What is the ruling on disclaiming paternity when adultery is known, and the child's paternity is ambiguous between the husband and the adulterer?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If one of the conditions mentioned previously exists alongside adultery, such that the child could potentially be from either the husband or the adulterer (e.g., she committed adultery during a pure period in which he had intercourse with her, or she committed adultery but he did not withdraw from her, or he practiced 'azl, or only performed intercourse in the anus), and the child strongly resembles the adulterer, the husband must disclaim the child's lineage. This necessity arises because the conjunction of adultery and the circumstances pointing toward the adulterer justifies attributing the child to the adulterer, as demonstrated when the Prophet, peace be upon him, attributed the child of Hilal's wife to Sharik ibn Sahma' due to resemblance, following Hilal's *Lian* and accusation.
Supporting text
If a wife gives birth and the husband suspects paternity without knowing she committed adultery, he is not permitted to slander her or invoke *Lian*, based on the Hadith of the man from Banu Fazara. Similarly, if he knows she committed adultery but does not know the child is from the adulterer, nor is there evidence to suggest it, he cannot disclaim paternity because the child belongs to the marriage bed, and the adulterer receives only the penalty for adultery ('al-'ahiru lahul hajar').