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‏الطلاق (The Book of Divorce)
CHAPTER: LI'AN (INVOKING CURSE)  

No. 3553

Sahl b. Sa'd al-Sa'idi reported that'Uwaimir al-'Ajlani came to 'Asim b. 'Adi al-Ansari and said to him. Tell me about a person who finds a man with his wife; should he kill him, and be killed In retaliation; or how should he act? 'Asim, ask for me (religious verdict about it) from Allaah's Messenger (sallAllaahu alayhi wa sallam). So 'Asim asked Allaah's Messenger (sallAllaahu alayhi wa sallam) and he did not like this question and he disapproved of it so much that'Asim felt aggrieved at what he had heard from Allaah's Messenger (sallAllaahu alayhi wa sallam). When 'Asim came back to his family, 'Uwaimir came to him and said: 'Asim, what did Allaah's Messenger (sallAllaahu alayhi wa sallam) say to you? 'Asim said to 'Uwaimir: You did not bring something good. Allaah's Messenger (sallAllaahu alayhi wa sallam) did not like this religious verdict that I sought from him. 'Uwaimir said: By Allaah, I will not rest until I have asked him about it. 'Uwaimir proceeded until he came to Allaah's Messenger (sallAllaahu alayhi wa sallam) as he was sitting amidst people, and said: Messenger of Allaah, tell me about a person who found a man with his wife. Should he kill him, and then you would kill him, or how should he act? Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: (Verses) have been revealed concerning you and your wife; so go and bring her. Sahl said that they both invoked curses (and further said): I was along with people in the company of Allaah's Messenger (sallAllaahu alayhi wa sallam). And when they had finished, Uwaimir said: Allaah's Messenger, I shall have told a lie against her if I keep her (now). So he divorced her with three pronouncements before Allaah's Messenger (sallAllaahu alayhi wa sallam) had commanded him. Ibn Shihab said: Subsequently that was the practice of invokers of curses (al Mutala'inain)

No. 3554

Sahl b. Sa'd reported.. 'Uwaimir al-Ansari (Allaah be pleased with him) from Banu'l-'Ajlan came to 'Asim b. 'Adi (Allaah be pleased with him) the remaining part of the hadith is the same and it was also reecorded in it:" And subsequebtly the separation became the practice of al-Mutala'inain." And this addition was also made:" She was pregnant and her son was ascribed to her, and it became customary that such (a son) would inherit her and she would inherit him in the share prescribed by Allaah for her.

No. 3555

Ibn Shihab narrated about the invokers of curses and the practice of (li'an) based on the authority of Sahl b. Sa'd, of the tribe of Sa'ida. that a person from the Ansar came to Allaah's Prophet (sallAllaahu alayhi wa sallam) and said: Allaah's Messenger, tell me about the person who found a man with his wife. The remaining part of the hadith is the same (but) with this addition: They invoked curses in the mosque and I was present there. And he narrated in the hadith: He divorced her with three pronouncements before Allaah's Messenger (sallAllaahu alayhi wa sallam) commanded him (to get separation). He separated from her in the presence of Allaah's Prophet (sallAllaahu alayhi wa sallam), whereupon he said: There is a separation between the invokers of curses.

