Bukhari

Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) did not stone this woman despite seeing the signs and indications, because she defended herself by performing li‘an (mutual cursing). The intent of Imam Bukhari (rahimahullah) is also this: if li‘an is carried out by the woman, then no kind of punishment will be applied to her, because it is not permissible in the Shari‘ah to impose a hadd (prescribed punishment) on anyone without witnesses. However, if she had confessed, then she would certainly have been stoned.
In another narration, the Messenger of Allah (sallallahu alayhi wa sallam) said:
“If this woman gives birth to a child with darkly lined eyes, large buttocks, and fleshy shins, then he is the child of Sharik ibn Sahma’, about whom her husband had indicated that he found him with his wife.” Accordingly, the woman gave birth to a child with those very characteristics, so the Messenger of Allah (sallallahu alayhi wa sallam) said:
“If Allah’s decree had not already been decided, I would certainly have punished her.”
(Sahih al-Bukhari, al-Tafsir, Hadith: 4747, and Fath al-Bari: 9/572)
(2)
Hafiz Ibn Hajar (rahimahullah) has explained its meaning: if li‘an had not occurred, which removed the hadd from this woman, then I would certainly have established the hadd upon her, because the suspicion had become apparent regarding which the woman was accused.
And Allah knows best.

Hadith Commentary:
Imam Bukhari rahimahullah, through the aforementioned hadiths, has established from two incidents that merely on the basis of indications and circumstantial evidence, no one can be punished, because for the implementation of a hadd (prescribed punishment), confession or clear-cut proof is required. Thus, in the first hadith, there is mention of a woman whose immoral conduct continued to be the talk of the people even after she embraced Islam, but there was neither any evidence available nor did she confess. Therefore, the Prophet sallallahu alayhi wa sallam did not implement the hadd upon her.

Similarly, regarding the woman about whom her husband expressed doubts and suspicions, after the birth of the child it became clear that the husband was truthful in his claim, but there were no witnesses, nor did the woman confess. Therefore, the hadd was not implemented upon her either.

And Allah knows best.

Hadith Commentary:
That is, stoning (rajm) — but stoning cannot be carried out except with the testimony of four men or with a confession.
The case of the Messenger of Allah (sallallahu alayhi wa sallam) was different.
It is possible that he came to know through revelation (wahy) that this woman had committed adultery (zina).
Most exegetes (mufassirun) have stated that the reason for the revelation (shan al-nuzul) of the verse of imprecation (li'an) was concerning Hilal ibn Umayyah (radi Allahu anhu).

Hadith Commentary:
➊
From Hadith 4745, it was understood that the verse of li‘an is related to ‘Uwaymir radi Allahu anhu, whereas from this hadith it is understood that the verse of li‘an was revealed concerning Hilal ibn Umayyah radi Allahu anhu.
Hafiz Ibn Hajar rahimahullah has answered this as follows:
The revelation of the verses was indeed concerning Hilal ibn Umayyah radi Allahu anhu. After that, a similar incident occurred with ‘Uwaymir al-‘Ajlani radi Allahu anhu, and he presented it before the Messenger of Allah sallallahu alayhi wa sallam.
It is possible that he was not aware of the incident of Hilal ibn Umayyah radi Allahu anhu.

➋
The Messenger of Allah sallallahu alayhi wa sallam said, “The decision regarding your matter is this.” The indication for this is that in the incident of Hilal ibn Umayyah radi Allahu anhu, the words are mentioned that Jibril alayhis salam descended and recited these verses, whereas in the incident of ‘Uwaymir al-‘Ajlani radi Allahu anhu, the words are:
“Allah Ta‘ala has revealed a ruling concerning you,” which can mean that Allah Ta‘ala has revealed the ruling in a case like yours.
(Fath al-Bari: 8/572)

➌
It should be clear that stoning (rajm) cannot be carried out without the testimony of four witnesses or a confession, but the matter of the Messenger of Allah sallallahu alayhi wa sallam is different. It is possible that through revelation (wahy), the reality of the matter was made known to him—that the woman had indeed committed adultery.
And Allah knows best.

Hadith Commentary:
However, adultery was not established against her through witnesses, nor did she confess; for this reason, the prescribed punishment (hadd) could not be carried out upon her.

Hadith Commentary:
(1)
The meaning of the supplication of the Messenger of Allah (sallallahu alayhi wa sallam) was not merely that the truthfulness of one of them should be proven, but rather its meaning is that, through the birth of the child, doubts and suspicions would be removed and the matter would become clear, so that it would serve as a warning to those who commit such acts of indecency.

