What is the ruling if the speaker says 'Zana'tu fi al-jabal' (زنأت في الجبل - I ascended/climbed in the mountain)?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

The ruling concerning the statement 'Zana'tu fi al-jabal' is the same as the ruling for the statement 'Zana'tu' without the addition 'fi al-jabal'. For those who understand the term only in its common connotation of fornication, the intent is fixed upon Qadhf, as no other meaning is understood from them, necessitating it being judged as Qadhf, similar to explaining it as Qadhf or using a different linguistic error.

Supporting text

Al-Shafi'i and Muhammad ibn al-Hasan rule that it is not Qadhf, and Al-Shafi'i states the accuser must take an oath regarding this assertion.