Hadithcore
Sahih Muslim, 1493 a
sahih

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 (Allah 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 Allah, 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 Allah, yes, The first one who asked about it was so and so. he said: Messenger of Allah, 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). Allah's Prophet (ﷺ) kept quiet (or some time). After some time he (that very person) came to him (Allah's Messenger (ﷺ) ) and said: I have been involved in that very cage about which I had asked you Allah 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 you with Truth, he is a liar. (it was) the man who started the swearing of oath and he swore in the name of Allah four times that he was among the truthful. and at the fifth turn he said: Let there be curse of Allah upon him if he were among the liars. Then the woman was called and she swore four times in the name of Allah 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.

حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ نُمَيْرٍ، حَدَّثَنَا أَبِي ح، وَحَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، - وَاللَّفْظُ لَهُ - حَدَّثَنَا عَبْدُ اللَّهِ بْنُ نُمَيْرٍ، حَدَّثَنَا عَبْدُ الْمَلِكِ بْنُ أَبِي سُلَيْمَانَ، عَنْ سَعِيدِ بْنِ، جُبَيْرٍ قَالَ سُئِلْتُ عَنِ الْمُتَلاَعِنَيْنِ، فِي إِمْرَةِ مُصْعَبٍ أَيُفَرَّقُ بَيْنَهُمَا قَالَ فَمَا دَرَيْتُ مَا أَقُولُ فَمَضَيْتُ إِلَى مَنْزِلِ ابْنِ عُمَرَ بِمَكَّةَ فَقُلْتُ لِلْغُلاَمِ اسْتَأْذِنْ لِي ‏.‏ قَالَ إِنَّهُ قَائِلٌ فَسَمِعَ صَوْتِي ‏.‏ قَالَ ابْنُ جُبَيْرٍ قُلْتُ نَعَمْ ‏.‏ قَالَ ادْخُلْ فَوَاللَّهِ مَا جَاءَ بِكَ هَذِهِ السَّاعَةَ إِلاَّ حَاجَةٌ فَدَخَلْتُ فَإِذَا هُوَ مُفْتَرِشٌ بَرْذَعَةً مُتَوَسِّدٌ وِسَادَةً حَشْوُهَا لِيفٌ قُلْتُ أَبَا عَبْدِ الرَّحْمَنِ الْمُتَلاَعِنَانِ أَيُفَرَّقُ بَيْنَهُمَا قَالَ سُبْحَانَ اللَّهِ نَعَمْ إِنَّ أَوَّلَ مَنْ سَأَلَ عَنْ ذَلِكَ فُلاَنُ بْنُ فُلاَنٍ قَالَ يَا رَسُولَ اللَّهِ أَرَأَيْتَ أَنْ لَوْ وَجَدَ أَحَدُنَا امْرَأَتَهُ عَلَى فَاحِشَةٍ كَيْفَ يَصْنَعُ إِنْ تَكَلَّمَ تَكَلَّمَ بِأَمْرٍ عَظِيمٍ ‏.‏ وَإِنْ سَكَتَ سَكَتَ عَلَى مِثْلِ ذَلِكَ قَالَ فَسَكَتَ النَّبِيُّ صلى الله عليه وسلم فَلَمْ يُجِبْهُ فَلَمَّا كَانَ بَعْدَ ذَلِكَ أَتَاهُ فَقَالَ إِنَّ الَّذِي سَأَلْتُكَ عَنْهُ قَدِ ابْتُلِيتُ بِهِ ‏.‏ فَأَنْزَلَ اللَّهُ عَزَّ وَجَلَّ هَؤُلاَءِ الآيَاتِ فِي سُورَةِ النُّورِ ‏{‏ وَالَّذِينَ يَرْمُونَ أَزْوَاجَهُمْ‏}‏ فَتَلاَهُنَّ عَلَيْهِ وَوَعَظَهُ وَذَكَّرَهُ وَأَخْبَرَهُ أَنَّ عَذَابَ الدُّنْيَا أَهْوَنُ مِنْ عَذَابِ الآخِرَةِ قَالَ لاَ وَالَّذِي بَعَثَكَ بِالْحَقِّ مَا كَذَبْتُ عَلَيْهَا ‏.‏ ثُمَّ دَعَاهَا فَوَعَظَهَا وَذَكَّرَهَا وَأَخْبَرَهَا أَنَّ عَذَابَ الدُّنْيَا أَهْوَنُ مِنْ عَذَابِ الآخِرَةِ ‏.‏ قَالَتْ لاَ وَالَّذِي بَعَثَكَ بِالْحَقِّ إِنَّهُ لَكَاذِبٌ فَبَدَأَ بِالرَّجُلِ فَشَهِدَ أَرْبَعَ شَهَادَاتٍ بِاللَّهِ إِنَّهُ لَمِنَ الصَّادِقِينَ وَالْخَامِسَةُ أَنَّ لَعْنَةَ اللَّهِ عَلَيْهِ إِنْ كَانَ مِنَ الْكَاذِبِينَ ثُمَّ ثَنَّى بِالْمَرْأَةِ فَشَهِدَتْ أَرْبَعَ شَهَادَاتٍ بِاللَّهِ إِنَّهُ لَمِنَ الْكَاذِبِينَ وَالْخَامِسَةُ أَنَّ غَضَبَ اللَّهِ عَلَيْهَا إِنْ كَانَ مِنَ الصَّادِقِينَ ثُمَّ فَرَّقَ بَيْنَهُمَا.‏

References2 variants
In-Book Reference
Book 19, Hadith 4
USC-MSA web (English) reference
Book 9, Hadith 3556 (deprecated numbering scheme)
Sharh · explanationclick to expand