No. 3556

Sa'id b Jubair reported: I was asked about the invokers of curses during the reign of Mus'ab (b. Zubair) whether they could separate (themselves by this process). He said: I did not understand what to say. So I went to the house of Ibn 'Umar (Allaah be pleased with them) in Mecca. I said to his servant: Seek permission for Me. He said that he (Ibn 'Umar) had been taking rest. He (Ibn 'Umar) heard my voice. and said: Are you Ibn Jubair? I said: Yes. He'said: Come in. By Allaah, it must be some (great) need which has brought you here at this Hour. So I got in and found him lying on a blanket reclining against a pillow stuffed with fibres of date-palm. I said: O Abu'Abd al-Rahman, should there be separation between the invokers of curses? He said: Hallowed be Allaah, yes, The first one who asked about it was so and so. he said: Messenger of Allaah, tell me If one of us finds his wife committing adultery: what should he do? If he talks, that is something great, and if he keeps quiet that is also (something great) (which he cannot afford to do). Allaah's Prophet (sallAllaahu alayhi wa sallam) kept quiet (or some time). After some time he (that very person) came to him (Allaah's Messenger) and said: I have been involved in that very cage about which I had asked you Allaah the Exalted and Majestic then revealed (these) verses of Surah Nur:" Those who accuse their wives" (verse 6), and he (the Prophet) recited them to him and admonished him, and exhorted him and informed him that the torment of the world is less painful than the torment of the Hereafter. He said: No, by Him Who sent you with Truth, I did not tell a lie against her. He (the Prophet) then called her (the wife of that person who had accused her) and admonished her, and exhorted her, and informed her that the torment of this world is less painful than the torment of the Hereafter. She said: No, by Him Who sent thee with Truth, he is a liar. (it was) the man who started the swearing of oath and he swore in the name of Allaah four times that he was among the truthful. and at the fifth turn he said: Let there be curse of Allaah upon him if he were among the liars. Then the woman was called and she swore four times in the name of Allaah that he (her husband) was among the liars, and at the fifth time (she said): Let there be curse upon her if he were among the truthful. He (the Prophet) then effected separation between the two. A hadith like this is narrated by Ibn Numair with a slight variation of words.

No. 3557

Ibn Umar (Allaah be pleased with them) reported Allaah's Messenger (sallAllaahu alayhi wa sallam) saying to the invokers of curse: Your account is with Allaah. One of you must be a liar. You have now no right over this woman. He said: Messenger of Allaah, what about my wealth (dower that I paid her at the time of marriage)? He said: You have no claim to wealth. If you tell the truth, it (dower) is the recompense for your having had the right to intercourse with her, and if you tell a lie against her, it is still more remote from you than she is. Zuhair said in his narration: Sufyan reported to us on the authority of 'Amr that he had heard Sa'id b Jubair saying: I heard Ibn Umar (Allaah be pleased with them) saying that Allaah's Messenger (sallAllaahu alayhi wa sallam) had said it.

No. 3558

Ibn 'Umar (Allaah be pleased with them) said that Allaah's Messenger (sallAllaahu alayhi wa sallam) effected separation between the two members of Banu al-'Ajlan, and said: Allaah knows that one of you is a liar. Is there one to repent among you?

No. 3559

Sa'id b. Jubair reported: I asked Ibn 'Umar (Allaah be pleased with them) about invoking curse (li'an), and he narrated Similarly from Allaah's Prophet (sallAllaahu alayhi wa sallam).

No. 3560

Sa'id b. Jubair reported that Mus'ab b. Zubair did not effect separation between the Mutala'inain (invokers of curses). Sa'id said: It was mentioned to 'Abdullah b. Umar (Allaah be pleased with them) and he said: Allaah's Prophet (sallAllaahu alayhi wa sallam) effected separation between the two members of Banu al-'Ajlan.

No. 3561

Nafi' reported on the authority of Ibn Umar (Allaah be pleased with them) that a person invoked curse on the wife during the lifetime of Allaah s Messenger (sallAllaahu alayhi wa sallam), so he effected separation between them and traced the lineage of the son to his mother.

No. 3562

Ibn 'Umar (Allaah be pleased with them) reported: Allaah's Messenger (sallAllaahu alayhi wa sallam) asked a person from the Anger and his wife to invoke curse (upon one another in order to testify to their truthfulness), and then effected separation between them.

No. 3563

A hadith like this has been narrated on the authority of 'Ubaidulah with the same chain of transmitters.

