سنن ترمذي
Tirmidhi
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باب وَمِنْ سُورَةِ النُّورِChapter: ….
Hadith 3178
اُردوEn
حَدَّثَنَا هَنَّادٌ، حَدَّثَنَا عَبْدَةُ بْنُ سُلَيْمَانَ، عَنْ عَبْدِ الْمَلِكِ بْنِ أَبِي سُلَيْمَانَ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ، قَالَ : سُئِلْتُ عَنِ الْمُتَلَاعِنَيْنِ فِي إِمَارَةِ مُصْعَبِ بْنِ الزُّبَيْرِ ، أَيُفَرَّقُ بَيْنَهُمَا ؟ فَمَا دَرَيْتُ مَا أَقُولُ ، فَقُمْتُ مِنْ مَكَانِي إِلَى مَنْزِلِ عَبْدِ اللَّهِ بْنِ عُمَرَ، فَاسْتَأْذَنْتُ عَلَيْهِ ، فَقِيلَ لِي إِنَّهُ قَائِلٌ ، فَسَمِعَ كَلَامِي ، فَقَالَ لِيَ : ابْنَ جُبَيْرٍ ؟ ادْخُلْ مَا جَاءَ بِكَ إِلَّا حَاجَةٌ ، قَالَ : فَدَخَلْتُ فَإِذَا هُوَ مُفْتَرِشٌ بَرْدَعَةَ رَحْلٍ لَهُ ، فَقُلْتُ : يَا أَبَا عَبْدِ الرَّحْمَنِ ، الْمُتَلَاعِنَانِ أَيُفَرَّقُ بَيْنَهُمَا ؟ فَقَالَ : سُبْحَانَ اللَّهِ ، نَعَمْ ، إِنَّ أَوَّلَ مَنْ سَأَلَ عَنْ ذَلِكَ فُلَانُ بْنُ فُلَانٍ ، أَتَى النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ : يَا رَسُولَ اللَّهِ أَرَأَيْتَ لَوْ أَنَّ أَحَدَنَا رَأَى امْرَأَتَهُ عَلَى فَاحِشَةٍ كَيْفَ يَصْنَعُ ؟ إِنْ تَكَلَّمَ تَكَلَّمَ بِأَمْرٍ عَظِيمٍ ، وَإِنْ سَكَتَ سَكَتَ عَلَى أَمْرٍ عَظِيمٍ ، قَالَ : فَسَكَتَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَلَمْ يُجِبْهُ ، فَلَمَّا كَانَ بَعْدَ ذَلِكَ أَتَى النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ : إِنَّ الَّذِي سَأَلْتُكَ عَنْهُ قَدِ ابْتُلِيتُ بِهِ ، فَأَنْزَلَ اللَّهُ هَذِهِ الْآيَاتِ فِي سُورَةِ النُّورِ : وَالَّذِينَ يَرْمُونَ أَزْوَاجَهُمْ وَلَمْ يَكُنْ لَهُمْ شُهَدَاءُ إِلا أَنْفُسُهُمْ سورة النور آية 6 حَتَّى خَتَمَ الْآيَاتِ ، قَالَ : فَدَعَا الرَّجُلَ فَتَلَاهُنَّ عَلَيْهِ وَوَعَظَهُ وَذَكَّرَهُ وَأَخْبَرَهُ أَنَّ عَذَابَ الدُّنْيَا أَهْوَنُ مِنْ عَذَابِ الْآخِرَةِ ، فَقَالَ : لَا وَالَّذِي بَعَثَكَ بِالْحَقِّ مَا كَذَبْتُ عَلَيْهَا ، ثُمَّ ثَنَّى بِالْمَرْأَةِ وَوَعَظَهَا وَذَكَّرَهَا وَأَخْبَرَهَا أَنَّ عَذَابَ الدُّنْيَا أَهْوَنُ مِنْ عَذَابِ الْآخِرَةِ ، فَقَالَتْ : لَا وَالَّذِي بَعَثَكَ بِالْحَقِّ مَا صَدَقَ ، فَبَدَأَ بِالرَّجُلِ ، فَشَهِدَ أَرْبَعَ شَهَادَاتٍ بِاللَّهِ إِنَّهُ لَمِنَ الصَّادِقِينَ وَالْخَامِسَةَ أَنَّ لَعْنَةَ اللَّهِ عَلَيْهِ إِنْ كَانَ مِنَ الْكَاذِبِينَ ، ثُمَّ ثَنَّى بِالْمَرْأَةِ فَشَهِدَتْ أَرْبَعَ شَهَادَاتٍ بِاللَّهِ إِنَّهُ لَمِنَ الْكَاذِبِينَ وَالْخَامِسَةَ أَنَّ غَضَبَ اللَّهِ عَلَيْهَا إِنْ كَانَ مِنَ الصَّادِقِينَ ، ثُمَّ فَرَّقَ بَيْنَهُمَا " ، وَفِي الْبَابِ ، عَنْ سَهْلِ بْنِ سَعْدٍ ، قَالَ : وَهَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ .
