Is the separation resulting from Li'an revocable if the accuser retracts his accusation (tathdheeb)?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
There is no disagreement among the scholars that if the accuser does not retract his accusation, the separation remains absolute and the woman is permanently unlawful to him, unless a marginal opinion is followed. The established transmission from Ahmad is that even if he retracts his accusation, she does not become lawful to him. Narrations from companions such as 'Umar ibn al-Khattab, 'Ali ibn Abi Talib, and Ibn Mas'ud, as well as the opinions of Al-Hasan, 'Ata', Malik, Al-Shafi'i, and others, confirm that the two parties involved in Li'an may never reunite. The basis for this ruling is the tradition narrated by Sahl ibn Sa'd stating that the established Sunnah for those who undergo Li'an is that they are separated and may never reunite again. This establishes the ruling as a permanent prohibition not lifted by retraction, similar to the prohibition established by fosterage.
Supporting text
A different transmission from Ahmad permits reunion if the accuser retracts his accusation, suggesting the marriage returns to its original status. This view is considered exceptional. It is suggested this exceptional view might apply only if a judge has not formally decreed separation. Al-Batti holds that Li'an itself does not inherently cause divorce. Sa'id ibn al-Musayyib, Abu Hanifa, and Muhammad ibn al-Hasan consider the separation due to Li'an to be a form of divorce, allowing the woman to return to him if he retracts within the waiting period ('iddah). Sa'id ibn Jubayr holds that if he retracts during the 'iddah, she is returned to him.