(2)
From this hadith, it is understood that the procedure of li‘an (mutual cursing) took place after the childbirth, whereas from the previous hadith it was understood that li‘an had already occurred before the childbirth. It is possible that li‘an was performed at the time of the accusation as well. Then, when the son was disavowed, it was carried out again. However, this possibility seems very remote. The most likely scenario appears to be that li‘an took place after conception but before childbirth. And Allah knows best.

Hadith Commentary:
The correspondence between the chapter and the hadith is evident.
It is derived from the hadith that the testimony should first be taken from the man.
This is also the opinion of Imam Shafi'i and the majority of scholars.
If the testimony is taken from the woman first, even then the procedure of li'an will be valid.
It is said that this woman hesitated a little on the fifth time.
Ibn Abbas (radi Allahu anhuma) said: We thought that she would confess her fault, but then she said, "I cannot disgrace my people for a lifetime," and she also took the oath and completed the li'an for the fifth time.

Hadith Commentary:
(1)
In one narration, it is mentioned that when the woman hesitated at the fifth oath, Ibn Abbas radi Allahu anhuma said:
We thought that she would confess her guilt, but she said:
I do not want to disgrace and humiliate my people for a lifetime. Thus, she took the fifth oath and completed the process of li'an (mutual cursing).
(Sahih al-Bukhari, al-Tafsir, Hadith: 4747)
(2)
Imam al-Bukhari rahimahullah, through this heading, has also alluded to a well-known difference of opinion: when performing li'an, should the man begin first, or can the woman also initiate? According to our inclination, the initiation of li'an should be from the man, because Allah the Exalted has described it in this manner.
The practice of the Messenger of Allah sallallahu alayhi wa sallam was also that the man would perform li'an first, then the oaths would be taken from the woman, as is the position of the majority of the scholars. However, if li'an is initiated by the woman, then the li'an is still valid, although it would be contrary to the Sunnah.
And Allah knows best.

Hadith Commentary:
The meaning is that after making a claim or accusing someone, if the claimant does not have witnesses immediately, he should be given enough time to search for witnesses and present them in court.
Hilal bin Umayyah had before him his own eyewitness account, and it was a matter concerning his own wife. On the other hand, the command of the Messenger of Allah (sallallahu alayhi wa sallam) was that, according to the Shari‘ah law, four witnesses must be presented. He became astonished and perplexed, and thus said what is mentioned in the hadith.
In the end, Allah the Exalted Himself presented the solution to this difficulty in the form of li‘an, and the Noble Messenger (sallallahu alayhi wa sallam) narrated a detailed hadith regarding li‘an.
From this, it is also proven that the original source of all Prophetic hadiths is indeed the Noble Qur’an. In light of this reality, the Qur’an is the text, and the Prophetic hadith is its explanation. Those who raise the slogan of acting solely upon the Noble Qur’an and reject the Prophetic hadiths are ensnared in satanic deception and have fallen into the deep abyss of misguidance.
The result of this is destruction, ruin, misguidance, and Hellfire.
May Allah’s curse be upon those who try to prove a contradiction between the Noble Qur’an and the Prophetic hadith.
They claim faith in the Qur’an but deny the hadith: ﴿قَاتَلَهُمُ اللَّهُ أَنَّى يُؤْفَكُونَ﴾ ()
If viewed with fairness, the founders of the fitnah of hadith rejection are those who relegated the Prophetic hadiths to the level of conjecture (zanni) and thereby diminished their importance.
To call a Prophetic hadith that is established with an authentic chain (isnad sahih) mere conjecture is a grave audacity.
May Allah have mercy (rahimahullah) on those jurists (fuqaha) who were guilty of this belittlement of hadith and who opened the door to the fitnah of hadith rejection.
May Allah the Exalted grant every Muslim the straight path (sirat al-mustaqim).
Ameen.

Hadith Commentary:
(1)
If, after making a claim or accusing someone of adultery (zina), the claimant does not have witnesses immediately available, he should be granted sufficient time to search for witnesses and present them in court. He should not be required to produce witnesses immediately.

(2)
The hadith mentions a case concerning a husband and wife, whereas the chapter heading is general. However, this incident occurred before the verses of li'an (mutual cursing) were revealed. At that time, the husband and a stranger were considered equal. Later, when this ruling was established for the accuser, it was, by greater reason, established for every claimant. However, if the claimant is a stranger, he should not be given time to search for witnesses, because he might flee; therefore, it is better that he be detained. Imam Bukhari rahimahullah has established this respite for the accuser by explicit text (nas), while for other claimants, this concession is granted by analogy (qiyas).

