Chapter 11
Li'an (326) 326. 'The word is derived from the Arabic word La'n which means curslng. This takes place when a man accuses his wife of committing adultery without having four witnesses to support his claim. If he speaks publicly about it he will be considered as an accuser and will be given eighty lashes. which is tho punishment for accusation of adultery, When this incident took place during the lifetime of the Prophet the verse of Li'an was revealed (24: 6·9), which states that a husband should swear four times (in front of the magistrate and in the presence of his wife) that he is telling the truth and the fifth time he says that may the Curse of Allah be upon him if he is lying. And then she swears four times that he is
lying about what he his charged her with and the fifth time she says that may the wrath of Allah be upon her if he is telling the truth. In this way he is no longer liable to be punished for false accusation and she is no longer liable to be punishment lor adultery. By this, she is eternally prohibited for him and the child she is expecting (if any) is not his1136. Ibn 'Umar
narrated, 'A man asked. '0 Messenger of Allah! What do you see if someone from amongst us happened to find his wife committing adultery. What should he do? If he talks, he is talking of a grievous matter, and if remains silent, he is also keeping silent over a grievous matter. The Messenger of Allah
did not answer him. Afterwards the man came again and said to Allah's Messenger
'What I have asked you about is now my affiiction (i.e. it actually happened to me; that he saw his wife committing adultery). Then Allah, the Almighty revealed the verses of Surah an-Nur, and the Messenger of Allah
recited them for him, exhorted him and reminded him of Allah, and told him that the torture of this present life is much less than the torture of the Hereafter. He (the man) said, 'No, by Him Who sent you with the truth! I did not tell a lie about her.' Then the Prophet
called her (the wife of that man) and exhorted her as well. She said, 'No,by Him Who sent you with the truth! He is a liar.' The Prophet
began with the man who made four testimonies by Allah, and then the woman did the same, and then he separated them both (forever).' Related by Muslim.
1137. Ibn 'Umar
narrated that the Messenger of Allah
said to the couple involved in the case of Li'an, "Your accounts will be with Allah, One of you two is a Iiar. You have no authority over her." The man said, '0 Messenger of Allah! My property!' The Messenger of Allah
replied, If you were telling the truth concerning her, that would be in return for what you have enjoyed of bed, and if you were lying, that would be more remote to you than her returning to you (i.e. if he was lying about her, how would he take what he had given to her)." Agreed upon.
1138. Anas
narrated that the Messenger of Allah
said, "Watch (for the baby that she will give birth to), if she gives birth to a child which is white with lank hair, then it is her husband's child, but if she gives birth to a child which is brown with curly hair then it is the child of the man her husband accused her of committing adultery with." Agreed upon.
1139. Ibn 'Abbas
narrated, 'The Messenger of Allah
ordered a man to put his hand on his hand on the fifth testimony and said to him, ''It would be the decisive one (which will bring Allah's punishment and curse, and will separate them for ever). Related by Abu Dawud and An-Nasa'i with a trustworthy chain of narrators.
1140. Sahl bin Sad
narrated concerning the case of the couple involved in the Li'an,'When they had finished making their testimony, the man said. '0 Messenger of Allah! If I keep her now as a wife with me, then I have told a lie about her.' The man then divorced thrice before Allah's Messenger
ordered him to do so.' (327) Agreed upon.
327. The majority of scholar are of the opinion that separation takes place anyway by the end of the process of Li'an, As for what this man did, he was not ordered by the Prophet to do so. His divorce only assured him of what had already taken place, which is their separation forever. 1141. Ibn 'Abbas
narrated, 'A man came to the Prophet
and said, 'I have a wife who does not keep the hand of the toucher
(anyone who touches her) from her. The Prophet
said to him, "Divorce her." The man replied, 'But I am afraid, I won't be able to keep away from her.' The Messenger of Allah
then said to him, "Then enjoy her (with that deficiency)." Related by Abu Dawud, At-Tirmidhi and Al-Bazzar with a trustworthy chain of narrators.
An-Nasa'i related on the authority of Ibn 'Abbas
with a different chain of narrators, 'The Messenger of Allah
said to him, "Divorce
her." He replied, 'I can not endure my desire for her.' The Messenger of Allah
then sad, "Then keep her."
1142. Abu Hurairah
narrated that he heard the Messenger of Allah
say when the verse of Li'an. was revealed,"Anyone who falsely claims a child to her family, while he does not belong to them, Allah will have nothing to do with her (not to expect His Mercy) and will not let her enter His Paradise. And any man who denies paternity of his own child while looking at him (i.e. he is certain that he is his child) Allah will not let bim look at Him (at Allah) and shall disgrace him in the presence of all creation the first and the last (on the Day of Resurrection)." Related by Abu Dawud and An-Nasai'i and Ibn Majah, Ibn Hibban graded it as Sahih.
1143. 'Umar
narrated "Whoever acknowledges his paternity to his child, even for a second, he is not to deny him.' Related by Al-Baihaqi.
1144. Abu Hurairah
narrated, 'A man came to the Prophet
and said,'My wife gave birth to a black child.' The Prophet
asked him, "Do you have camels?" The man replied, 'Yes.' The Messenger of Allah
asked him, "What color are they?" The man replied, 'Red.' The Messenger of Allah
asked him again, "Is there a gray one among them?" The man answered, 'Yes.' The Messenger of Allah
then asked him. "Where has that (gray) one come from?" The man said, 'Maybe it is due to heredity.' The Prophet
said, "Maybe your latest son has this (black) color due to heredity," In a version by Muslim,'The man was intending to deny him.' And said at the end of the narration, Allah's Messenger
did not allow him to deny him.'