CHAPTER: Regarding Li’an (Mutual Cursing).
Sahl bin Saad Al Saeedi said that ‘Uwaimir bin Ashqar Al Ajilani came to Asim bin Adl and said to him “Asim tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act? Ask the Messenger of Allah صلی اللہ علیہ وسلم Asim, for me about it. Asim then asked the Messenger of Allah صلی اللہ علیہ وسلم about it. The Messenger of Allah صلی اللہ علیہ وسلم disliked the question and denounced it. What Asim heard from the Messenger of Allah صلی اللہ علیہ وسلم fell heavy on him. When Asim returned to his family ‘Uwaimr came to him and asked Asim “What did the Messenger of Allah صلی اللہ علیہ وسلم say to you”? Asim replied “You did not do good to me”. The Messenger of Allah صلی اللہ علیہ وسلم disliked the question that I asked him. Thereupon ‘Uwaimir said “I swear by Allaah, I shall not leave until I ask him about it. So, ‘Uwaimir came to the Messenger of Allah صلی اللہ علیہ وسلم while he was sitting in the midst of the people. ” He said “Messenger of Allah صلی اللہ علیہ وسلم tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act?” The Messenger of Allah صلی اللہ علیہ وسلم said “A revelation has been sent down about you and your wife so go away and bring her. Sahl said “So we cursed one another while I was along with the people who were with the Messenger of Allah صلی اللہ علیہ وسلم. Then when they finished, ‘Umamir said “I shall have lied against her, Messenger of Allah صلی اللہ علیہ وسلم if I keep her. He pronounced her divorce three times before the Messenger of Allah صلی اللہ علیہ وسلمcommanded him (to do so). Ibn Shihab said “Then this became the method of invoking curses. ”
Abbas bin Sahl reported on the authority of his father “The Prophet صلی اللہ علیہ وسلم said to Asim bin ‘Adl. Keep the woman with you till she begets the child.
Sahl bin Saad Al Saeedi said “I attended the invoking of the curses with the Messenger of Allah صلی اللہ علیہ وسلم when I was fifteen. He then narrated the rest of the tradition. In this version he said “She then came out pregnant and the child was ascribed to its mother.
Sahl bin Saad reported the Messenger of Allah صلی اللہ علیہ وسلم as saying - in the tradition of spouses who invoked curses to each other “Look if she bears a child which has very black eyes, large buttocks, I cannot but imagine that he (i. e., ‘Uwaimir) has spoken the truth. But, if she bears a reddish child like the lizard with red spots (waharah), I cannot imagine that ‘Uwaimir has lied against her. She gave birth to a child (like that described the Prophet صلی اللہ علیہ وسلم ) in a detestable manner.
The tradition mentioned above has also been transmitted by Sahl bin Saad Al Saeedi through a different chain of narrators. This version adds the child was attributed to its mother.
The tradition mentioned above has also been transmitted by Sahl bin Saad Al Saeedi through a different chain of narrators. This version has “He divorced her three times before the Messenger of Allah صلی اللہ علیہ وسلم. The Messenger of Allah صلی اللہ علیہ وسلم implemented it and what is done before the Prophet صلی اللہ علیہ وسلم is sunnah (model behavior of the Prophet). Sahl said “I attended this before the Messenger of Allah صلی اللہ علیہ وسلم. Afterwards the sunnah about those who invoked curses on each other was established that they (the spouses) were separated from each other and they would never be united. ”
Sahl bin Saad said “The version of Musaddad has “I witnessed the invoking of curses by the two spouses during the life time of the Messenger of Allah صلی اللہ علیہ وسلم when I was fifteen years old. When they finished invoking curses, the Messenger of Allah صلی اللہ علیہ وسلم separated them from each other. Here ends the version of Musaddad. Others said “He was present when the Prophet صلی اللہ علیہ وسلم separated the spouses who invoked curses on each other. The man (Sahl) said “I shall have lied against her, Messenger of Allah صلی اللہ علیہ وسلم if I keep her. Abu Dawud said “Some narrators did not mention the word ‘alaiha (against her). ” Abu Dawud said “No one supported Ibn ‘Uyainah that he separated the spouses who invoked curses. ”
The tradition mentioned above has also been transmitted by Sahl bin Saad through a different chain of narrators. This version has “She was pregnant, he denied pregnancy from him. So her son was attributed to her. In the law of succession the practice (sunnah) was established that the son gets a share in the inheritance of his mother and the mother gets the share in the inheritance of her son according to the shares prescribed by Allaah the Exalted.
