Mukhtasar Muslim

Narrated from Sayyiduna Sahl bin Sa’d (may Allah be pleased with him): ‘Uwaymir ‘Ajlani came to ‘Asim bin ‘Adi Al-Ansari and said to him, “O ‘Asim! Suppose a man sees another man with his wife, should he kill him? (If he kills him,) will you then kill (that man) in retaliation, or what should he do? So, ask this matter for me from the Messenger of Allah (peace and blessings be upon him).” ‘Asim (may Allah be pleased with him) asked the Messenger of Allah (peace and blessings be upon him), but he disliked such questions and expressed disapproval of them. What ‘Asim (may Allah be pleased with him) heard from the Messenger of Allah (peace and blessings be upon him) was hard on him. When he returned to his people, ‘Uwaymir came to him and asked, “O ‘Asim! What did the Messenger of Allah (peace and blessings be upon him) say?” ‘Asim (may Allah be pleased with him) said to ‘Uwaymir (may Allah be pleased with him), “You have not brought me anything good, for the Messenger of Allah (peace and blessings be upon him) disliked your asking about this matter.” ‘Uwaymir (may Allah be pleased with him) said, “By Allah, I will not stop until I ask the Messenger of Allah (peace and blessings be upon him) about this matter.” Then ‘Uwaymir (may Allah be pleased with him) came to the Messenger of Allah (peace and blessings be upon him) in the presence of all the people (in the gathering) and said, “O Messenger of Allah! What do you say if a man sees another man with his wife, should he kill him? Then will you kill (that man) in retaliation, or what should he do?” The Messenger of Allah (peace and blessings be upon him) said, “Allah’s command has been revealed concerning you and your wife, so go and bring your wife.” Sayyiduna Sahl (may Allah be pleased with him) said, “Then both husband and wife performed li‘an, and I was present with the people at the Messenger of Allah (peace and blessings be upon him). When they finished, ‘Uwaymir said, ‘O Messenger of Allah! If I now keep this woman, then I am a liar.’ Then Sayyiduna ‘Uwaymir (may Allah be pleased with him) gave her three divorces before the Messenger of Allah (peace and blessings be upon him) ordered him (regarding this matter). Ibn Shihab said, ‘Then this became the established practice for those who perform li‘an.’”

`Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates that` Sayyiduna Sa’d bin ‘Ubadah (may Allah be pleased with him) said, "O Messenger of Allah! If I see a man with my wife, should I not touch him until I bring four witnesses?" The Prophet (peace and blessings be upon him) said, "Yes, indeed." Sayyiduna Sa’d (may Allah be pleased with him) said, "Never! By Allah Who has sent you with the truth, I would deal with him swiftly with the sword." The Messenger of Allah (peace and blessings be upon him) said, "What do your leaders say? They are very protective, and I am more protective than them, and Allah, the Majestic and Glorious, is more protective than me."

Sayyiduna Sa'id bin Jubair says that during the caliphate of Mus'ab bin Zubair, I was asked about the issue of those who perform li'an (mutual cursing), so I was surprised as to what answer I should give. So I went towards the house of Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) which was located in Makkah, and I said to his servant to convey my request. He said that he (Abdullah bin Umar, may Allah be pleased with them both) is resting. He heard my voice and said, "Is it the son of Jubair?" I said, "Yes." He said, "Come inside. By Allah, you must have come for some purpose." I went inside and he was sitting on a spread blanket and reclining on a pillow filled with date palm fibers. I said, "O Abu Abdur Rahman! Should separation be made between those who perform li'an?" He said, "Subhan Allah! Indeed, separation will be made. And the first to ask about this matter from the Messenger of Allah (peace and blessings be upon him) was so-and-so, who was the son of so-and-so. He said, 'O Messenger of Allah! What do you think, if any one of us sees his wife committing an evil act, what should he do? If he speaks out, it is a grave matter, and if he remains silent, how can he remain silent over such a grave matter?' The Messenger of Allah (peace and blessings be upon him) remained silent upon hearing this and did not reply. Then that person came to you (peace and blessings be upon him) and said, 'O Messenger of Allah! The matter I asked you about, I myself have fallen into it.' Then Allah Almighty revealed these verses in Surah An-Nur: 'And those who accuse their wives...' till the end. The Prophet (peace and blessings be upon him) recited these verses to him and advised him and explained that the punishment of this world is easier than the punishment of the Hereafter (meaning, if you are fabricating a lie, then even now confess, and you will receive the punishment of eighty lashes for false accusation, but this is easier than burning in Hell). He said, 'By the One Who sent you with the truth, I have not fabricated a lie against my wife.' Then the Prophet (peace and blessings be upon him) called the woman and warned and advised her and said, 'The punishment of this world is easier than the punishment of the Hereafter.' She said, 'By the One Who sent you with the truth, my husband is lying.' Then the Prophet (peace and blessings be upon him) started with the man, and he gave four testimonies in the name of Allah that he is surely truthful, and the fifth time he said, 'May the curse of Allah be upon him if he is lying.' Then the woman was called, and she gave four testimonies in the name of Allah that the man is lying, and the fifth time she said, 'May the wrath of Allah be upon her if the man is truthful.' After that, the Prophet (peace and blessings be upon him) separated the two of them.

Narrated Ibn Umar (may Allah be pleased with them) that the Messenger of Allah (peace and blessings of Allah be upon him) said to those who performed li'an: "The reckoning of both of you is with Allah, and one of you is a liar." The Prophet (peace and blessings of Allah be upon him) said to the husband: "Now you have no authority over the woman, for she has become separated from you forever." The man said: "O Messenger of Allah! What about my wealth, which she has taken?" The Prophet (peace and blessings of Allah be upon him) said: "You will not get the wealth, because if you are truthful, then that wealth is the compensation for what made her private parts lawful for you, and if you are lying, then the wealth is even farther from you (that is, rather, the burden of your lie has increased upon you)."

It is narrated from Sayyiduna Ibn Umar (may Allah be pleased with them both) that a man performed li'an during the time of the Messenger of Allah (peace and blessings be upon him), so the Prophet (peace and blessings be upon him) separated the two and attributed the lineage of the child to the mother.

Muhammad bin Sirin says: I asked Sayyiduna Anas bin Malik (may Allah be pleased with him), and I thought that he knew, so he said: Hilal bin Umayyah (may Allah be pleased with him) accused his wife of adultery with Sharik bin Sahma, and Hilal bin Umayyah was the maternal brother of Bara bin Malik (may Allah be pleased with him), and he was the first to perform li'an in Islam. The narrator said: Then both husband and wife performed li'an, so the Messenger of Allah said: Observe this woman; if her child is born fair-skinned, with straight hair and red eyes, then he is Hilal bin Umayyah's; and if he is born with dark eyes, curly hair, and thin shins, then he is Sharik bin Sahma's. Sayyiduna Anas bin Malik (may Allah be pleased with him) said: I was informed that the woman's son was born with dark eyes, curly hair, and thin shins.