What is the ruling if a man accuses his wife twice during the marriage with two different acts of adultery?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a man accuses his wife twice during the marriage with two different acts of adultery, only one Hadd is due. He can discharge the requirement with a single Li'an, as the requirement involves a single type of oath (Yamin). He must state in his oath that he is truthful regarding both acts of adultery he has accused her of. If he provides evidence for the first accusation, the penalty for the second is dropped because her status of chastity (ihsan) is removed, and no Li'an is necessary unless he intends to deny paternity (nisbah). If he provides evidence for the second accusation, the first Hadd is not dropped, unless the Qadi's opinion is followed, in which case evidence for the second drops the first Hadd.

Supporting text

If he accuses two different wives, a single Li'an is insufficient because the oath is required for each individual and cannot merge. If he provides evidence for the second accusation, the first Hadd is not dropped, and he has the option to negate it through Li'an, unless according to the Qadi's view, providing evidence for the second accusation nullifies the first.