If a wife is found with another woman while her husband is present, do they perform mutual oath-swearing?
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The questioner : O Shaykh, what about the reverse of this situation? If a woman accuses her husband of unlawful sexual intercourse or lewdness, may Allah protect us from it, then...
The Shaykh : No, in this case, the only option is the fixed punishment. Either she must present evidence of four men who testify that this man committed unlawful sexual intercourse, or she must face the punishment. The difference is clear, because it is easy for a woman to accuse her husband of unlawful sexual intercourse, but not for a man. If a man accuses his wife of unlawful sexual intercourse, he defiles his bed, and his children become subjects of doubt. Therefore, mutual oath-swearing is specific to the case where a man accuses his wife, not where a woman accuses her husband. Al-Hajjaj, what is... it indicates that it is three.
The Shaykh : No, in this case, the only option is the fixed punishment. Either she must present evidence of four men who testify that this man committed unlawful sexual intercourse, or she must face the punishment. The difference is clear, because it is easy for a woman to accuse her husband of unlawful sexual intercourse, but not for a man. If a man accuses his wife of unlawful sexual intercourse, he defiles his bed, and his children become subjects of doubt. Therefore, mutual oath-swearing is specific to the case where a man accuses his wife, not where a woman accuses her husband. Al-Hajjaj, what is... it indicates that it is three.