Unclear questions.
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The student: ...?
The Shaykh: Yes, but this is in the context of investigation; he does not pronounce the divorce. If he wanted to divorce her, he would not have needed to accuse her; he would have divorced her and the matter would have been over. No one would dare to accuse his wife of unlawful sexual intercourse for no reason, absolutely not, unless he saw something with his own eyes, because this is a disgrace upon him. Therefore, as we will say... a chaste, pure person cannot be tested by Allah with a wife who commits unlawful sexual intercourse[An-Nur 24:26]... Therefore, he himself finds it a disgrace to testify before people against his wife, but she finds it a disgrace to admit to herself that she committed unlawful sexual intercourse and tries to deny it. May the anger of Allah be upon her.
The student: ...?
The Shaykh: ... These additions are obligatory for him to continue with. And if she gave birth to a child, the child belongs to him, because the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2006Sahih (Darussalam) Even if the mutual oath-swearing in an accusation of adultery occurred, the child is established for him, because the child belongs to the bed... So, the mutual oath-swearing to deny the child is like unlawful sexual intercourse; one cannot perform the mutual oath-swearing to deny the child. It is necessary to first accuse the first one of unlawful sexual intercourse, and then perform the mutual oath-swearing to deny the child. It is correct that it is permissible to perform the mutual oath-swearing to deny the child only. He says: It is correct that this is my wife, but this child is not from me, and he performs the mutual oath-swearing on that. He says: I bear witness to Allah four times that he is among the truthful in that the child is not his, and that the curse of Allah is upon him if he is among the liars.
The student: ...?
The Shaykh: She may not have committed unlawful sexual intercourse, or there may be doubt regarding her. For example, in this latter case, if he denies his child, the fixed punishment is not obligatory upon him.
The student: ...?
The Shaykh: No, it is not her, because of the child on his bed. And it is not him. Correctly, if we assume that she became pregnant and she has no husband, then she is subject to the fixed punishment, unless there was a doubt. Because his mutual oath-swearing includes distancing himself from her, and also distancing her from chastity... The duration of the waiting period, and this is sufficient. We will complete it, if Allah wills. The mutual oath-swearing does not enter into it...
The student: He said, may Allah have mercy on him...
The Shaykh: Yes, but this is in the context of investigation; he does not pronounce the divorce. If he wanted to divorce her, he would not have needed to accuse her; he would have divorced her and the matter would have been over. No one would dare to accuse his wife of unlawful sexual intercourse for no reason, absolutely not, unless he saw something with his own eyes, because this is a disgrace upon him. Therefore, as we will say... a chaste, pure person cannot be tested by Allah with a wife who commits unlawful sexual intercourse
Evil words are for evil men, and evil men are [subjected] to evil words.
الخبيثات للخبيثين والخبيثون للخبيثاتThe student: ...?
The Shaykh: ... These additions are obligatory for him to continue with. And if she gave birth to a child, the child belongs to him, because the Prophet (peace and blessings be upon him) said:
The child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!
الولد للفراش وللعاهر الحجرThe student: ...?
The Shaykh: She may not have committed unlawful sexual intercourse, or there may be doubt regarding her. For example, in this latter case, if he denies his child, the fixed punishment is not obligatory upon him.
The student: ...?
The Shaykh: No, it is not her, because of the child on his bed. And it is not him. Correctly, if we assume that she became pregnant and she has no husband, then she is subject to the fixed punishment, unless there was a doubt. Because his mutual oath-swearing includes distancing himself from her, and also distancing her from chastity... The duration of the waiting period, and this is sufficient. We will complete it, if Allah wills. The mutual oath-swearing does not enter into it...
The student: He said, may Allah have mercy on him...