The ruling on a man accusing his wife of adultery while she is in the waiting period
Machine translationRead the Arabic original
The questioner:
A man falsely accuses his wife of adultery during her waiting period. Is she in the waiting period, O Shaykh?
The Shaykh:
until he divorces her.
The questioner:
He divorced her, and then...
The Shaykh:
He has the right to take her back, and she is not a fornicator.
The questioner:
Shaykh, I do not know what the stronger position is.
The Shaykh:
It seems clear, so the hadd for false accusation of adultery applies to him, but only if she demands the hadd for false accusation of adultery.
The questioner:
Was she not a fornicator?
The Shaykh:
If she was a fornicator of the lowest class.
The questioner:
Yes.
The Shaykh:
And if she was a fornicator, then mutual oath-swearing in an accusation of adultery takes place between them.
The questioner:
Shaykh, in many hadiths, Shaykh, in the Sunan.
The Shaykh:
Hajj is performed on her behalf if she requests Hajj; Hajj is performed on her behalf and she is not subjected to li'an.
A man falsely accuses his wife of adultery during her waiting period. Is she in the waiting period, O Shaykh?
The Shaykh:
until he divorces her.
The questioner:
He divorced her, and then...
The Shaykh:
He has the right to take her back, and she is not a fornicator.
The questioner:
Shaykh, I do not know what the stronger position is.
The Shaykh:
It seems clear, so the hadd for false accusation of adultery applies to him, but only if she demands the hadd for false accusation of adultery.
The questioner:
Was she not a fornicator?
The Shaykh:
If she was a fornicator of the lowest class.
The questioner:
Yes.
The Shaykh:
And if she was a fornicator, then mutual oath-swearing in an accusation of adultery takes place between them.
The questioner:
Shaykh, in many hadiths, Shaykh, in the Sunan.
The Shaykh:
Hajj is performed on her behalf if she requests Hajj; Hajj is performed on her behalf and she is not subjected to li'an.
Source
تفسير ابن كثير (جديد) — binbaz.org.sa (1:07:44)
The Arabic text is a machine transcription of the audio recording.