Can a temporarily or permanently mute person perform the oath of mutual cursing (Li'an) through gestures?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 2 · Bab 1

Open in Qurani

Primary text

Some scholars suggest that the person may perform the Li'an through gestures in both cases (hope of recovery or hopelessness). This position is supported by a narration concerning Umamah bint Abi al-As who had become mute and confirmed matters by pointing.

Supporting text

The narration concerning Umamah bint Abi al-As is not considered conclusive proof because the chain of transmission is not detailed, it is unknown if this constituted an authoritative opinion, and it is unclear whether her muteness was expected to cease or not. Abu al-Khattab posited two differing views regarding whether a person whose tongue is tied and who has lost hope of speech can validly perform Li'an through gestures.