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English translation
2245. It was reported from Mālik, from Ibn Shihāb that Saḥl bin Sa'd As-Sā'idī informed him, that
‘Uwaimir bin Ashqar Al-‘Ajlānī went to ‘Āšim bin ‘Ādī and said: “O ‘Āšim, what do you think if a man found another man with his wife — should he kill him, in which case you would then execute him, or what else should he do? ‘Āšim, ask the Messenger of Allāh ﷺ on my behalf regarding this.” So ‘Āšim asked the Messenger of Allāh ﷺ, but the Messenger of Allāh ﷺ disliked this issue, and criticized it, so much so that ‘Āšim felt distressed because of what he heard from the Messenger of Allāh ﷺ. When ‘Āšim returned to his family, ‘Uwaimir came to him and said: “O ‘Āšim! What did the Messenger of Allāh ﷺ say to you?” He replied: “You did not bring me any good! The Messenger of Allāh ﷺ disliked the issue that I asked him about.” ‘Uwaimir said: “I swear by Allāh, I will not stop until I ask him myself about it.” So ‘Uwaimir then went to the Messenger of Allāh ﷺ while he was sitting among the people, and said: “O Messenger of Allāh! What do you think if a man found another man with his wife — should he kill him, in which case you would then execute him, or what else should he do?” So the Messenger of Allāh ﷺ said: “Some (Verses of the) Qur’ān has been revealed regarding you and your spouse, so go and bring her.”
Sahl continued: “So they then pronounced the curse upon one another, and I was present along with the people in front of the
Messenger of Allāh ﷺ. When they both finished, ‘Uwaimir said: ‘O Messenger of Allāh, if I keep her (after this), it would be as if I lied against her.’ So he divorced her three times before being ordered by the Prophet ﷺ.”
Ibn Shihāb said: “So this became the practice of those who pronounced Li‘ān.”[1] (Sahīh)
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Commentary
If a husband discovers adultery committed by a wife but he does not have four witnesses to testify to that, he may go to the court and swear four times before the judge that his wife has committed adultery, and swears the fifth time invoking Allāh’s curse upon himself if he were lying. Then the woman swears four times that he is a liar, and she swears a fifth time invoking Allāh’s wrath upon herself in case his allegation is true. This procedure is called Li‘ān (cursing). This is followed by a permanent separation of the husband and wife, and the marriage is dissolved.
