What is the ruling if a husband delays denial due to a valid excuse?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a valid excuse prevents the husband from immediate denial, such as illness, imprisonment, the need to guard valuable property from loss, or restraining a creditor from leaving, his right to deny is preserved if the delay is short until the excuse ceases, similar to delaying denial until morning if the birth occurred at night. If the excuse is prolonged and he could have delegated the matter to a judge to implement the necessary legal proceedings (imprecation/li'an and denial), but failed to do so, his right to deny is voided.

Supporting text

If delegation was not possible, he must bear witness against himself that he intends to deny the child. Failure to do so invalidates his option. If he claims he did not believe the informant, his word is rejected if the news was widespread, or if the informant was known for justice; otherwise, his word is accepted. If he claims ignorance of the obligation to deny immediately, his word is accepted as this is an obscure matter.