No. 3564

'Abdullah reported: We were on the night of Friday staying in the mosque when a person from the Ansar came there and said: If a person finds hiswoman along with a man, and he speaks about it, you would lash him, and if he kills, you will kill him, and if he keeps quiet he shall have to consume anger. By Allaah, I will definitely ask about him from Allaah's Mescenger (sallAllaahu alayhi wa sallam). On the following day he came to Allaah's Messenger (sallAllaahu alayhi wa sallam) and asked him thus: If a man were to find with his wife a man and if he were to talk about it, you would lash him; and if he killed, you would kill him, and if he were to keep quiet. he would consume anger, whereupon he (the Prophet) said: Allaah, solve (this problem), and he began to supplicate (before Him), and then the verses pertaining to li'an were revealed:" Those who accuse their wives and have no witnesses except themselves" (xxiv. 6). The person was then put to test according to these verses in the presence of the people. There came he and his wife in the presence of Allaah's Messenger (sallAllaahu alayhi wa sallam), and they invoked curses (in order to testify their claim). The man swore four times in the name of Allaah that he was one of the truthful and then invoked curse for the fifth time saying: Let there be curse of Allaah upon him if he were among the liars. Then she began to invoke curse. Allaah's Messenger (sallAllaahu alayhi wa sallam) said to her: just wait (and curse after considering over it), but she refused and invoked curse and when she turned away, he (Allaah's Prophet) said: It seems that this woman shall give birth to a curly-haired black child, And so she did gave birth to a curly-haired black child.

No. 3565

A hadith like this is narrated on the authority of A'mash.

No. 3566

Muhammad (one of the narrators) reported: I asked Anas b. Malik (Allaah be pleased with him) knowing that he had a knowledge of (the case of li'an). He said: Hilal b. Umayya (Allaah be pleased with him) accused his wife with the charge of fornication with Sharik b. Sahma, the brother of al-Bara'b Malik from the side of his mother. And he was the first person who invoked curse (li'an) in Islam. He in fact invoked curse upon her. Allaah's Messenger (sallAllaahu alayhi wa sallam) said: See to her if she gives birth to a white-complexioned child having dark hair and bright eyes; he must be the son of Hilal b. Umayya; and if she gives birth to a child with dark eyelids, curly hair and lean shanks, he must be the offspring of Sharik b. Sahma. He said: I was informed that she gave birth to a child having dark eyelids, curly hair and lean shanks.

No. 3567

Ibn Abbas (Allaah be pleased with them) reported: Mention was made of li'an in the presence of Allaah's Messenger (sallAllaahu alayhi wa sallam). And Asim b. 'Adi passed a remark about it and then turned away, and a man of his tribe came to him complaining that he had found a man with his wife, whereupon 'Asim said: I have been taken by my words. He took him to Allaah's Messenger (sallAllaahu alayhi wa sallam) and told him about the man whom he had found with his wife and this man was a lean, yellow-coloured man with lank hair, and the person who was accused of committing adultery with her (his wife) had fleshy shanks, with wheat complexion and heavy bulk. Allaah's Messenger (sallAllaahu alayhi wa sallam) said: O Allaah, make (this case) manifest. And as she gave birth to a child, whose face resembled that person about whom her husband had made mention that he had found her with, and Allaah's Messenger (sallAllaahu alayhi wa sallam) had asked them to invoke curses. A person said to Ibn 'Abbas (Allaah be pleased with him): Is she (that woman) about whom Allaah's Messenger (sallAllaahu alayhi wa sallam) (said):" If I were to stone anybody without evidence, I would have stoned her"? Ibn 'Abbas (Allaah be pleased with him) said: No, it is not she. That woman was one who openly spread evil in society. This hadith has been narrated on the authority of Ibn 'Abbas (Allaah be pleased with them) through another chain of transmitters with the addition of these words: 'With flesh, and curly tangled hair."

No. 3568

'Abdullah b Shaddad reported that mention was made about the invokers of curses before Ibn 'Abbas (Allaah be pleased with them). Ibn Shaddad said: Are these the two about whom Allaah's Prophet (clay sallAllaahu alayhi wa sallam) said." If I were to stone one without evidence, I would have definitely stoned her"? Ibn Abbas (Allaah be pleased with them) said: She is not this woman; but she is the one who (committed adultery) openly.

