What is the fourth condition for negating paternity via *Li'an*?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 8 · Bab 1

Open in Qurani

Primary text

The fourth condition is that the husband must explicitly mention the negation of the child within the *Li'an*. If he omits this, the child is not negated unless he repeats the *Li'an* and includes the negation. This is the apparent view of Al-Khiraqi and the chosen position of Al-Qadi, aligning with Al-Shafi'i's school.

Supporting text

Abu Bakr asserts that explicitly mentioning and negating the child is unnecessary; negation occurs simply upon the dissolution of the marital bed. He cites the Hadith of Sahl ibn Sa'd, which describes the *Li'an* without mentioning the child, stating that the Prophet (peace be upon him) separated them and ruled that the child should not be attributed to a father nor should the mother be accused of adultery. Another narration states the Prophet (peace be upon him) separated them and attributed the child to the mother.