What is the ruling regarding the repetition of an accusation of adultery against a legally married (muhsan) woman?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If a person accuses a married woman (muhsana) of adultery multiple times using the same accusation or different ones, only one Hadd punishment is incurred. This is based on the principle that when the cause for two punishments converges successively, they merge (tadakhul), similar to committing Zina multiple times. If the accuser is punished for an accusation, and then repeats the accusation regarding the same adultery, no further Hadd is applied because his falsehood has already been established via the initial punishment. However, in this case, he is subject to discretionary punishment (ta'zir) for insult and abuse. Evidence is cited from the time of 'Umar, who refrained from reinstating the Hadd on Abu Bakrah after 'Ali advised him that doing so would necessitate stoning the accuser as well.
Supporting text
There is an alternative narration stating that a second Hadd is due because the second accusation constitutes a new instance of casting falsehood after the first punishment was implemented, analogous to a second, distinct act of adultery. Furthermore, if the second accusation involves a different act of adultery (not the one already punished), a second, distinct Hadd is obligatory because it is a new case of accusing a muhsana for which no punishment has been administered, and the cause for punishment occurred after the first had been implemented.