What is the ruling regarding the number of punishments if a man accuses his wife and another woman (or man) using a single statement?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the accusation against the wife and the other person is made with a single utterance, there are two narrations regarding the required punishment. One narration states that a single punishment (*hadd*) is sufficient, as held by Abu Hanifa and Al-Shafi'i in his old opinion. Abu Hanifa further asserts this is true whether the accusation was in one word or multiple words, as these punishments are of the same kind and thus should overlap, similar to the punishments for adultery. The second narration states that if both parties claim their right to punishment simultaneously, one punishment is sufficient. However, if they claim their rights separately, each is entitled to a full, separate punishment, because assigning a single punishment to one who did not claim it separately would be impermissible before their claim.

Supporting text

Al-Shafi'i, in his later opinion, holds that a full punishment must be exacted for each person in all cases because these rights belong to individuals (*huquq li'adamiyyin*) and therefore cannot overlap, similar to debts.