What is the acceptable duration for delaying the denial of paternity?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 2 · Bab 1

Open in Qurani

Primary text

The acceptable delay for denial is not fixed at three days but is contingent upon established custom and immediate necessity, as articulated by Abu Bakr. If the denial is postponed after attending to immediate necessities like hunger, thirst, sleep, prayer, or securing property, the right to deny is forfeited.

Supporting text

Abu Hanifa sets the limit at one or two days as a matter of juristic preference due to the difficulty of immediate denial. Abu Yusuf and Muhammad restrict the delay to the period of post-natal bleeding (*nifas*).