Hadith Commentary: Benefits and Issues: ➊
From this hadith, it apparently seems that the li'an (mutual cursing) took place after the birth of the child.
However, other narrations establish that the li'an occurred beforehand.
➋
No woman can be stoned (rajm) for indecent speech or actions without proof of adultery (zina).
Therefore, the Prophet (sallallahu alayhi wa sallam) did not enforce the prescribed punishment (hadd) upon this woman merely on the basis of circumstantial evidence or public rumor.
➌
When Asim (radi Allahu anhu) first asked the Prophet (sallallahu alayhi wa sallam) about the issue at the request of 'Uwaymir (radi Allahu anhu),
at that time he was not aware of the incident.
After the revelation of the verses, he came to know.
Because 'Uwaymir (radi Allahu anhu) had informed him.
And all three individuals—'Uwaymir (radi Allahu anhu), his wife, and the one with whom she had committed adultery—
all three belonged to his family.
That is why he said, "By asking about this issue, I became entangled in this incident."
It appears that in the cases of both Hilal ibn Umayyah (radi Allahu anhu) and 'Uwaymir (radi Allahu anhu), it was the same person, Sharik ibn Sahma', who was involved with their wives.
(Fath al-Bari, vol. 9, p. 555, Maktabah Darussalam)

Explanation:
1:
That is, I would certainly have carried out the prescribed punishment (hadd) upon him.

Benefits and Issues:
The judge should, from time to time, admonish both parties to refrain from resorting to oaths, because the disgrace of this world and its punishment are temporary, but the curse and wrath of Allah are everlasting.
La hawla wa la quwwata illa billah.

(1) If a woman becomes pregnant, but the husband is certain that this pregnancy is from adultery and not his, then he can file a claim in court. The court will also summon the woman and will have them perform li'an (mutual cursing) between them. In other words, it is not necessary to have seen the woman with another man with one's own eyes; certainty of adultery is required.

(2) Li'an is derived from "la'nat" (curse). Since, during the oaths, a person invokes a curse upon the liar, this procedure is called li'an.

(3) Through li'an, the pregnancy will be negated (from the husband), and the child will be attributed to the mother, as is mentioned in Hadith: 3507.

Before the fifth oath, recantation is possible; after the fifth, recantation is not possible—then their matter is entrusted to Allah. Therefore, a hand should be placed over the mouth; if he (or she) is lying, he (or she) may desist. A woman will place her hand over the woman's mouth.

(1) "Said something"—the boastful statement that if such an issue had occurred in my house, I would not have let it reach the stage of li'an, but would have killed the man on the spot. However, Hafiz Ibn Hajar rahimahullah has refuted this view. He has stated categorically that the statement of Asim bin Adi radi Allahu anhu refers to the very question that Uwaymir had asked him to present to the Messenger of Allah sallallahu alayhi wa sallam, i.e., this statement [أَرَأَیْتَ رَجُلاً وَجَدَ مَعَ امْرَأَتِهِ رَجُلاً، أَیَقْتُلُهُ فَتَقْتُلُونَهُ أَمْ کَیْفَ یَفْعَلُ؟]. He says that these are two separate incidents: one is that of Uwaymir, who brought his issue to Asim bin Adi radi Allahu anhu, and the other is that of Hilal bin Umayyah, who brought his issue to Sa'd bin Ubadah and said, "If I were to see her in that state, I would immediately kill her with a sword." That was Sa'd bin Ubadah, and his statement appears in the incident of Hilal bin Umayyah, which Ikrimah narrates from Ibn Abbas radi Allahu anhu. And the statement of Asim radi Allahu anhu appears in the incident of Uwaymir, which Qasim bin Muhammad narrates from Ibn Abbas radi Allahu anhu. Therefore, these are two separate incidents. The statement of Asim is the one mentioned above. In this respect, the meaning of the statement of Asim bin Adi radi Allahu anhu [مَا ابْتُلِیَتُ بِھٰذَا اِلاَّ بِقَوْلِي], in light of other narrations, will be that I was afflicted with this issue because I asked the Messenger of Allah sallallahu alayhi wa sallam this question in the presence of people, as is found in the words of the mursal narration of Muqatil bin Hayyan from Ibn Abi Hatim: [فَقَالَ عَاصِمٌ: إِنَّا اِلَیْهِ رَاجِعُوْنَ، ھٰذَا، وَاللّٰہِ بِسُئوَالي عَنْ ھٰذَا الْأمْرِ بَیْنَ النَّاسِ، فَابْتُلِیَتُ بِهِ]. For details, see: (Fath al-Bari: 9/454, 455)

(2) "I was afflicted"—Hazrat Asim radi Allahu anhu attributed the affliction to himself because Uwaymir was married to his daughter, niece, or some other relative, or it is possible he said this because this issue arose in his tribe. And Allah knows best.