The noble Shariah has clarified the rulings of marriage between the man and the woman and has explained the rulings of the husband's accusation of his wife for committing adultery without evidence and the consequent practice of Li‘ān, besides other rulings of separation, to protect lineages, repel shame from the spouses, and ward off the legally prescribed punishment of Qadhf (false accusation of adultery). In this Hadīth, the great Tābi‘i Sa‘īd ibn Jubayr tells us that he was asked about the ruling of the two involved in Li‘ān - when a husband accuses his wife of adultery and denies the attribution of her child to himself and the woman negates this, they are required to practice Li‘ān (oath of condemnation) - should they be separated? He did not know what to say and was not aware of the ruling in this regard, and this was during the governance of Mus‘ab ibn az-Zubayr, who was the ruler of Iraq. Mus‘ab did not separate the spouses who practiced Li‘ān, as clarified in another version of Muslim. Sa‘īd said: "So, I went to the house of Ibn ‘Umar in Makkah" showing that it was a different house than that in Madīnah. It seems that it was the house of Ibn ‘Umar where he stayed when going to Makkah for Hajj or ‘Umrah, and it seems also that Sa‘īd traveled from Kūfah to Makkah. On reaching the house of Ibn ‘Umar (may Allah be pleased with him and his father), he asked the boy, Ibn ‘Umar's servant, to seek permission for him to enter. The servant informed him that Ibn ‘Umar was taking a nap, it was noontime and midday. Ibn ‘Umar (may Allah be pleased with him and his father) heard the voice of Ibn Jubayr and recognized him and asked: Is this Ibn Jubayr who is asking for permission? Ibn Jubayr replied: Yes, I am Sa‘īd ibn Jubayr. So, he permitted him to enter and said: "By Allah, you have not come at this time except for a need." This signifies the understanding and modesty of Ibn ‘Umar (may Allah be pleased with him and his father) and how he did not make things difficult for whoever needed him during his rest, knowing that the one who would come to him during his rest had only come for a necessity; hence, he should not be upset with him; rather, he should receive him with a cheerful face. Ibn Jubayr entered upon Ibn ‘Umar (may Allah be pleased with him and his father) and found him lying on a "saddlecloth," a cloth laid on an animal's back under the saddle, and he was resting his head on a pillow, which is a cushion, and it was filled with fiber, i.e., tree or palm cortex. Then, Sa‘īd ibn Jubayr said: "O Abu ‘Abdur-Rahmān," which is the nickname of ‘Abdullah ibn ‘Umar, and he asked him: Should the two involved in a case of Li‘ān be separated? Ibn ‘Umar (may Allah be pleased with him and his father) said: "Glory be to Allah! Yes." Ibn ‘Umar glorified Allah to express his surprise that Sa‘īd ibn Jubayr was unaware of this famous ruling. Ibn ‘Umar then said: "The first one who asked about this," i.e., the first one who asked the Messenger of Allah (may Allah's peace and blessings be upon him) about what you asked me about "was so-and-so the son of so-and-so," who was ‘Uwaymir al-‘Ajlāni as mentioned in another version in Sahīh Muslim Collection: "The Prophet (may Allah's peace and blessings be upon him) separated between the two members of Banu al-‘Ajlān." He asked: O Messenger of Allah, tell me about the ruling of one who found his wife committing adultery; what should he do in such a situation? If he spoke about what he had seen, "his statement would be a horrible matter" that people would find disgusting. It would be Qadhf (false accusation of adultery) that entails flogging as a legally prescribed punishment in case he brought no evidence. "And if he were to remain silent" and did not speak about what he had seen, his silence about the matter would also be horrible and an unbearable feeling of anger. Ibn ‘Umar (may Allah be pleased with him and his father) reported that the Prophet (may Allah's peace and blessings be upon him) remained silent and did not answer the man's question, waiting for the revelation and considering this a serious issue. The Prophet (may Allah's peace and blessings be upon him) would hate questions about things that did not occur. This man