A man who finds a man with his wife and kills her

Yahya bin Sa'id said that Sa'id bin al-Musayyib said: A man from the people of Syria named Ibn Khaybari found a man with his wife, and he killed his wife, or killed them both. The matter was presented to Sayyiduna Mu'awiyah (may Allah be pleased with him), and ruling on it became difficult for him. He wrote to Sayyiduna Abu Musa (may Allah be pleased with him) to ask Sayyiduna Ali (may Allah be pleased with him) about it. So Sayyiduna Abu Musa asked Sayyiduna Ali, and he said: Indeed, this matter has not occurred in our land; I adjure you to tell me about it. So Sayyiduna Abu Musa told him about it. Then Sayyiduna Ali said: I am Abu Hasan: if he does not bring four witnesses, then you are to hand him over completely.

Salamah said: A man who had found another man with his wife and killed him was brought before Mus'ab, and he declared his blood to be of no account.

Abu Asim said that al-Sha'bi said: Two men of the Ansar were brothers, one of whom was named Ash'ath. He went out to fight in one of the armies of the Muslims. Then his brother's wife said to his brother: There is a man with your brother's wife; can you do anything about it? So the man who had stayed behind climbed onto the roof and looked into his brother's house, and he saw a man with his brother's wife on the bed, while the woman was plucking a chicken for him, and the man was reciting these verses: "Islam has deceived Ash'ath about me. I passed the night with his bride. I spend the night clinging to his wife, while he spends the evening on a dark, lean-bellied mare. The flesh of her body is like the cushions of a litter laid one on top of another."

He said: The man leapt on him and struck him with the sword until he killed him, then threw him away, and in the morning he lay slain in Madinah. Sayyiduna Umar (may Allah be pleased with him) said: I adjure by Allah any man who has any knowledge of this to stand up. So the man stood up and told him the story, and he said: May he be ruined and cast far away.

Ibn Jurayj said: I asked Ata about a man who finds another man with his wife and kills him: is his blood to go unavenged? He said: No matter stands except with testimony. I said: What if testimony is given against that man that he committed adultery in my household? He said: Even if there is testimony, no ruling stands except with testimony; no ruling stands except with testimony.

Alqamah said that Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) said: While we were in the mosque one night, a man suddenly came and said: If a man finds another man with his wife and kills him, will you kill him? Or if he accuses her, will you flog him? I shall certainly mention this matter to the Prophet (peace and blessings be upon him). So he came to the Prophet (peace and blessings be upon him) and mentioned this to him (peace and blessings be upon him), and he (peace and blessings be upon him) remained silent. Then the verse of li'an was revealed. The Prophet (peace and blessings be upon him) called that man and recited these verses to him. After that, the man came and accused his wife, so the Messenger of Allah (peace and blessings be upon him) ruled that the two of them should perform li'an, and he (peace and blessings be upon him) said: "Perhaps she will bring forth a black, curly-haired child." And she did bring forth a black, curly-haired child.

Sayyiduna al-Mughirah (may Allah be pleased with him) said: The news reached the Prophet (peace and blessings be upon him) that Sayyiduna Sa'd bin Ubadah (may Allah be pleased with him) was saying: If I find a man with my wife, I will strike him with the edge of the sword. Upon this the Prophet (peace and blessings be upon him) said: "Are you amazed at the jealousy of Sa'd? By Allah, I am more jealous than Sa'd, and Allah, the Lord of Honour, is more jealous than I am. And it is because of this that Allah has forbidden shameful deeds, whether they are open or hidden."

Al-Mughirah bin al-Nu'man reported from Hani bin Haram.

Yahya bin Adam added in this, from Malik bin Anas, from Hani bin Haram, that a man found another man with his wife and killed her. A letter was written to Sayyiduna Umar (may Allah be pleased with him) about it, and Sayyiduna Umar wrote two letters about it: one public letter, that the man should be killed, and one secret letter, that blood money should be taken from him.