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4745. Narrated Sahl bin Sa'd: 'Uwaimir came to 'Āsim bin 'Ādi who was the chief of Banī 'Ajlān and said, "What do you say about a man who has found another man with his wife? Should he kill him whereupon you would kill him (i.e., the husband), or what should he do? Please ask Allāh's Messenger ﷺ about this matter on my behalf." 'Āsim then went to the Prophet ﷺ and said, "O Allāh's Messenger!" (And asked him that question) but Allāh's Messenger ﷺ disliked the question and considered it shameful.
When 'Uwaimir asked 'Āsim (about the Prophet's answer) 'Āsim replied that Allāh's Messenger ﷺ disliked such questions and considered it shameful. 'Uwaimir then said, "By Allāh, I will not give up asking unless I ask Allāh's Messenger ﷺ about it." 'Uwaimir came (to the Prophet ﷺ) and said, "O Allāh's Messenger! A man has found another man with his wife! Should he kill him whereupon you would kill him (the husband, in Al-Qisāṣ)(1) or what should he do?" Allāh's Messenger ﷺ said, "Allāh has revealed regarding you and your wife's case in the Qur'an." So Allāh's Messenger ﷺ ordered them to perform the Mulā'ana(2) according to what Allāh had mentioned in His Book. So, 'Uwaimir did Mulā'ana with her and said, "O Allāh's Messenger! If I kept her I would oppress her." So 'Uwaimir divorced her, and so divorce became a tradition after them for those who happened to be involved in a case of Mulā'ana. Allāh's Messenger ﷺ then said, "Look! If she ('Uwaimir's wife) delivers a black child with deep black large eyes, big hips and fat legs, then I will be of the opinion that 'Uwaimir has spoken the truth; but if she delivers a red child looking like a Wahara(3) then we will consider that 'Uwaimir has told a lie against her." Later on she delivered a child carrying the qualities which Allāh's Messenger ﷺ had mentioned as a proof for 'Uwaimir's claim; therefore the child was ascribed to its mother henceforth.
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