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 ﷺ in the morning and said Messenger of Allah ﷺ “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 ﷺ 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 ﷺ 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 ﷺ said “Send for her. She then came. ” The Messenger of Allah ﷺ 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 ﷺ 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 ﷺ 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 ﷺ 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. ”
Hadith Referenceسنن ابي داود / كتاب تفريع أبواب الطلاق / 2256
Hadith Gradingالألبانی:ضعيف | زبیر علی زئی:ضعيف, إسناده ضعيف, عباد بن منصور ضعيف مختلط مدلس و عنعن, وتفرد بھذا اللفظ و أصل الحديث صحيح, انوار الصحيفه، صفحه نمبر 85
Hadith Takhrij« وانظر حدیث رقم (2254)، (تحفة الأشراف: 6139)، وقد أخرجہ: مسند احمد (1/238، 245) (ضعیف) » (اس کے راوی عباد بن منصور کی اکثر ائمہ نے تضعیف کی ہے اس لئے ان کی اس روایت کے جن بیانات کی متابعت سابقہ حدیث سے ہو جاتی ہے انہیں کو لیا جائیگا اور باقی منفرد بیانات سے قطع نظر کیا جائے گا)
Benefits and Issues: ➊ This narration is weak. Mudhar (which is in our copy) has been understood as Mudhar by the author of ‘Awn and the author of ‘Badh’. This meaning has been adopted in the translation. However, in some manuscripts of Abu Dawud, it is “Misr”, which means that this child, after becoming evil, became the ruler of a city. See: (Sunan Abi Dawud, edited by Muhammad ‘Awwamah: 1003, Dar al-Qiblah li-Thaqafat al-Islamiyyah, Jeddah) ➋ There is a difference of opinion regarding the verse of li‘an (mutual cursing) as to whether this verse was revealed for Hilal ibn Umayyah or for ‘Uwaymir al-‘Ajlani. According to the majority of scholars, this verse was revealed for Hilal ibn Umayyah because the first li‘an in Islam occurred with Hilal ibn Umayyah, while some scholars have said that perhaps both had asked about this issue and then the verse was revealed. Wallahu a‘lam (And Allah knows best).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2256
Ibn Abbas said “Hilal bin Umayyah accused his wife in the presence of Prophet ﷺ of having committed adultery with Sharik bin Sahma’”. The Prophet ﷺ said “Produce evidence or you must receive punishment on your back. ” He said “Messenger of Allah ﷺ when one of us sees a man having intercourse with his wife should he go and seek evidence?” But the Prophet ﷺ 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 ﷺ then returned and sent for them and they came (to him). Hilal bin Umayyah stood up and testified and the Prophet ﷺ 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 ﷺ 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. ”
Shaykh Umar Farooq Saeedi
Benefits and Issues: How superficial is man, that he considers the matter of the Hereafter to be distant and hidden; yet it is only through the light of faith (iman) that these distances are bridged.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2254