, and it is warded off by doubts; what he claimed is possible, so it constitutes a doubt.' From al-Shafi'i, there are two views similar to these. Our evidence is that the original state is freedom, and it is the apparent state, so no attention is paid to what contradicts it, just as if he were to interpret a clear slander with that which makes it impossible, or as if he claimed that he is a polytheist. If it is said: 'Islam is established by his statement, "I am a Muslim," unlike freedom,' we reply: 'Islam is only established by his statement for the future, but as for the past, it is not established by what came after it, so it is not established that he was a Muslim at the time of the slander by his statement during the conflict, so they are equal.'

1573- Issue: He said: '(And he who slanders a woman who has undergone li'an [imprecation] shall be subjected to the hadd).'

Ahmad explicitly stated this. It is the opinion of Ibn Umar, Ibn Abbas, al-Hasan, al-Sha'bi, Tawus, Mujahid, Malik, al-Shafi'i, and the majority of jurists. We do not know of any disagreement regarding this. Ibn Abbas narrated that the Prophet (may Allah bless him and grant him peace) ruled regarding the woman who has undergone li'an that she shall not be slandered, nor shall her child be slandered. [And whoever slanders her or slanders her child] shall be subjected to the hadd. Abu Dawud narrated it. This is because her chastity has not been removed by the li'an, nor is zina confirmed by it; therefore, no hadd is incumbent upon her by it.