Can a man negate paternity via *Li'an* (mutual cursing) if he has already claimed paternity of twins born less than six months apart and previously demanded the *hadd* punishment for adultery against the mother?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the man previously demanded the *hadd* punishment for the mother's adultery, he may negate paternity by *Li'an*. A narration from Al-Qadi states that the *hadd* is applied, and he does not have the right to negate paternity via *Li'an*. The latter view, which aligns with Al-Shafi'i's madhhab, argues that by claiming paternity, he admits the falsehood of his accusation, precluding later denial. The former view holds that the child's paternity does not necessitate the absence of adultery, just as adultery does not negate his paternity; thus, *Li'an* and claiming paternity are not contradictory.
Supporting text
If he claims one twin and remains silent about the other, the silent twin is attributed to him, as silence is equivalent to acceptance when denial would otherwise result in attribution. Furthermore, any child born to his wife is attributed to him unless he negates it through *Li'an*.