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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 115

Translation · EN

the child is disavowed from him, his agnation from the direction of the one who performed the li'an is severed, so neither he nor any of his agnates inherit from him; his mother and the possessors of fixed shares inherit their shares from him, and the inheritance between the spouses is severed. We are not aware of any disagreement among the people of knowledge regarding this sum. As for if one of them dies before the completion of the li'an, the two of them inherit from one another according to the view of the majority. Ash-Shafi'i, may Allah be pleased with him, said: If the husband completes his li'an, they do not inherit from each other. Malik said: If the husband dies after his li'an, and the woman performs the li'an, she does not inherit, and she is not subject to the hadd punishment; but if she does not perform the li'an, she inherits, and she is subject to the hadd punishment. If she dies after the husband's li'an, he inherits from her, according to the view of all of them, except Ash-Shafi'i, may Allah be pleased with him. If the li'an between them is completed, and one of them dies before the ruler separates them, there are two narrations regarding this. One of them is that they do not inherit from one another; this is the view of Malik, Zufar, and it is narrated similarly from Az-Zuhri, Rabi'ah, Al-Awza'i, and Dawud; because li'an necessitates eternal prohibition, so the separation between them is not considered in the attainment of the separation, just like breastfeeding. The second narration is that they inherit from one another as long as the ruler does not separate them. This is the view of Abu Hanifah and his two companions; because the Prophet (peace and blessings of Allah be upon him) separated between the two who performed li'an, and if the separation had occurred by the li'an itself, there would have been no need for his separation. If the ruler separates them before the completion of the li'an, the separation does not take place, and the inheritance is not severed, according to the view of the majority. Abu Hanifah and his two companions said: If he separates them after they have performed the li'an three times, the separation takes place and the inheritance is severed, because the majority of the li'an was found from them; if he separates them before that, the separation does not take place, and the inheritance is not severed. To us, it is a separation before the completion of the li'an, so it resembles a separation before the three [testimonies]. This disagreement is regarding the inheritance of the spouses. As for the child, the correct view is that he is disavowed from the one who performed the li'an once the li'an between them is completed, without considering the separation of the ruler; because his disavowal is by his act of denial, not by the ruler's statement: "I have separated between you." If he does not mention the child in the li'an, he is not disavowed from the one who performed the li'an, and the inheritance between them is not severed. Abu Bakr said: He is disavowed by the disappearance of the marital bed (firash), even if he does not mention him; because the Prophet (peace and blessings of Allah be upon him) disavowed the child from the one who performed the li'an,

Notes

(1) In MS M: "kammala". (2) Omitted from: M. (3) In MS M: "khilaf".

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