dead; and because the meaning of this is that your mother committed adultery and brought you forth from adultery. Thus, if the adultery is attributed to her, she is the one who has been slandered, not her son. Our argument is what we have mentioned, and because if the slander were against her, the hadd would not be obligatory; for the disbeliever does not inherit from the Muslim, and the slave does not inherit from the free person. Moreover, they do not make the hadd obligatory for slandering a deceased woman under any circumstances, so it is established that the slander is against him, thus his chastity is considered, not hers. And Allah knows best.

Section: If his grandmother is slandered, the analogy of al-Khiraqi's statement is that it is like slandering his mother. If she is alive, the right belongs to her, her chastity is considered, and no one else has the right to demand it on her behalf. If she is deceased, he has the right to demand it if he is chaste (muhsan), because that is an aspersion against his lineage. As for if one slanders his father, his grandfather, or any of his relatives other than his mothers after their death, the hadd is not obligatory for slandering them, according to the apparent meaning of al-Khiraqi's statement; because he only made the hadd obligatory for slandering his mother as a right belonging to him, to deny his lineage, not as a right for the deceased. For this reason, the chastity of the person slandered is not considered, but the chastity of the son is considered. Whenever the person slandered is someone other than his mothers, it does not involve the denial of his lineage, so the hadd is not obligatory. This is the view of Abu Bakr and the Ahl al-Ra'y. Al-Shafi'i said: If the deceased is chaste (muhsan), then his guardian has the right to demand it, and it is divided according to the distribution of inheritance; because he has slandered a chaste person, so the hadd is obligatory upon the slanderer, just as if they were alive. Our argument is that this is slandering someone from whom a demand cannot be conceived, so the hadd is not obligatory for slandering them, like a madman; or we say: he has slandered someone for whom the hadd is not obligatory, so it is not obligatory, just like slandering a non-chaste person, and it differs from slandering a living person, for the hadd is obligatory for the latter.

1575 - Issue: He said: (And whoever slanders the mother of the Prophet (may Allah bless him and grant him peace) shall be executed, whether he is a Muslim or a disbeliever.)

This means that his hadd punishment is execution, and his repentance is not accepted. Ahmad stated this explicitly. Abu al-Khattab narrated another version, that his repentance is accepted. Abu Hanifah and al-Shafi'i held this view, whether the slanderer is a Muslim or a disbeliever; because this