Abdullah (bin Masud) said “We were in the mosque on the night of a Friday, suddenly a man from the Ansar entered the mosque”. And said “If a man finds a man along with wife and declares (about her adultery) you will flog him. Or if he kills you, you will kill him or if keeps silence he will keep silence in anger. I swear by Allaah, I shall ask the Messenger of Allah صلی اللہ علیہ وسلم about it”. On the next day he came to the Messenger of Allah صلی اللہ علیہ وسلم and said “If a man finds a man along with wife and declares (about her adultery) you will flog him. Or if he kills you, you will kill him or if keeps silence he will keep silence in anger. ” He said “O Allaah, disclose”. He kept on praying until the verses regarding invoking curses (li’an) came down “As for those who accuse their wives but have no witnesses except themselves. ” So, the man was first involved in this trial among the people. He and his wife came to the Messenger of Allah صلی اللہ علیہ وسلم. They invoked curses on each other. The man bore witness before Allaah four times that the thing he said was indeed true. He then invoked curse of Allaah on him for the fifth time if he was a liar. She then wanted to invoke curses of Allaah on him. The Prophet صلی اللہ علیہ وسلم said “Do not do that. Bust she refused and did so (i. e., invoked curses). When they returned he said “Perhaps she will give birth to a black child with curly hair.
Ibn Abbas said “Hilal bin Umayyah accused his wife in the presence of Prophet صلی اللہ علیہ وسلم of having committed adultery with Sharik bin Sahma’”. The Prophet صلی اللہ علیہ وسلم said “Produce evidence or you must receive punishment on your back. ” He said “Messenger of Allah صلی اللہ علیہ وسلم when one of us sees a man having intercourse with his wife should he go and seek evidence?” But the Prophet صلی اللہ علیہ وسلم merely said “You must produce evidence or you must receive punishment on your back. ” Hilal then said “By Him Who sent you with the Truth, I am speaking Truly. May Allaah send down something which will free my back from punishment. Then the following Quranic verses were revealed “And those who make charges against their spouses but have no witnesses except themselves” reciting till he reached “one of those who speak the truth”. The Prophet صلی اللہ علیہ وسلم then returned and sent for them and they came (to him). Hilal bin Umayyah stood up and testified and the Prophet صلی اللہ علیہ وسلم was saying “Allaah knows that one of you is lying. Will one of you repent?” Then the woman got up and testified, but when she was about to do it a fifth time saying that Allaah’s anger be upon her if he was one of those who spoke the truth, they said to her “this is the deciding one”. Ibn Abbas said “She then hesitated and drew back so that we thought the she would withdraw (what she said) “Look and see whether she gives birth to a child with eyes looking as if they have antimony in them, wide buttocks and fat legs, if she did. Sharik bin Sahma’ will be its father. She then gave birth to a child of a similar description. The Prophet صلی اللہ علیہ وسلم thereupon said “If it were not for what has already been stated in Allaah’s book I would have dealt severely with her. ” Abu Dawud said “This tradition has been transmitted by the people of Madina alone. They narrated the tradition of Hilal on the authority of Ibn Bashshar. ”
Narrated Abdullah ibn Abbas: When the Prophet صلی اللہ علیہ وسلم ordered a man and his wife to invoke curses on each other, he ordered a man to put his hand on his mouth when he came to the fifth utterance, saying that it would be the deciding one.
