Is Lying on Oath (Lian) valid between spouses where one is not legally responsible (Mukallaf)?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
Lian is not valid if either spouse is not legally responsible due to being a non-adult or insane, as Lian results in dissolution of marriage, which requires legal capacity, similar to divorce or taking an oath. If the husband is the non-responsible party, two cases exist: if he is a child, his accusation (Qadhf) is invalid and incurs no punishment because the pen is lifted from him. If the wife bears a child: if less than ten years old, the child is not attributed to him because it is physically impossible, similar to a child born less than six months after marriage. If ten years or older, Abu Bakr holds the child is not attributed unless the husband reaches puberty, as procreation requires seminal emission, implying puberty. Ibn Hamid holds the child is attributed, which is the apparent view of Ahmad and the Madhhab of Shafi'i, based on attribution being established through possibility, even if contrary to the apparent state, citing attribution even after six months or four years.
Supporting text
If the husband is insane, his accusation has no ruling. If the wife bears a child, it is attributed to him due to possibility, and he cannot deny paternity while insane. Upon regaining sanity, he may deny or affirm paternity. If he claims insanity during the accusation and the wife denies it, her word is taken with her oath if no evidence exists, as the default is soundness. If his period of insanity is known but not his period of recovery, his word is taken with his oath. If both periods (insanity and recovery) are known, there are two views: one favoring the wife's word, and the second favoring the husband's word based on the principle that establishing punishment requires certainty.