´Narrated Sa'eed bin Jubair:` "I was asked about those who were involved in the case of Li'an and if they are to be separated, during the leadership of Mus'ab bin Az-Zubair. I did not know what to say. So I went to the house of 'Abdullah bin 'Umar and I sought permission to enter. I was told he was taking a nap, but he heard me taking and he said: 'Is it Ibn Jubair? Enter. You would not have come except for a need.'" He said: "So I entered and found him laying on a saddlecloth from his mount. I said: 'O Abu 'Abdur-Rahman! Are those involved in Li'an separated?' He said: 'Glorious is Allah! Yes. The first who asked about hat was so-and-so the son of so-and-so. He came to the Prophet (ﷺ) and said "O Messenger of Allah! If one of us saw his wife committing adultery, what should he do? If he were to say anything, his statement would be a horrible matter, and if he were to remain silent, his silence about the matter would be horrible." He said: 'So the Prophet (ﷺ) remained silent and did not answer him. Afterwards he came to the Prophet (ﷺ) and said: "The one who asked you about it has been tried by it." So Allah revealed these Ayat from Surat An-Nur: 'And those who accuse their wives and have no witnesses except themselves, let the testimony of one of them be four testimonies by Allah (24:6-10)' - until the end of those Ayat. He said: 'So he called for the man and recited the Ayat to him and admonished him, reminded him, and he told him: "Indeed the punishment of the world is less than the punishment of the Hereafter." So he said: "Nay! By the One Who sent you with the Truth! I did not lie about her." Then he (ﷺ) did the same with the woman, admonishing her and reminding her and he told her: "Indeed the punishment of the world is less than the punishment of the Hereafter." She said: "Nay! By the One Who sent you with the Truth! He is not telling the truth.'" "He said: 'So he started with the man: He testified four times, by Allah that he is one of the truthful, and the fifth time that the curse of Allah be upon him if he was one of the liars. Then the same with the woman: She testified four times by Allah, that he was one of the liars, and the fifth time that the wrath of Allah be upon her if he was one of the truthful. Then he separated the two of them.'"
Related hadith on this topic
Bukhari: 4748
Bukhari: 5306
Bukhari: 5311
Bukhari: 5312
Bukhari: 5313
Bukhari: 5314
Bukhari: 5315
Bukhari: 5349
Bukhari: 6748
Muslim: 3746
Muslim: 3748
Muslim: 3749
Muslim: 3751
Muslim: 3752
Muslim: 3753
Tirmidhi: 1202
Tirmidhi: 1203
Abu Dawud: 2257
Abu Dawud: 2258
Abu Dawud: 2259
Nasai: 3503
Nasai: 3504
Nasai: 3505
Nasai: 3506
Nasai: 3507
Ibn Majah: 2069
Muwatta Malik (Qasim): 371
Bulugh al-Maram: 937
Musnad Humaydi: 687
Musnad Humaydi: 688
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
Those people who accuse their wives of adultery and have no witness except themselves, then the evidence required from each of such people is that he should swear by Allah four times that he is among the truthful, and the fifth time he should say that the curse of Allah be upon him if he is among the liars.
And the punishment can be averted from the woman in this way: that she swears by Allah four times that her husband is indeed among the liars, and the fifth time she says that the wrath of Allah be upon her if her husband is among the truthful (: al-Nur: 6-9).
2:
If the sin has been committed, then accept it and endure the prescribed punishment, otherwise the punishment of the Hereafter is very severe and harsh.
1:
Those people who accuse their wives of adultery and have no witness except themselves, then the evidence required from each of such people is that he should swear by Allah four times that he is among the truthful, and the fifth time he should say that the curse of Allah be upon him if he is among the liars.
And the punishment can be averted from the woman in this way: that she swears by Allah four times that her husband is indeed among the liars, and the fifth time she says that the wrath of Allah be upon her if her husband is among the truthful (: al-Nur: 6-9).
2:
If the sin has been committed, then accept it and endure the prescribed punishment, otherwise the punishment of the Hereafter is very severe and harsh.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 3178
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In one narration, it is mentioned that during the blessed era of the Messenger of Allah (sallallahu alayhi wa sallam), a man accused his wife and denied his newborn child. So the Messenger of Allah (sallallahu alayhi wa sallam) conducted li‘an in accordance with the command of Allah the Exalted, then handed the child over to the woman and separated the two of them.
(Sahih al-Bukhari, al-Tafsir, Hadith: 4748)
(2)
The four oaths from the husband are in place of four witnesses, so that by means of this, he may avert from himself the prescribed punishment for false accusation (hadd al-qadhf).
If, after the husband has taken the oaths, the woman does not perform li‘an, then the prescribed punishment becomes obligatory upon her.
If she performs li‘an and takes the oaths, then she, like the husband, has defended herself.
Imam al-Bukhari (rahimahullah), through this chapter heading and the presented hadith, has alluded to a well-known disputed issue: Is li‘an an oath or a testimony? The majority of scholars consider it an oath, whereas the jurists of Kufa consider it a testimony.
The result of this difference is that, if it is considered an oath, li‘an can take place between any kind of husband and wife, whether they are Muslim or non-Muslim, free or slave; and if it is considered a testimony, then li‘an will only take place between those spouses who are eligible to give testimony.
For testimony, faith and freedom are fundamental conditions.
Imam al-Bukhari (rahimahullah), through the chapter heading and the presented hadith, has indicated his inclination that he is in agreement with the majority of scholars.
And Allah knows best.
(1)
In one narration, it is mentioned that during the blessed era of the Messenger of Allah (sallallahu alayhi wa sallam), a man accused his wife and denied his newborn child. So the Messenger of Allah (sallallahu alayhi wa sallam) conducted li‘an in accordance with the command of Allah the Exalted, then handed the child over to the woman and separated the two of them.
(Sahih al-Bukhari, al-Tafsir, Hadith: 4748)
(2)
The four oaths from the husband are in place of four witnesses, so that by means of this, he may avert from himself the prescribed punishment for false accusation (hadd al-qadhf).
If, after the husband has taken the oaths, the woman does not perform li‘an, then the prescribed punishment becomes obligatory upon her.
If she performs li‘an and takes the oaths, then she, like the husband, has defended herself.