No. 3569

Abu Huraira (Allaah be pleased with him) reported that Sa'd b. 'Ubada al-Ansari said: Messenger of Allaah, tell the if a man finds his wife with another person, should he kill him? Allaah's Messenger (sallAllaahu alayhi wa sallam) said: No. Sa'd said: Why not? I swear by Him Who has honoured you with Truth. There upon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Listen to what your chief says.

No. 3570

Abu Huraira (Allaah be pleased with him) reported that Sa'd b. Ubada (Allaah be pleased with him) said: Messenger of Allaah, if I were to find with my wife a man, should I wait until I bring four witnesses? He said: Yes.

No. 3571

Abu Huraira (Allaah be pleased with him) reported that Sa'd b. Ubada (Allaah be pleased with him) said: Messenger of Allaah, if I were to find with my wife a man, should I not touch him before bringing four witnesses? Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Yes. He said: By no means. By Him Who has sent you with the Truth, I would hasten with my sword to him before that. Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Listen to what your chief says. He is jealous of his honour, I am more jealous than he (is) and God is more jealous than I.

No. 3572

AI-Mughira b. Shu'ba (Allaah be pleased with him) reported that Sa'd b. 'Ubada (Allaah be pleased with him) said: If I were to see a man with my wife, I would have struck him with the sword, and not with the flat part (side) of it. When Allaah's Messenger (sallAllaahu alayhi wa sallam) heard of that, he said: Are you surprised at Sa'd's jealousy of his honour? By Allaah, I am more jealous of my honour than he, and Allaah is more jealous than I. Because of His jealousy Allaah has prohibited abomination, both open and secret And no person is more jealous of his honour than Allaah, and no persons, is more fond of accepting an excuse than Allaah, on account of which He has sent messengers, announcers of glad tidings and warners; and no one is more fond of praise than Allaah on account of which Allaah has promised Paradise.

No. 3573

A hadith like this has been transmitted on the authority, of 'Abd al-Malik b. Umair with the same chain of narraters but with a slight change of words.

No. 3574

Abu Huraira (Allaah be pleased with him) reported: There came a person to the Prophet (may peace he upon him) ) from Banu Fazara and said: My wife has given birth to a child who is black, whereupon Allaah's Prophet (sallAllaahu alayhi wa sallam) said: Have you any camels? He said: Yes. He again said: What is this colour? He said: They are red. He said: Is there a dusky one among them? He said: Yes, there are dusky ones among them He said: How has it come about? He said: It is perhaps the strain to which it has reverted, whereupon he (the Prophet) said: It is perhaps the strain to which he (the child) has reverted.

No. 3575

This hadith has been narrated on the authority of Zuhri with the same chain of transmitters. In the hadith transmitted on the authority of Ma'mar, the (words are):" Messenger of Allaah, my wife has given birth to a dark-complexioned boy, and he at that time was intending to disown him." And this addition has been made at the end of the hadith:" He (the Prophet) did not permit him to disown him."

No. 3576

Abu Huraira (Allaah be pleased with him) reported: A desert Arab came to Allaah's Messenger (sallAllaahu alayhi wa sallam) and said: My wife has given birth to a dark-complexioned child and I have disowned him. Thereupon Allaah's Prophet (sallAllaahu alayhi wa sallam) said: Have you any camels? He said: Yes. He said: What is their colour? He said? They are red. He said: Is there anyone dusky among them? He said: Yes. Allaah's Messenger (sallAllaahu alayhi wa sallam) said: How has it come about? He said: Messenger of Allaah, it is perhaps due to the strain to which it has reverted, whereupon the Prophet (sallAllaahu alayhi wa sallam) said: It (the birth) of the black child may be due to the strain to which he (the child) might have reverted.

No. 3577

A hadith like this has been narrated on the authority of Abu Huraira (Allaah be pleased with him) through another chain of transmitters.




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