(3) "Thick-shinned"—In the previous hadith, it is "thin-shinned." It is possible that the legs were thick at the top and thin at the bottom, or the narrator made a mistake.

(4) "Li'an was performed"—The apparent words suggest that perhaps li'an took place after the birth of the child, but this impression is not correct. Li'an had already taken place; therefore, the word "then" was added in the translation so that this impression is removed. In the remaining narrations, it is explicitly stated that li'an had already occurred.

Benefits and Issues:

➊
Hilal bin Umayyah (radi Allahu anhu) placed his trust in Allah and entrusted his affair to Allah, so Allah acquitted him.
This demonstrates the faith of the noble Companions and their reliance upon Allah.

➋
The wording of the fifth testimony is different from the first four testimonies.
Its purpose is to awaken the conscience so that whichever of the two parties is in error, they may admit their mistake and accept the worldly punishment, thereby saving themselves from the punishment of the Hereafter.

➌
The fifth oath is obligatory, meaning that it truly brings about Allah’s curse and His wrath. Therefore, one should take this oath with the understanding that, indeed, Allah’s curse and wrath will descend upon the liar.

➍
Love and tribalism for one’s people can incite a person to commit major sins; therefore, it is necessary that this love be kept within the limits set by the Shariah.

➎
Sometimes a person commits a sin for some worldly benefit, even though the attainment of that benefit is not certain.
This woman swore a false oath to save her family from disgrace, but according to the sign described by the Messenger of Allah (sallallahu alayhi wa sallam), when the child was born, the error she had tried to conceal by accepting Allah’s wrath became apparent.

➏
In such situations, the appearance and resemblance of the child establishes the crime, but if the legal situation is such that punishment cannot be given, then the judge cannot exceed the limits of the law.

➐
The Prophetic statement:
“My dealing with this woman (would have been different).”
That is, the guilt of this woman is certain, but since after li’an (mutual cursing) punishment cannot be given, she has been left alone; otherwise, she would certainly have been stoned to death.

Takhrij:
«أخرجه أبو يعلي:5 /207، حديث:2824، وحديث ابن عباس، أخرجه البخاري، التفسير، حديث:4747.»©Explanation:
Clarification: «حضرت شریک بن سحماء رضی اللہ عنہ » He was from the Banu Bali, an allied tribe of the Ansar.
Hilal bin Umayyah accused him of adultery with his wife.
According to one opinion, he was present at the Battle of Uhud along with his father, and he was the maternal brother of Bara’ bin Malik.
His father's name was ‘Abdah bin Mu‘attib, and his mother's name was Sahma’.
«حضرت ہلال بن امیہ رضی اللہ عنہ » He belonged to the “Banu Waqif” branch of the Ansar tribe of Aws.
He was among the well-known and eminent Companions (radi Allahu anhum).
He was among the early Muslims.
He used to break the idols of Banu Waqif.
He participated in the battles of Badr and Uhud.
On the day of the conquest of Makkah, the banner of Banu Waqif was in his hand.
He was one of the three Companions (radi Allahu anhum) who stayed behind at the time of the Battle of Tabuk, then after fifty days their repentance was accepted.

Benefit:
Allah the Exalted has detailed the issue of li‘an in Surah al-Nur (6–9). The reason for the revelation of these verses and the details of this issue are explained in a hadith as follows: Sayyiduna Ibn Mas‘ud radi Allahu anhu narrates: A man came to the Messenger of Allah sallallahu alayhi wa sallam and began to ask: If a man finds another man with his wife, then if he speaks about it, you sallallahu alayhi wa sallam will have him flogged; if he kills (the man), then in retaliation you sallallahu alayhi wa sallam will have him killed; and if he remains silent, then he will have to suppress his rage in silence.

The Prophet sallallahu alayhi wa sallam said: “O Allah, decide!” (Allahumma iftah), and began to supplicate. Then the verses of li‘an were revealed: “And those who accuse their wives…” to “…if he is of the truthful.” (al-Nur: 6–9). So that very man was tested with this trial; thus, he and his wife came to the Messenger of Allah sallallahu alayhi wa sallam and they performed li‘an. The man swore four oaths by Allah that he was surely among the truthful, then on the fifth time he invoked the curse that the curse be upon him if he is among the liars. Then the woman began to invoke the curse, so the Messenger of Allah sallallahu alayhi wa sallam said: “Wait, wait,” but she did not comply and she completed the li‘an. When they left, the Prophet sallallahu alayhi wa sallam said: “Perhaps she will give birth to a child with black, curly hair.” And indeed, she gave birth to a child with black, curly hair. [صحيح مسلم : 1495] When li‘an has taken place, the husband and wife become permanently forbidden to each other without divorce. [صحيح البخاري : 4746]