Imam al-Bukhari (rahimahullah), through this chapter heading and the presented hadith, has alluded to a well-known disputed issue: Is li‘an an oath or a testimony? The majority of scholars consider it an oath, whereas the jurists of Kufa consider it a testimony.
The result of this difference is that, if it is considered an oath, li‘an can take place between any kind of husband and wife, whether they are Muslim or non-Muslim, free or slave; and if it is considered a testimony, then li‘an will only take place between those spouses who are eligible to give testimony.
For testimony, faith and freedom are fundamental conditions.
Imam al-Bukhari (rahimahullah), through the chapter heading and the presented hadith, has indicated his inclination that he is in agreement with the majority of scholars.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5306
Maulana Dawood Raz
Hadith Commentary:
From the words of the hadith "dakhaltu biha" (entered upon her), it is derived that the dowry (mahr) becomes obligatory upon consummation of marriage, because in another narration the words "bima istahlalta min farjiha" (for that by which you made her private parts lawful to you) are clearly present.
If the man had not had intercourse (jimaa') with the woman, then even if he had paid the entire dowry, he would have been entitled to receive back a portion of it, i.e., half.
The meaning of the final sentence is that you not only had intercourse with this woman, but then you also defamed her.
Now, what question can there be about the dowry? From this, it is also evident that in Islam, the honor of a woman is given special consideration.
To falsely accuse one's wife is a great sin for her husband.
From the words of the hadith "dakhaltu biha" (entered upon her), it is derived that the dowry (mahr) becomes obligatory upon consummation of marriage, because in another narration the words "bima istahlalta min farjiha" (for that by which you made her private parts lawful to you) are clearly present.
If the man had not had intercourse (jimaa') with the woman, then even if he had paid the entire dowry, he would have been entitled to receive back a portion of it, i.e., half.
The meaning of the final sentence is that you not only had intercourse with this woman, but then you also defamed her.
Now, what question can there be about the dowry? From this, it is also evident that in Islam, the honor of a woman is given special consideration.
To falsely accuse one's wife is a great sin for her husband.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5349
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
From this hadith, it is understood that if a husband has been in seclusion (khalwah) with his wife, then she becomes entitled to the dower (mahr). The Messenger of Allah (sallallahu alayhi wa sallam) said:
“If you are truthful, then you have already been in seclusion with her, therefore the dower you gave is no longer yours. And if you are lying, then even in that case, demanding the dower is pointless, because you have been in seclusion with her and then, on top of that, you have slandered her and defamed her. Now, there is no question of reclaiming the dower.”
(2)
From the words “dakhaltu biha” (I have entered upon her), Imam Bukhari (rahimahullah) has established that with mere seclusion (khalwah), the woman becomes the owner of the dower, whereas the position of other scholars is that the woman becomes entitled to the dower only after consummation (mutual intercourse), because in another narration of the hadith it is stated: “You have made her private parts lawful for yourself,” therefore you are not authorized to take back the dower. And if valid seclusion (khalwah sahihah) or consummation has taken place, then she will receive the full dower and must observe the complete waiting period (‘iddah).
And Allah knows best.
(1)
From this hadith, it is understood that if a husband has been in seclusion (khalwah) with his wife, then she becomes entitled to the dower (mahr). The Messenger of Allah (sallallahu alayhi wa sallam) said:
“If you are truthful, then you have already been in seclusion with her, therefore the dower you gave is no longer yours. And if you are lying, then even in that case, demanding the dower is pointless, because you have been in seclusion with her and then, on top of that, you have slandered her and defamed her. Now, there is no question of reclaiming the dower.”
(2)
From the words “dakhaltu biha” (I have entered upon her), Imam Bukhari (rahimahullah) has established that with mere seclusion (khalwah), the woman becomes the owner of the dower, whereas the position of other scholars is that the woman becomes entitled to the dower only after consummation (mutual intercourse), because in another narration of the hadith it is stated: “You have made her private parts lawful for yourself,” therefore you are not authorized to take back the dower. And if valid seclusion (khalwah sahihah) or consummation has taken place, then she will receive the full dower and must observe the complete waiting period (‘iddah).
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5349
Maulana Dawood Raz
Hadith Commentary:
After li'an, separation is effected between the husband and wife, meaning that as soon as li'an is completed, divorce (talaq) takes place upon the woman. This is the view of Imam Shafi'i, Imam Ahmad, and the majority of the scholars of hadith, and the divorce that 'Uwaymir gave was not necessary. He thought that li'an does not constitute divorce. The statement of 'Uthman Ghani radi Allahu anhu is that after li'an, divorce does not take place until the man pronounces it. Some have said that through li'an, the marriage is annulled (nikah is fasakh) and separation between the two occurs automatically. (Wahidi)
After li'an, separation is effected between the husband and wife, meaning that as soon as li'an is completed, divorce (talaq) takes place upon the woman. This is the view of Imam Shafi'i, Imam Ahmad, and the majority of the scholars of hadith, and the divorce that 'Uwaymir gave was not necessary. He thought that li'an does not constitute divorce. The statement of 'Uthman Ghani radi Allahu anhu is that after li'an, divorce does not take place until the man pronounces it. Some have said that through li'an, the marriage is annulled (nikah is fasakh) and separation between the two occurs automatically. (Wahidi)
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 4748
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
It is understood from this hadith that separation between husband and wife occurs solely through the act of li'an (mutual cursing).
There is no need for the husband to pronounce divorce. This is the position of Imam Shafi'i rahimahullah, Imam Ahmad ibn Hanbal rahimahullah, and the majority of the Ahl al-Hadith.
