What is the ruling if a husband calls his wife 'O adulteress' (Ya zaniyah) and she responds, 'You committed adultery with me' (Bika zanaytu)?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 1 · Bab 1

Open in Qurani

Primary text

Neither the husband nor the wife incurs the Hadd punishment (for defamation or adultery). The rationale is that she has admitted to the defamation (qadhf) directed at her, similar to saying 'I believe you.' However, the Hadd for Zina (adultery) is not established against her without four confessions, and the Hadd for Qadhf is not established because she did not accuse him; rather, she admitted to her own potential wrongdoing with him, which can occur without him being an adulterer (e.g., if he believed she was his wife while she knew he was a stranger). Furthermore, the statement allows for interpretation where she means to negate the accusation against both of them or that he only had relations with her, which, if not Zina, means he is complicit but not adulterous. The Hadd is waived when there is ambiguity (shubhah).

Supporting text

The followers of Al-Shafi'i hold that the husband must receive the Hadd punishment for Qadhf because her statement could be interpreted as denying her own guilt by asserting he committed it with her (implying they both deny the accusation). They draw an analogy to common usage where stating 'I stole with you' means 'I did not steal because you did not steal.'