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3431. Sahl bin Sa'd As-Sā'idī narrated that 'Uwaimir Al-'Ajlanī
came to 'Āsim bin 'Adiy and said: "What do you think, O 'Āsim! If a man finds another man with his wife, should he kill him, and be killed in retaliation, or what should he do? O 'Āsim! Ask the Messenger of Allāh ﷺ about that for me." So 'Āsim asked the Messenger of Allāh ﷺ about that, and the Messenger of Allāh ﷺ disapproved of the question, and criticized the asking of too many questions until 'Āsim felt upset. When 'Āsim went back to his people, 'Uwaimir came to him and said: "O 'Āsim, what did the Messenger of Allāh ﷺ say to you?" 'Āsim said: "You have not brought me any good. The Messenger of Allāh ﷺ disapproved of the question you asked." 'Uwaimir said: "By Allāh, I will go and ask the Messenger of Allāh ﷺ." So he went to the Messenger of Allāh ﷺ and found him in the midst of the people. He said: "O Messenger of Allāh, what do you think if a man finds another man with his wife – should he kill him, and be killed in retaliation or what should he do?" The Messenger of Allāh ﷺ said: "Something has been revealed concerning you and your wife, so go and bring her here." Sahl said: "So they engaged in the procedure of Li'ān, and I was among the people in the presence of the Messenger of Allāh ﷺ. When 'Uwaimir finished he said: "I would have been telling lies about her, O Messenger of Allāh, if I keep her." So he divorced her
thrice before the Messenger of Allāh ﷺ told him to do so. (Ṣaḥīḥ)
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Commentary
1. 'Killed in retaliation' because imposition of the prescribed legal penalty or the Hadd is upon government. No one can individually impose the prescribed legal penalty of his own. Therefore, if someone kills a person in a fit of rage who he finds sleeping with his wife, he would thereupon be killed by way of rightful retaliation if he fails to produce four eyewitnesses. Otherwise it would provide people with an excuse to indulge in an orgy of killing. On the Day of Resurrection, however, Allāh, Most High, would treat him in accordance with His knowledge of things, which means if the slain had really committed the crime of adultery and was married, the killer would be forgiven, or otherwise he would be punished.
2. 'Allāh's Messenger ﷺ disapproved of the question'; because he thought these were hypothetical questions, and asking hypothetical questions is shamefully disgusting. Allāh, Most High, had knowledge that the incident had already taken place. Hence, He sent down the Revelation.
3. The detail concerning the Li'an (invoking curse) is coming up, Allāh Willing!
4. 'He divorced her with three pronouncements': And Allāh's Messenger ﷺ did not stop him. It becomes known that giving a threefold divorce simultaneously is permissible. But the marriage itself was ended by Li'an. There is no need of divorce as it makes divorce redundant. Therefore, his act (of giving threefold divorce) was superfluous and futile. This is why the Prophet ﷺ did not stop him abruptly.