After li'an, the woman is entitled to marry elsewhere after completing her waiting period ('iddah), which is three menstrual cycles or, in the case of pregnancy, until delivery.
➋
It should be clear that li'an is only applicable when a husband accuses his wife of adultery (zina).
Regarding accusations against ordinary women, the same ruling applies as that of the hadd (prescribed punishment) for slander (qadhf) mentioned in Surah al-Nur, verse: 4 .
➌
It is also understood from this hadith that after li'an, any child born from that pregnancy will not be attributed to the husband, but rather to the mother.
The child will be ascribed to the mother, and the mother will be the child's heir.
And Allah knows best.
➊
It is understood from this hadith that separation between husband and wife occurs solely through the act of li'an (mutual cursing).
There is no need for the husband to pronounce divorce. This is the position of Imam Shafi'i rahimahullah, Imam Ahmad ibn Hanbal rahimahullah, and the majority of the Ahl al-Hadith.
After li'an, the woman is entitled to marry elsewhere after completing her waiting period ('iddah), which is three menstrual cycles or, in the case of pregnancy, until delivery.
➋
It should be clear that li'an is only applicable when a husband accuses his wife of adultery (zina).
Regarding accusations against ordinary women, the same ruling applies as that of the hadd (prescribed punishment) for slander (qadhf) mentioned in Surah al-Nur, verse: 4 .
➌
It is also understood from this hadith that after li'an, any child born from that pregnancy will not be attributed to the husband, but rather to the mother.
The child will be ascribed to the mother, and the mother will be the child's heir.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4748
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
The father refused to acknowledge this child as his own, thus the child's lineage is considered severed from the father; that is, he is no longer regarded as the child's father, and only the mother will be his heir.
The father refused to acknowledge this child as his own, thus the child's lineage is considered severed from the father; that is, he is no longer regarded as the child's father, and only the mother will be his heir.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6748
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The fact is that in Iraq, during the time of Mus'ab ibn Zubayr, when a married couple underwent li'an (mutual cursing), he did not separate them. In this regard, a question was posed to Sa'id ibn Jubayr, so he inquired about it from Ibn 'Umar radi Allahu anhuma and narrated the hadith. (Fath al-Bari: 9/565)
(2)
Regarding a woman with whom consummation (madkhul biha) has taken place, there is consensus among the scholars that after li'an, she will not be deprived of her dower (mahr); rather, she is entitled to the full dower. As for a woman with whom consummation has not taken place (ghayr madkhul biha), there is a difference of opinion. The majority of scholars hold that she will be entitled to half the dower, like other divorced women. However, Imam al-Zuhri rahimahullah says that she is not entitled to anything, because both parties are at fault.
(3)
It is also understood from this hadith that if, after li'an, the woman retracts her claim and admits to adultery (zina), then the prescribed punishment (hadd) for zina will be applied to her, but she will not be deprived of her dower, because she had already become entitled to the wealth before her confession of zina. (Fath al-Bari: 9/566)
(1)
The fact is that in Iraq, during the time of Mus'ab ibn Zubayr, when a married couple underwent li'an (mutual cursing), he did not separate them. In this regard, a question was posed to Sa'id ibn Jubayr, so he inquired about it from Ibn 'Umar radi Allahu anhuma and narrated the hadith. (Fath al-Bari: 9/565)
(2)
Regarding a woman with whom consummation (madkhul biha) has taken place, there is consensus among the scholars that after li'an, she will not be deprived of her dower (mahr); rather, she is entitled to the full dower. As for a woman with whom consummation has not taken place (ghayr madkhul biha), there is a difference of opinion. The majority of scholars hold that she will be entitled to half the dower, like other divorced women. However, Imam al-Zuhri rahimahullah says that she is not entitled to anything, because both parties are at fault.
(3)
It is also understood from this hadith that if, after li'an, the woman retracts her claim and admits to adultery (zina), then the prescribed punishment (hadd) for zina will be applied to her, but she will not be deprived of her dower, because she had already become entitled to the wealth before her confession of zina. (Fath al-Bari: 9/566)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5311
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
It is necessary to separate the man and woman who perform li'an (mutual cursing).
Now, there is a difference of opinion regarding whether separation occurs solely through li'an itself, or whether the ruler of the time must enact the separation between the two.
This has already been clarified in previous chapters.
In one narration, it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam) ruled that the man is not responsible for the woman's maintenance or accommodation, because separation has taken place between them without divorce or death.
(Sunan Abi Dawud, Book of Divorce, Hadith: 2256)
(2)
From this hadith, it is understood that after li'an, separation between husband and wife occurs automatically,
even if the ruler does not enact it, because that woman has now become permanently unlawful (haram) for that husband, as is evident from the following ahadith:
Hazrat Sahl bin Sa'd (radi Allahu anhu) says that he was present with the Messenger of Allah (sallallahu alayhi wa sallam) at the time of li'an.
After that, this practice continued that separation would be enacted between those who performed li'an, and then these two would never be able to unite again.
(Sunan Abi Dawud, Book of Divorce, Hadith: 2257)
Hazrat Umar (radi Allahu anhu) said that separation would be enacted between two who performed li'an, and they would never be able to unite again.
(Al-Sunan al-Kubra lil-Bayhaqi: 7/410)
In one narration, it is mentioned that 'Uwaymir (radi Allahu anhu) gave three divorces before the command of the Messenger of Allah (sallallahu alayhi wa sallam).
(Sahih al-Bukhari, Book of Divorce, Hadith: 5259)
Since he did not know that li'an itself is a cause of permanent separation, he wanted to make his wife unlawful (haram) for himself through divorce.
This was a sign of his extreme aversion to her.
And Allah knows best.
