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1202. Sa'eed bin Jubair narrated: "I was asked about those who were involved in the case of Li'an and if they are to be separated, during
the leadership of Muṣ'ab bin Az-Zubair. I did not know what to say. So I went to the house of 'Abdullāh bin 'Umar and I sought permission to enter. I was told that he was taking a nap, but he heard me talking and he said: 'Is it Ibn Jubair? Enter. You would not have come except for a need.'"
He said: "So I entered and found him lying on a saddlecloth from his mount. I said: 'O Abū 'Abdur-Raḥmān! Are those involved in Li'an separated?' He said: 'Glorious is Allāh! Yes. The first who asked about that was so-and-so the son of so-and-so. He came to the Prophet ﷺ and said: "O Messenger of Allāh! If one of us saw his wife committing adultery what should he do? If he were to say anything, his statement would be a horrible matter, and if he were to remain silent, his silence about the matter would be horrible."
"He said: 'So the Prophet ﷺ remained silent and did not answer him. Afterwards he came to the Prophet ﷺ and said: "The one who asked you about it has been tried by it." So Allāh revealed these Āyāt from Sūrat An-Nūr: And those who accuse their wives and have no witnesses except themselves.[1] – until the end of those Āyāt. So he called for the man and recited the Āyāt to him and admonished him, reminded him, and he told him:
"Indeed the punishment of the world is less than the punishment of the Hereafter." So he said: "Nay! By the One Who sent you with the truth! I did not lie about her." Then he did the same with the woman, admonishing her and reminding her and he told her: "Indeed the punishment of the world is less than the punishment of the Hereafter." She said: "Nay! By the One Who sent you with the truth! He is not telling the truth."
"He said: 'So he started with the man: He testified four times, by Allāh that he is one of the truthful, and the fifth time that the curse of Allāh be upon him if he was one of the liars. Then the same with the woman: She testified four times by Allāh, that he was one of the liars, and the fifth time that the wrath of Allāh be upon her if he was one of the truthful. Then he separated the two of them.'" (Saḥīḥ)
(He said:) There are narrations on this topic from Saḥl bin Sa'd, Ibn 'Abbās, Hudhaifah, and Ibn Mas'ud.
(Abū 'Eisā said:) The Hadīth of Ibn 'Umar is a Ḥasan Saḥīḥ Hadīth. This Hadīth is acted upon according to the people of knowledge.
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Footnotes
1
[1] An-Nūr 24:6-10.
Commentary
According to Imām Shafī'ī only on the occasion of a man's Li'an will there be separation, but in the view of the Aḥnāf, separation will be effective on the
orders of the judge. Imām Aḥmad affirms both the views. When the Li'an is imposed there is no way out for their remarriage. It will be a life long separation. The issue of Li'an is started with the oath of husband. (Al-Mughnī v. 11 p. 144-145.)
