its type entails a prescribed punishment, it must not reach the level of that prescribed punishment. Thus, discretionary punishment for accusing a minor girl or an insane woman cannot reach eighty lashes, because the prescribed punishment for accusing a mature, sane, chaste woman is eighty lashes. Discretionary punishment cannot therefore reach the maximum of the prescribed punishment, lest we equate that which does not entail a prescribed punishment with that which does.
His statement, “but there is no liʿān”: That is, there can be no mutual imprecation between husband and wife if she is a minor under nine years old or insane, because liʿān on her part is invalid. It has previously been explained that one condition for liʿān is that both spouses be legally accountable—that is, mature and sane.
If he accuses a minor girl above the age of nine—that is, one who has reached nine or more but has not yet attained puberty—they say that the matter is deferred until she reaches puberty, after which she may demand her right. She will then either admit it, deny it, he will establish evidence against her, or he will engage in liʿān. Her liʿān in this state is invalid because she is not legally accountable; yet her right to liʿān cannot be disregarded, so the matter is suspended until she reaches puberty.
His statement, “One of its conditions”: That is, one of the conditions of liʿān. The word “one of” indicates that there are other conditions, and this is indeed the case.
His statement, “that he accuses her”: That is, the wife. Here the verbal noun is annexed to its object, while the subject is the husband; meaning, that the husband accuses her.
His statement, “explicitly of fornication, such as by saying, ‘You have committed fornication,’ ‘O fornicatress,’ or, ‘I saw you committing fornication in the front or rear passage’”: He must explicitly utter an accusation of fornication against her, such as saying, “You have committed fornication,” “I saw you committing fornication,” “O fornicatress,” or similar expressions of accusation. But if he merely gestures without speaking, there is no liʿān.