Commentary
A man who accuses his wife, if he is a free, adult, sane Muslim, and not limited in the accusation, and the woman is of this description with chastity: the lian is valid between them, if he accuses her with explicit adultery. This is when he says to her: O adulteress, or: You have committed adultery, or I saw you committing adultery. If the husband is a slave, or limited in the accusation, and the woman is chaste: he is punished as in the case of accusing foreign women, and as long as she does not bring him before the imam, the lian is not required. The lian is that the man begins by testifying four times by Allah that he is among the truthful regarding what he has accused her of adultery, and in the fifth he says: May the curse of Allah be upon him if he is among the liars regarding what he has accused her of adultery. And the woman says four times: I bear witness by Allah that he is among the liars regarding what he has accused me of adultery, then she says in the fifth: May the anger of Allah be upon her if he is among the truthful regarding what he has accused me of adultery. According to al-Shafi'i, may Allah be pleased with him, the man stands to testify while the woman sits, and the woman and the man sit until she testifies. The imam orders someone to put his hand over his mouth and says to him: I fear that if you are not truthful, you will incur the curse of Allah. He said: The lian takes place in Mecca between the standing place and the Kaaba, in Medina on the pulpit, and in Jerusalem in its mosque, and the lian of a polytheist in the church and where it is honored. If he has no religion, then in our mosques except in the Sacred Mosque, due to His saying: "Indeed, the polytheists are unclean, so let them not approach the Sacred Mosque." Then the judge separates between them, and the separation does not occur between them except by his separation according to Abu Hanifa and his companions, may Allah be pleased with them, except according to Zafar, for the separation occurs by the lian. And from 'Uthman al-Batti: there is no separation at all. According to al-Shafi'i, may Allah be pleased with him, it occurs by the words of the husband, and this separation is considered a definitive divorce according to Abu Hanifa and Muhammad, may Allah be pleased with them, and its ruling does not become permanent. If the man later contradicts himself, the punishment is valid, and he may marry her. According to Abu Yusuf, Zafar, al-Hasan ibn Ziyad, and al-Shafi'i, may Allah be pleased with them, it is a separation without divorce that results in a permanent prohibition, and they are not allowed to reunite thereafter in any way.
It has been narrated that when the verse about accusation was revealed, [[and in al-Khazin: the reason for the revelation of this verse is what was narrated from Sahl ibn Sa'd al-Sa'idi that 'Uwaymir al-'Ajlani came to 'Asim ibn 'Adi and said to 'Asim: What do you think if a man finds with his wife a man? Should he kill him, or will you kill him, or how should he do? Ask the Messenger of Allah, blessings and peace be upon him. It is also narrated from Ibn Abbas that Hilal ibn Umayyah accused his wife before the Prophet, blessings and peace be upon him, of Sharik ibn Sahma. The Messenger of Allah, blessings and peace be upon him, said: The proof or punishment is upon you. He said: O Messenger of Allah, if one of us sees a man with his wife, should he go seek proof? The Prophet, blessings and peace be upon him, kept saying: The proof or punishment is upon you. Then Gabriel descended with His saying: "And those who accuse their wives..." - the verse.]] The Messenger of Allah, blessings and peace be upon him, recited it on the pulpit. 'Asim ibn 'Adi al-Ansari, may Allah be pleased with him, stood up and said: May Allah make me your ransom, if a man finds a man with his wife, he should be flogged eighty times, and his testimony should be rejected forever and he is sinful. If he strikes him with a sword, he is killed. If he remains silent, he remains silent out of anger, and until he brings four witnesses, the man has fulfilled his need and gone: O Allah, open. He went out and met Hilal ibn Umayyah or 'Uwaymir, and he said: What is behind you? He said: Evil: I found on the belly of my wife Khawla - she is the daughter of 'Asim - Sharik ibn Sahma. He said: By Allah, this is my question, how quickly you have been tested! They returned, and 'Asim informed the Messenger of Allah, blessings and peace be upon him, and he spoke to Khawla, and she said: I do not know, was it out of jealousy that he was overtaken?
Or is it stinginess regarding food? And Sharik was their guest. And Hilal said: I saw him on her belly. So it was revealed, and not between them. And the Messenger of Allah, blessings and peace be upon him, said regarding her saying: 'Indeed, the curse of Allah is upon him, if the anger of Allah is upon her: Ameen.' And the people said: Ameen. And he said to her: If you have committed a sin, confess it, for stoning is easier for you than the anger of Allah, for His anger is the Fire. And he said: Be mindful of her giving birth, for if she gives birth to a reddish child, it is for Sharik, and if she gives birth to a white curly child with thick legs, it is for the one you accused.' Ibn Abbas, may Allah be pleased with him, said: She gave birth to the one most resembling Sharik. The Prophet, blessings and peace be upon him, said: 'If it were not for the oath, I would have had a matter with her.' And it was read: 'And it was not,' with the letter 'taa,' because the witnesses are a group. Or because they are in the meaning of the souls that are a substitute. And the reason for the one who read four to be in the accusative is because it is in the ruling of the source, and the agent in it is the source which is 'The testimony of one of them.' And it is a subject with a hidden predicate, its estimation: 'It is obligatory for the testimony of one of them to be four testimonies by Allah.' And it was read: 'Indeed, the curse of Allah,' and 'Indeed, the anger of Allah,' with the lightening of 'an' and raising what comes after it. And it was read: 'Indeed, the anger of Allah,' in the action of anger. And it was read: with the fifth being in the accusative. It is said: 'And the fifth testifies.' If you say: Why was the one who is cursed singled out to have five regarding the anger of Allah? I say: To intensify it upon her, for she is the root of immorality and its source by her deception and seduction, and for that reason she was mentioned first in the verse of flogging. And this is supported by his saying, blessings and peace be upon him, to Khawla: 'For stoning is easier for you than the anger of Allah.'
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