What is the ruling if a husband denies both the wife's adultery and that he slandered her, but witnesses prove he slandered her?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the husband states, 'She did not commit adultery, nor did I slander her,' and witnesses prove he slandered her, the legal punishment is incumbent upon him, and neither his defense nor his subsequent offer of *Li'an* is accepted. This is because his denial of her adultery contradicts the established evidence and the *Li'an* he could have made, making his assertion one that invalidates the means of his defense. This is analogous to a deposit case where the defendant denies receipt, evidence proves it, and then the defendant claims repayment or loss; the latter claims are not accepted.

Supporting text

Conversely, if the defendant had initially answered, 'I have nothing belonging to you, and I owe you nothing,' and evidence proved liability, then subsequent claims of repayment or loss would be accepted.