(1)
It is necessary to separate the man and woman who perform li'an (mutual cursing).
Now, there is a difference of opinion regarding whether separation occurs solely through li'an itself, or whether the ruler of the time must enact the separation between the two.
This has already been clarified in previous chapters.
In one narration, it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam) ruled that the man is not responsible for the woman's maintenance or accommodation, because separation has taken place between them without divorce or death.
(Sunan Abi Dawud, Book of Divorce, Hadith: 2256)
(2)
From this hadith, it is understood that after li'an, separation between husband and wife occurs automatically,
even if the ruler does not enact it, because that woman has now become permanently unlawful (haram) for that husband, as is evident from the following ahadith:
Hazrat Sahl bin Sa'd (radi Allahu anhu) says that he was present with the Messenger of Allah (sallallahu alayhi wa sallam) at the time of li'an.
After that, this practice continued that separation would be enacted between those who performed li'an, and then these two would never be able to unite again.
(Sunan Abi Dawud, Book of Divorce, Hadith: 2257)
Hazrat Umar (radi Allahu anhu) said that separation would be enacted between two who performed li'an, and they would never be able to unite again.
(Al-Sunan al-Kubra lil-Bayhaqi: 7/410)
In one narration, it is mentioned that 'Uwaymir (radi Allahu anhu) gave three divorces before the command of the Messenger of Allah (sallallahu alayhi wa sallam).
(Sahih al-Bukhari, Book of Divorce, Hadith: 5259)
Since he did not know that li'an itself is a cause of permanent separation, he wanted to make his wife unlawful (haram) for himself through divorce.
This was a sign of his extreme aversion to her.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5314
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
This hadith comprises three rulings:
➊ Li‘an is legislated (mashru‘).
➋ After li‘an, separation will occur between the man and the woman.
➌ If the husband disowns (denies paternity of) the child, then the child will be attributed to the mother. However, if he denies paternity on the second or third day after birth, this denial will not be considered valid; that is, only immediate denial after the child’s birth is taken into account.
In this case, the child will inherit from the mother, and the mother will inherit from the child.
(2)
Some Shafi‘i scholars have gone to the extent of saying that if the husband denies paternity of a newborn girl, then marriage with her would be permissible. However, the correct view is that, due to her being the daughter of one’s (former) wife, marriage to her is prohibited (haram).
(Fath al-Bari: 9/570)
And Allah knows best.
(1)
This hadith comprises three rulings:
➊ Li‘an is legislated (mashru‘).
➋ After li‘an, separation will occur between the man and the woman.
➌ If the husband disowns (denies paternity of) the child, then the child will be attributed to the mother. However, if he denies paternity on the second or third day after birth, this denial will not be considered valid; that is, only immediate denial after the child’s birth is taken into account.
In this case, the child will inherit from the mother, and the mother will inherit from the child.
(2)
Some Shafi‘i scholars have gone to the extent of saying that if the husband denies paternity of a newborn girl, then marriage with her would be permissible. However, the correct view is that, due to her being the daughter of one’s (former) wife, marriage to her is prohibited (haram).
(Fath al-Bari: 9/570)
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5315
Maulana Dawood Raz
Hadith Commentary: The conclusion is that Sufyan narrated this hadith from both Amr ibn Dinar and Ayyub al-Sakhtiyani.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5312
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The purpose of the title and the presented hadith is that the ruler of the time should, in view of the circumstances, admonish and counsel those who are about to perform li‘an (mutual cursing). This admonition should be given even before the li‘an, because both parties must be made aware of the gravity of the matter—after all, one of them is certainly lying. Therefore, the liar should refrain from taking this step, and should avoid accusing an innocent and pure person of adultery. Even after the li‘an, the ruler should continue to fulfill his duty of calling and guiding, so that if anyone has lied, he may repent and make amends for this sin.
(2)
In the hadith narrated from Ibn ‘Umar (radi Allahu anhu), both possibilities are present: admonition before and after the li‘an. However, from the hadith narrated by Ibn ‘Abbas (radi Allahu anhuma), it is understood that this admonition should be given before the li‘an, because when the verses regarding li‘an were revealed, the Prophet (sallallahu alayhi wa sallam) called Hilal ibn Umayyah (radi Allahu anhu) and his wife, and said: “Allah knows well that one of you is lying. Will any of you repent?” Upon hearing this admonition, Hilal ibn Umayyah (radi Allahu anhu) said: “O Messenger of Allah! I swear that I am truthful.” (Fath al-Bari: 9/568) In any case, those who are about to perform li‘an should be admonished and counseled both before and after the li‘an, perhaps the words may enter the heart of one of them and he may make amends for his sin.
And Allah knows best.
(1)
The purpose of the title and the presented hadith is that the ruler of the time should, in view of the circumstances, admonish and counsel those who are about to perform li‘an (mutual cursing). This admonition should be given even before the li‘an, because both parties must be made aware of the gravity of the matter—after all, one of them is certainly lying. Therefore, the liar should refrain from taking this step, and should avoid accusing an innocent and pure person of adultery. Even after the li‘an, the ruler should continue to fulfill his duty of calling and guiding, so that if anyone has lied, he may repent and make amends for this sin.
