Hadith 3386

(1) His statement: “He disowned her child,” etc. Meaning, if a man accuses his wife by denying the child or by denying the child and accusing her of adultery, the judge separates them, and the child’s lineage is negated and attributed to the mother, provided they mention the accusation in the mutual cursing. This is stated in Sharh al-Wiqayah and al-Tafsir al-Ahmadiyya. In Umdat al-Qari: This hadith encompasses three rulings. First, mutual cursing, with no disagreement, and there is consensus on its validity and legislation. Second, separation, where scholars differed. It was mentioned earlier that according to Malik and al-Shafi‘i, separation occurs by mutual cursing itself, while according to Abu Hanifah, it occurs only by the judge’s ruling, based on the apparent meaning of the mentioned hadith, which is evidence against the opponents. Third, attributing the child to the mother, based on the apparent meaning of the hadith, on which the majority of jurists from the successors and those after them, including the four Imams and their followers, agreed. There is another disagreement from another perspective. Our companions said: If the accusation denies the child at the time of birth or a day or two after, or a similar period during which congratulations and purchasing birth items are customary, it is valid. If he denies it after that, it is not negated. Abu Hanifah did not specify a time for this, though it is narrated that he set seven days. Abu Yusuf, Muhammad, and Qatadah set it at the maximum period of postpartum, which is forty days. Al-Shafi‘i considered immediacy, saying if he denies it immediately, it is negated; otherwise, it is not.