Does the negation of the child from the father by L'ian depend on the judge's decree of separation?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The negation of the child from the one who invoked L'ian occurs when the L'ian is completed between the spouses, irrespective of the judge issuing a decree of separation. This is because the negation stems from the father's denial, not the judge's decree. If the father did not mention the negation of the child in the L'ian proceedings, the child is not negated from him, and mutual inheritance between them does not cease.
Supporting text
Abu Bakr stated that the child is negated upon the dissolution of the marital bond (*Firaash*), even if the father did not explicitly state it in the L'ian, citing the Prophet's ruling to await the description of the child. This validates the concept that the negation is intrinsically linked to the completion of the L'ian process.