(2)
In the hadith narrated from Ibn ‘Umar (radi Allahu anhu), both possibilities are present: admonition before and after the li‘an. However, from the hadith narrated by Ibn ‘Abbas (radi Allahu anhuma), it is understood that this admonition should be given before the li‘an, because when the verses regarding li‘an were revealed, the Prophet (sallallahu alayhi wa sallam) called Hilal ibn Umayyah (radi Allahu anhu) and his wife, and said: “Allah knows well that one of you is lying. Will any of you repent?” Upon hearing this admonition, Hilal ibn Umayyah (radi Allahu anhu) said: “O Messenger of Allah! I swear that I am truthful.” (Fath al-Bari: 9/568) In any case, those who are about to perform li‘an should be admonished and counseled both before and after the li‘an, perhaps the words may enter the heart of one of them and he may make amends for his sin.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5312
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: This hadith establishes that after completing the process of li‘an, the Prophet (sallallahu alayhi wa sallam) once again instructed them and encouraged repentance, in case either of them confessed. If any one of them were to confess, then the prescribed punishment (hadd) would be carried out upon that person.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 3749
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues:
It is established from this hadith that in the case of li'an, a man cannot take back the dower (mahr) from his wife.
Because if he is truthful in his accusation, then he has already benefited from her in exchange for it.
And if he is lying in his accusation, then he has no right whatsoever to demand the dower. If she is non-consummated (ghayr madkhulah), then according to the majority (jumhur), she will receive half the dower as in the case of a divorced woman. According to Abu Zinad, Hammad, and Hakam, she will receive the full dower. According to Imam Zuhri rahimahullah and Imam Malik rahimahullah, she will not receive anything.
It is established from this hadith that in the case of li'an, a man cannot take back the dower (mahr) from his wife.
Because if he is truthful in his accusation, then he has already benefited from her in exchange for it.
And if he is lying in his accusation, then he has no right whatsoever to demand the dower. If she is non-consummated (ghayr madkhulah), then according to the majority (jumhur), she will receive half the dower as in the case of a divorced woman. According to Abu Zinad, Hammad, and Hakam, she will receive the full dower. According to Imam Zuhri rahimahullah and Imam Malik rahimahullah, she will not receive anything.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 3748
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
The ruling of li'an is found in the noble verse: “And those who accuse their wives and have no witnesses...” (: al-Nur: 6). Its procedure is as follows: In a court or before a competent authority, first the man, taking the name of Allah, testifies four times that he is truthful, and on the fifth time he says that if he is lying, then may the curse of Allah be upon him.
Similarly, the woman, taking the name of Allah, testifies four times that her husband is lying, and on the fifth time she says that if her husband is truthful, then may the wrath of Allah descend upon her.
By doing so, the husband will be saved from the hadd of qadhf (the prescribed punishment for falsely accusing someone of adultery), and the wife will be saved from the punishment for adultery, and there will be a permanent separation between the two.
1:
The ruling of li'an is found in the noble verse: “And those who accuse their wives and have no witnesses...” (: al-Nur: 6). Its procedure is as follows: In a court or before a competent authority, first the man, taking the name of Allah, testifies four times that he is truthful, and on the fifth time he says that if he is lying, then may the curse of Allah be upon him.
Similarly, the woman, taking the name of Allah, testifies four times that her husband is lying, and on the fifth time she says that if her husband is truthful, then may the wrath of Allah descend upon her.
By doing so, the husband will be saved from the hadd of qadhf (the prescribed punishment for falsely accusing someone of adultery), and the wife will be saved from the punishment for adultery, and there will be a permanent separation between the two.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1202
Shaykh Umar Farooq Saeedi
Benefits and Issues:
In the case of li'an, the husband will not receive anything from the right.
In the case of li'an, the husband will not receive anything from the right.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2257
Hafiz Muhammad Ameen
Urdu marginal note:
Because the dispute was only about the child. The husband was denying that it was his. The mother, however, cannot deny (the child) at all; therefore, the child will be given to her. And he will be attributed to the mother, because the husband is denying (paternity), and lineage cannot be established from the adulterer.
Because the dispute was only about the child. The husband was denying that it was his. The mother, however, cannot deny (the child) at all; therefore, the child will be given to her. And he will be attributed to the mother, because the husband is denying (paternity), and lineage cannot be established from the adulterer.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3507
Hafiz Muhammad Ameen
English translation:
Those who perform li‘an become permanently forbidden to each other. Under no circumstances can they remarry. This is the position of the majority of the scholars. However, it is attributed to Imam Abu Hanifah rahimahullah that he does not hold to the view of perpetual prohibition. The correct opinion is the first one. The details have already been mentioned previously. See: Benefit 2 of Hadith 3504.
Those who perform li‘an become permanently forbidden to each other. Under no circumstances can they remarry. This is the position of the majority of the scholars. However, it is attributed to Imam Abu Hanifah rahimahullah that he does not hold to the view of perpetual prohibition. The correct opinion is the first one. The details have already been mentioned previously. See: Benefit 2 of Hadith 3504.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3506
Hafiz Muhammad Ameen
(1) From this hadith, it is understood that the Prophet (sallallahu alayhi wa sallam) demanded repentance from them after the li'an, as Imam al-Nasa'i rahimahullah has understood. However, in another hadith, it is explicitly mentioned that the Prophet (sallallahu alayhi wa sallam) demanded repentance from them before the li'an. There is no contradiction between these, because these are two separate incidents, as has already been mentioned: one is the case of Hilal ibn Umayyah, which Ikrimah narrates from Ibn Abbas radi Allahu anhu. In that, repentance is mentioned before the li'an. The other is the case of 'Uwaymir al-'Ajlani; in that, repentance is mentioned after the li'an, as is in this hadith. Therefore, it is established that both ways are correct: the demand can be made before or after. Hafiz Ibn Hajar rahimahullah has adopted this position in Fath al-Bari. See: (Fath al-Bari: 9/458)
(2) "My wealth" — the intent behind this was that since this marriage is being dissolved due to the woman's crime, therefore I should get the dowry (mahr) back. The meaning of the Prophet's (sallallahu alayhi wa sallam) statement is that there is no certainty regarding your truthfulness or falsehood. It is possible that you are truthful, and it is possible that she is innocent; therefore, the dowry cannot be returned. Even if you are truthful, you have already benefited greatly from her, so the demand for the return of the dowry does not befit you.
