Does the right to deny paternity lapse based on the session of knowledge or the possibility of denial?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
The expiration of the right to deny paternity is assessed based on whether the delay exceeds the time reasonably necessary to address knowledge requirements or practical necessities. If the husband delays denial beyond the point where he could have made a claim (analogous to preemption), and then claims ignorance of the birth, his word is accepted with an oath if it is plausible, such as being in a different location where knowledge is difficult to obtain. If it is not plausible, such as being in the same house, his claim is rejected.
Supporting text
If the husband claims ignorance of his right to deny or ignorance that the denial must be immediate, he is accepted if he is an ordinary person, like a recent convert to Islam, as this is an obscure matter for them. If he is a jurist (*faqih*), this ignorance is generally not accepted by our scholars, though one opinion suggests even a jurist's ignorance may be accepted because jurists can also be ignorant of many rulings. Another view accepts ordinary people's ignorance but rejects that of a jurist or a settled Bedouin.