سنن ابي داود
Abu Dawud
كتاب تفريع أبواب الطلاقDivorce (Kitab Al-Talaq)
باب فِي اللِّعَانِChapter: Regarding Li’an (Mutual Cursing).
Hadith 2250
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ عَمْرِو بْنِ السَّرْحِ ، حَدَّثَنَا ابْنُ وَهْبٍ ، عَنْ عِيَاضِ بْنِ عَبْدِ اللَّهِ الْفِهْرِيِّ ، وَغَيْرِهِ ، عَنْ ابْنِ شِهَابٍ ، عَنْ سَهْلِ بْنِ سَعْدٍ ، فِي هَذَا الْخَبَرِ ، قَالَ : فَطَلَّقَهَا ثَلَاثَ تَطْلِيقَاتٍ عِنْدَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَأَنْفَذَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، وَكَانَ مَا صُنِعَ عِنْدَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ سُنَّةٌ ، قَالَ سَهْلٌ : حَضَرْتُ هَذَا عِنْدَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَمَضَتِ السُّنَّةُ بَعْدُ فِي الْمُتَلَاعِنَيْنِ أَنْ يُفَرَّقَ بَيْنَهُمَا ثُمَّ لَا يَجْتَمِعَانِ أَبَدًا .
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 ﷺ. The Messenger of Allah ﷺ implemented it and what is done before the Prophet ﷺ is sunnah (model behavior of the Prophet). Sahl said “I attended this before the Messenger of Allah ﷺ. 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. ”
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
How will permanent separation occur between those who perform li'an? Will it be through the act of li'an itself, or by the husband issuing a divorce, or by the ruler (hakim) effecting separation between them? There is a difference of opinion among the imams regarding this matter.
And all three positions have been adopted by different imams.
However, the preferred (rajih) position is the first one, because after performing li'an, there is no longer any need for the husband to issue a divorce, nor for the ruler to effect separation between them.
And as for what is mentioned in some narrations, that the husband gave three divorces after li'an, the reason for this was the husband's assumption that unless he issued a divorce, she would remain his wife.
Although this was not the case, due to his own understanding, he immediately issued three divorces. And in some narrations, it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam) effected separation between them, even though there was no need for separation to be effected between them.
The narrator's intent in mentioning this was also to clarify that the ruling and result of the act of li'an is that permanent separation occurred between them.
With this explanation, the apparent differences in the narration of the incident are also reconciled.
How will permanent separation occur between those who perform li'an? Will it be through the act of li'an itself, or by the husband issuing a divorce, or by the ruler (hakim) effecting separation between them? There is a difference of opinion among the imams regarding this matter.
And all three positions have been adopted by different imams.
However, the preferred (rajih) position is the first one, because after performing li'an, there is no longer any need for the husband to issue a divorce, nor for the ruler to effect separation between them.
And as for what is mentioned in some narrations, that the husband gave three divorces after li'an, the reason for this was the husband's assumption that unless he issued a divorce, she would remain his wife.
Although this was not the case, due to his own understanding, he immediately issued three divorces. And in some narrations, it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam) effected separation between them, even though there was no need for separation to be effected between them.
The narrator's intent in mentioning this was also to clarify that the ruling and result of the act of li'an is that permanent separation occurred between them.
With this explanation, the apparent differences in the narration of the incident are also reconciled.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2250