(3) In the Arabic text, the phrase "qala Ayyub" has not been translated for the sake of fluency. Its meaning should be understood as follows: this narration from Sa'id ibn Jubayr is transmitted by Ayyub al-Sakhtiyani and 'Amr ibn Dinar. The matter of the man asking about his wealth and the response of the Messenger of Allah (sallallahu alayhi wa sallam) is also mentioned. Ayyub was not able to preserve this part. When Ayyub narrated this hadith in the presence of 'Amr ibn Dinar, at that time 'Amr said that you are not narrating a certain part of this hadith, and then he narrated that part. The narration of 'Amr is coming in the next chapter.
(2) "My wealth" — the intent behind this was that since this marriage is being dissolved due to the woman's crime, therefore I should get the dowry (mahr) back. The meaning of the Prophet's (sallallahu alayhi wa sallam) statement is that there is no certainty regarding your truthfulness or falsehood. It is possible that you are truthful, and it is possible that she is innocent; therefore, the dowry cannot be returned. Even if you are truthful, you have already benefited greatly from her, so the demand for the return of the dowry does not befit you.
(3) In the Arabic text, the phrase "qala Ayyub" has not been translated for the sake of fluency. Its meaning should be understood as follows: this narration from Sa'id ibn Jubayr is transmitted by Ayyub al-Sakhtiyani and 'Amr ibn Dinar. The matter of the man asking about his wealth and the response of the Messenger of Allah (sallallahu alayhi wa sallam) is also mentioned. Ayyub was not able to preserve this part. When Ayyub narrated this hadith in the presence of 'Amr ibn Dinar, at that time 'Amr said that you are not narrating a certain part of this hadith, and then he narrated that part. The narration of 'Amr is coming in the next chapter.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3505
Hafiz Muhammad Ameen
(1) By Mus'ab is meant Mus'ab ibn Zubayr, who was the brother of Abdullah ibn Zubayr radi Allahu anhu and served as the governor of Iraq on his behalf during his caliphate. Abdullah ibn Zubayr radi Allahu anhu had declared his caliphate in Makkah Mukarramah during the era of Yazid. In the year 73 AH, Hajjaj, the governor of Abd al-Malik, martyred him and thus ended his caliphate. Radi Allahu anhu wa ardaahu.
(2) The position of the Hanafis is that separation (tafriq) does not occur merely through li'an; if the judge (qadi) decrees separation, only then does separation take place. Even regarding this separation, there is a difference of opinion among them. According to Abu Hanifah and Imam Muhammad rahimahullah, this will be an irrevocable divorce (talaq bainah), and if the husband later retracts his accusation, i.e., withdraws the allegation, then the two may remarry. However, according to Imam Abu Yusuf rahimahullah, through this separation, they become permanently forbidden to each other. The correct position is that of the majority (Malik, Shafi'i, and Imam Ahmad rahimahullah): separation occurs merely through li'an itself; there is no need for a judge's decree nor for divorce. After this, both become eternally forbidden to each other; they can never marry each other again, even if the husband retracts his position, because once the oath (qasam) has taken place and its rulings have been applied and the judgment has been made, that oath cannot be revoked. Similarly, li'an also cannot be undone. However, in this case, the prescribed punishment for false accusation (hadd qadhf) will certainly be applied to the husband, because he not only made an accusation but also, by performing li'an, publicly disgraced her. Therefore, if nothing else, at the very least, the hadd qadhf must be applied. And Allah knows best. For details, see: (Dhakheerat al-Uqba, Sharh Sunan al-Nasa'i: 29/148, 149 and 152, 153; Fath al-Bari: 9/459, 460; and al-Mughni: 11/150, Dar Alam al-Kutub edition)
(2) The position of the Hanafis is that separation (tafriq) does not occur merely through li'an; if the judge (qadi) decrees separation, only then does separation take place. Even regarding this separation, there is a difference of opinion among them. According to Abu Hanifah and Imam Muhammad rahimahullah, this will be an irrevocable divorce (talaq bainah), and if the husband later retracts his accusation, i.e., withdraws the allegation, then the two may remarry. However, according to Imam Abu Yusuf rahimahullah, through this separation, they become permanently forbidden to each other. The correct position is that of the majority (Malik, Shafi'i, and Imam Ahmad rahimahullah): separation occurs merely through li'an itself; there is no need for a judge's decree nor for divorce. After this, both become eternally forbidden to each other; they can never marry each other again, even if the husband retracts his position, because once the oath (qasam) has taken place and its rulings have been applied and the judgment has been made, that oath cannot be revoked. Similarly, li'an also cannot be undone. However, in this case, the prescribed punishment for false accusation (hadd qadhf) will certainly be applied to the husband, because he not only made an accusation but also, by performing li'an, publicly disgraced her. Therefore, if nothing else, at the very least, the hadd qadhf must be applied. And Allah knows best. For details, see: (Dhakheerat al-Uqba, Sharh Sunan al-Nasa'i: 29/148, 149 and 152, 153; Fath al-Bari: 9/459, 460; and al-Mughni: 11/150, Dar Alam al-Kutub edition)
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3504
Hafiz Muhammad Ameen
(1) "Punishment of this world" means that if the man is lying, then the punishment for false accusation (qadhf) is eighty (80) lashes, and if the woman is lying, i.e., she is involved in adultery (zina), then the punishment for adultery is stoning (rajm), whereas the punishment of the Hereafter is Hell. May Allah protect us from it.
