What is the ruling for one who slanders while speaking, subsequently loses the ability to speak (becomes mute), and has no hope of recovery?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person utters slander while being articulate, then becomes mute with no expectation of regaining speech, his ruling is the same as that of a congenitally mute person. This position is held by some Shafi'i scholars.

Supporting text

If there is hope that his speech will return and his muteness will cease, the process should be delayed until that happens. Determining the prognosis rests upon the testimony of two trustworthy Muslim physicians.