The benefits derived from the saying of Allah the Exalted: << و يدرؤا عنها العذاب أن تشهد أربع شهادات بالله إنه لمن الكاذبين >

And in it is evidence for the establishment of the hadd (fixed punishment) upon the woman through the li'an (mutual oath-swearing) of the husband, unless she denies it and performs the li'an. Is it taken from the verse that the hadd is established upon the woman through the li'an of the husband? From where is it taken? And "the punishment is averted from her," and the punishment is the hadd. The evidence that the punishment is the hadd is the saying of Allah the Exalted: As for those who interpret the punishment as imprisonment, stating that she is imprisoned until she confesses or performs the li'an, this is a statement with no evidence for it and no reliance upon it. So, the hadd is established upon the woman through the li'an of the husband, as indicated by the verse. Is it established by anything else? By the clear proof (bayinah), if he brings the clear proof, and this is taken from the previous verse: "Then if they do not bring four witnesses." And it is established by a third matter, which is the confession of the woman, if she confesses. So, if the woman denies it and says, "He is definitely a liar," then we say: perform the li'an. If she responds to his oaths, the punishment is averted from her. And if she does not respond, the hadd is established upon her.