(2) "Separation was decreed" because after such a grave accusation, for them to continue living as husband and wife would be shamelessness. This is an agreed-upon (muttafaq alayh) issue.
(3) If a religious scholar (alim) is asked a question and he does not know the answer, he should ask a greater scholar and then inform (the questioner). He should not feel any embarrassment in this. Personal reasoning (ijtihad) should be resorted to afterwards. No single person possesses knowledge of everything. The dignity and respect of the religious scholar should be maintained, and one should travel personally to the scholar’s presence to ask a question. Stopping the scholar in the street or as he passes by the mosque is disrespectful to his status—unless there is great familiarity, and during conversation while walking, a question is asked, as when a teacher and student are walking together and a discussion on an issue arises.
(4) Before the procedure of li'an (mutual cursing), the judge (qadi) should first admonish and advise them, and make them understand.
(2) "Separation was decreed" because after such a grave accusation, for them to continue living as husband and wife would be shamelessness. This is an agreed-upon (muttafaq alayh) issue.
(3) If a religious scholar (alim) is asked a question and he does not know the answer, he should ask a greater scholar and then inform (the questioner). He should not feel any embarrassment in this. Personal reasoning (ijtihad) should be resorted to afterwards. No single person possesses knowledge of everything. The dignity and respect of the religious scholar should be maintained, and one should travel personally to the scholar’s presence to ask a question. Stopping the scholar in the street or as he passes by the mosque is disrespectful to his status—unless there is great familiarity, and during conversation while walking, a question is asked, as when a teacher and student are walking together and a discussion on an issue arises.
(4) Before the procedure of li'an (mutual cursing), the judge (qadi) should first admonish and advise them, and make them understand.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3503
Maulana Ataullah Sajid
Benefits and Issues:
➊ Through li'an, the marriage is terminated; after this, the man can never marry this woman again.
➋ In the case of li'an, the woman's husband will not be called the father of the child. The child will also not inherit from this man; however, there is no doubt regarding the woman being the mother, so the child will inherit from his mother and maternal relatives, and they will inherit from him.
➊ Through li'an, the marriage is terminated; after this, the man can never marry this woman again.
➋ In the case of li'an, the woman's husband will not be called the father of the child. The child will also not inherit from this man; however, there is no doubt regarding the woman being the mother, so the child will inherit from his mother and maternal relatives, and they will inherit from him.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2069
Hafiz Zubair Ali Zai
Hadith Authentication: [وأخرجه البخاري 5315، ومسلم 8/1494، من حديث مالك به]
Jurisprudential Points:
➊ For li'an, see: Previous hadith: 6
➋ The child of a woman involved in li'an is attributed to his mother. This child is not attributed to the husband of that woman; therefore, this child is not entitled to inherit from the father involved in li'an, nor is that "father" his heir. Rather, his mother is considered his 'asabah (agnatic relative).
➌ It is established from the ahadith of Sahih Bukhari that when the man who performed li'an divorced his wife, the Messenger of Allah (sallallahu alayhi wa sallam) separated the two spouses. Therefore, the cause of separation is divorce. Some people say that the cause of separation is li'an, but this opinion is questionable.
➍ The person who performs li'an with his wife and accuses her of adultery is not subjected to the hadd (legal punishment) of qadhf (false accusation of adultery).
➎ According to the preferred opinion, an eyewitness to adultery is not considered in the same ruling as a qadhif (accuser), even if the required number of four witnesses is not completed.
➏ It is obligatory upon the ruler to enforce the Shari'ah rulings with authority.
➐ Some scholars say that if a husband accuses his wife of adultery and does not perform li'an, then he (the husband) will be flogged. See: [التمهيد 15/38 بحواله ابن ابي شيبه عن الشعبي وسنده حسن]
Jurisprudential Points:
➊ For li'an, see: Previous hadith: 6
➋ The child of a woman involved in li'an is attributed to his mother. This child is not attributed to the husband of that woman; therefore, this child is not entitled to inherit from the father involved in li'an, nor is that "father" his heir. Rather, his mother is considered his 'asabah (agnatic relative).
➌ It is established from the ahadith of Sahih Bukhari that when the man who performed li'an divorced his wife, the Messenger of Allah (sallallahu alayhi wa sallam) separated the two spouses. Therefore, the cause of separation is divorce. Some people say that the cause of separation is li'an, but this opinion is questionable.
➍ The person who performs li'an with his wife and accuses her of adultery is not subjected to the hadd (legal punishment) of qadhf (false accusation of adultery).
➎ According to the preferred opinion, an eyewitness to adultery is not considered in the same ruling as a qadhif (accuser), even if the required number of four witnesses is not completed.
➏ It is obligatory upon the ruler to enforce the Shari'ah rulings with authority.
➐ Some scholars say that if a husband accuses his wife of adultery and does not perform li'an, then he (the husband) will be flogged. See: [التمهيد 15/38 بحواله ابن ابي شيبه عن الشعبي وسنده حسن]
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 232
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
It is established from this hadith that the judge should admonish and advise those who are about to perform li‘an, so that they may clarify the actual truth and the situation of li‘an does not arise at all. It is also established that even after li‘an, admonition should be given so that the one who is lying may repent. After li‘an, a permanent and irrevocable separation occurs between the husband and wife.
It is established from this hadith that the judge should admonish and advise those who are about to perform li‘an, so that they may clarify the actual truth and the situation of li‘an does not arise at all. It is also established that even after li‘an, admonition should be given so that the one who is lying may repent. After li‘an, a permanent and irrevocable separation occurs between the husband and wife.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 688
