Is the wife's claim of bearing her husband's child accepted without proof when the husband claims he did not beget her or that he found, borrowed, or adopted the child?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the husband claims, 'I did not beget this child; rather, I found it, borrowed it, or adopted it,' and the wife asserts, 'No, it is my child from you,' the wife's statement is not accepted unless supported by clear evidence (bayyinah). This is the position of Al-Shafi'i, Abu Thawr, and the Companions of Ra'y. The rationale is that birth is an event that can be proven by testimony; the default assumption is non-existence, so her claim without proof is rejected, similar to a claim regarding debt.
Supporting text
Al-Qadi stated that her claim of birth is similarly not accepted when it affects the conditional divorce linked to the birth, nor is the slave woman's claim to establish motherhood (Umm Walad) accepted, although her claim is accepted for the purpose of concluding her waiting period (Iddah). Therefore, the lineage is only established if she provides proof, such as testimony from a reputable woman confirming her delivery to him, based on the principle that 'The child belongs to the bed' (Al-Walad li'l-Firash).