What is the legal consequence if the husband pronounces the oath of *li'an* (imprecation) and then dies before the completion of the mutual imprecation or before the wife's imprecation?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the husband pronounces the oath and then dies before its completion or before the wife's oath, the *li'an* is nullified, and the child is legitimized and inherits from the husband, according to the consensus of scholars. This is because the complete ruling of *li'an* was not established since its cause was not fully realized. The ruling is established only upon the completion of the cause.

Supporting text

Al-Shafi'i holds that the lineage is severed by the husband's *li'an*, inheritance is voided, the child is negated, and the *hadd* (prescribed punishment) becomes incumbent upon the wife, unless she subsequently pronounces her own *li'an*.