Is a husband obligated to immediately deny paternity of a newborn child?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If a man's wife gives birth and he remains silent about denying the child's paternity when it is possible for him to do so, paternity is established for him, and he is not permitted to deny it afterward. This view is held by Al-Shafi'i. The necessity for immediate action stems from the fact that denial is a choice to avert a certain harm, thus requiring immediate execution, similar to the option of preemption (*khiyar al-shuf'ah*). Evidence supporting the general rule that the child belongs to the bed (*Al-waladu lil-firash*) is cited, from which established exceptions are made; everything else remains under the general rule of the Hadith.
Supporting text
Abu Bakr holds that the time limit for denial is determined by custom, such as waiting until morning if born at night, or until one eats, drinks, sleeps, dresses, prepares his mount, prays if the time arrives, or secures his property if unsecured, and if the denial is delayed beyond these necessary engagements, it is voided. Abu Hanifa allows a delay of one or two days as a matter of juristic preference (*istihsan*) because immediate denial after birth is difficult, limiting the delay to two days due to its brevity. Abu Yusuf and Muhammad hold that the delay is limited to the duration of post-natal bleeding (*nifas*) because this period is legally equivalent to the birth itself. A view attributed to 'Ata' and Mujahid permits denial until the husband explicitly acknowledges the child, treating it as the situation at the time of birth.