Ibn Abbas said “Hilal bin Umayyah was one of the three persons whose repentance was accepted by Allaah. One night he returned from his land and found a man along with his wife. He witnessed with his eyes and heard with his ears. He did not threaten him till the morning. ” Next day he went to the Messenger of Allah صلی اللہ علیہ وسلم in the morning and said Messenger of Allah صلی اللہ علیہ وسلم “I came to my wife in the night and found a man along with her. I saw with my own eyes and heard with my own ears. The Messenger of Allah صلی اللہ علیہ وسلم disliked what he described and he took it seriously. There upon the following Quranic verse came down “And those who make charges against their spouses but have no witnesses except themselves, let the testimony of one of them. . . . ” When the Messenger of Allah صلی اللہ علیہ وسلم came to himself (after the revelation ended) he said “Glad tidings to you Hilal, Allaah the exalted has made ease and a way out for you. ” Hilal said “I expected that from my Lord. The Messenger of Allah صلی اللہ علیہ وسلم said “Send for her. She then came. ” The Messenger of Allah صلی اللہ علیہ وسلم recited the verses to them and he reminded them and told them that the punishment in the next world was more severe than that in n this world. Hilal said “I swear by Allah I spoke the truth against her. ” She said “He told a lie. ” The Messenger of Allah صلی اللہ علیہ وسلم said “Apply the method of invoking curses on one another. Hilal was told “Bear witness. So he bore witness before Allaah four times that he spoke the truth. ” When he was about to utter the fifth time he was told “Hilal fear Allah, for the punishment in this world is easier than that in the next world and this is the deciding one, that will surely cause punishment to you. ” He said “I swear by Allaah. Allah will not punish me for this (act), as He did not cause me to be flogged for this (act). ” So he bore witness a fifth time invoking the curse of Allah on him if he was of those who tell a lie. Then the people said to her, Testify. So she gave testimony before Allaah that he was a liar. When she was going to testify the fifth time she was told “Fear Allah, for the punishment in this world is easier than that in the next world. This is the deciding one that will surely cause punishment to you. ” She hesitated for a moment. And then said “By Allah, I will not disgrace my people. ” So she testified a fifth time invoking the curse of Allah on her if he spoke the truth. Messenger of Allah صلی اللہ علیہ وسلم separated them from each other and decided that the child will not be attributed to its father. Neither she nor her child will be accused of adultery. He who accuses her or her child will be liable to punishment. He also decided that there will be no dwelling and maintenance for her (from the husband) as they were separated without divorce and death. He then said “If she gives birth to a child with reddish hair, light buttocks, wide belly and light shins he will be the child of Hilal. If she bears a dusky child with curly hair, fat limbs, fat shins and fat buttocks he will be the child of the one who was accused of adultery. She gave birth to a child with curly hair, fat limbs, fat shins and fat buttocks. The Messenger of Allah صلی اللہ علیہ وسلم said “Had there been no oaths, I would have dealt with her severely. ” Ikrimah said “Later on he became the chief of the tribe of Mudar. He was not attributed to his father. ”
Ibn Umar said “The Messenger of Allah صلی اللہ علیہ وسلم said to the spouses who invoked curses on each other. Your reckoning is in Allaah’s hands for one of you is liar there is no way for you to (remarry) her. He then asked Messenger of Allah صلی اللہ علیہ وسلم what about my property? He replied “There is no property for you. If you have spoken the truth, it is the price for your having had the right to intercourse with her and if you have lied against her it is still more remote for you.
Saad bin Jubair said I asked Ibn Umar A man accused his wife of adultery? He said “The Messenger of Allah صلی اللہ علیہ وسلم separated the brother and the sister of Banu Al ‘Ajilan (i. e., husband and wife). He said Allaah knows that one of you is a liar, will one of you repent? He repeated these words three times, but they refused. So he separated them from each other.
Ibn Umar said A man invoked curses on his wife (charging her of adultery) during the time of Messenger of Allah صلی اللہ علیہ وسلم and disowned the child. The Messenger of Allah صلی اللہ علیہ وسلم therefore separated them and attributed the child to the woman. Abu Dawud said “The words narrated by Malik alone are “and he attributed the child to the woman. ” Abu Dawud said: The words narrated by Malik alone are: and he attributed the child to the woman. Yunus narrated from Al Zuhri on the authority of Sahl bin Saad in the tradition regarding li’an (invoking curses). He disowned her conception hence her child was attributed to her.