Is a man permitted to invoke the mutual curse (li'an) against his revocably divorced wife?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 1 · Bab 1

Open in Qurani

Primary text

A man who revocably divorces his wife is permitted to invoke the mutual curse (li'an) against her, regardless of whether they had offspring or not. This ruling is supported by the opinion transmitted from Ibn Umar, who stated that li'an is permissible as long as she remains within the waiting period ('iddah). This view is held because she is considered his wife, inheriting from him and being inherited from by him. This position is held by Jabir bin Zayd, Al-Nakha'i, Al-Zuhri, Qatadah, Al-Shafi'i, Ishaq, Abu Ubayd, Abu Thawr, and the Ashab al-Ra'y (the Companions of Opinion). The justification is that the revocably divorced woman remains a wife, thus permitting him the right of li'an as if he had not divorced her.

Supporting text

Abu Abdullah (Imam Ahmad) was questioned about this, and a narration from Ibn Abbas suggests that the husband does not perform li'an but rather receives the prescribed punishment (lashing for slander). Abu Talib preferred the view of Ibn Umar.