who asked the Prophet (may Allah's peace and blessings be upon him) came back after some time and said: O Messenger of Allah, "I have been afflicted by" the matter I had asked you about, i.e., I have been afflicted and tested in this regard, as I saw my wife committing adultery. Thereupon, Allah Almighty revealed verses of Surat an-Nūr: {As for those who accuse their wives [of adultery] but have no witnesses except themselves, then the evidence of one of them is to testify four times by Allah that he is telling the truth, and the fifth [oath] is that may Allah curse him if he is telling a lie. But she will be spared the punishment if she testifies four times by Allah that he is telling a lie, and the fifth [oath] is that may Allah’s wrath be upon her if he is telling the truth.} [Surat an-Nūr: 6-9] This means: That Men who accuse their wives without having witnesses besides their own selves to testify to the truthfulness of their accusation, each of them should testify four times by Allah: that he is telling the truth about accusing his wife of adultery, then, in the fifth testimony, he should add the supplication against himself of being worthy of curse if he was lying about his accusation, which makes her subject to the legal prescribed punishment of adultery. What spares her this punishment is to testify four times by Allah that he is lying about accusing her, then, in her fifth testimony, she should add the supplication against herself of being liable to Allah's wrath if he was telling the truth about what he accuses her of. The Prophet (may Allah's peace and blessings be upon him) recited these verses to the man and admonished him in the hope that he might take back his accusation "and reminded him" to repent, telling him that the worldly punishment - which is the legally prescribed punishment of Qadhf - is less severe and much easier than the punishment of the Hereafter. However, the man said: "No" I shall not take back what I said because it is true, and he swore, saying: By the One Who sent you with the truth, I did not lie about her by accusing her of adultery and immorality. Then, the Prophet (may Allah's peace and blessings be upon him) called the woman and admonished her to repent in case she had sinned. He reminded and informed her that the worldly punishment - which is the prescribed punishment of adultery, i.e., being stoned - is less severe and much easier than the punishment of the Hereafter. However, the woman swore that her husband was lying in his claim against her. Thereupon, the Prophet (may Allah's peace and blessings be upon him) commanded both of them to swear the oath of condemnation. The Prophet (may Allah's peace and blessings be upon him) started with the man since Allah Almighty started with him in the verse. The man swore four times by Allah that he was telling the truth about what he accused her of, and in the fifth testimony, he invoked the curse upon himself if he was a liar. Then, it was the woman's turn. So, she swore four times by Allah that her husband was lying about his claim against her by accusing her of adultery and immorality, and in the fifth, she supplicated against herself invoking Allah's wrath upon her if her husband was truthful in what he said. So, none of them admitted the truthfulness of the other. Hence, the Prophet (may Allah's peace and blessings be upon him) separated between them. One of the rulings of Li‘ān is that if each of the spouses insists on what he said, then, they should not be united after Li‘ān and their marriage is invalidated. The Hadīth clarifies the ruling of Li‘ān and its manner. It points out how the sinner should be admonished and reminded of repentance..
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