24.6
Abbas - Tanwîr al-Miqbâs min Tafsîr Ibn ‘Abbâs
(As for those who accuse their wives) of committing adultery (but have no witnesses) for their accusation (except themselves; let the testimony of one of them be four testimonies, (swearing) by Allah) other than Whom there is no god (that he is of those who speak the Truth) about his accusation of his wife;
And those who accuse their wives of fornication but have no witnesses to substantiate this except themselves — which happened with some Companions — then the testimony of one of them fa-shahādatu ahadihim the subject shall be to testify swearing by God four times araba‘a shahādātin is in the accusative as a verbal noun that he is indeed being truthful in accusing his wife of committing fornication
This Ayah offers a way out for husbands. If a husband has accused his wife but cannot come up with proof, he can swear the Li`an (the oath of condemnation) as Allah commanded. This means that he brings her before the Imam and states what he is accusing her of. The ruler then asks him to swear four times by Allah in front of four witnesses
إِنَّهُ لَمِنَ الصَّـدِقِينَ
(that he is one of those who speak the truth) in his accusation of her adultery.
(And the fifth; the invoking of the curse of Allah on him if he be of those who tell a lie.) If he says that, then she is divorced from him by the very act of this Li`an; she is forever forbidden for him and he must give her Mahr to her. The punishment for Zina should be carried out on her, and nothing can prevent the punishment except if she also swears the oath of condemnation (Li`an) and swears by Allah four times that he is one of those who lied, i.e., in what he is accusing her of;
(if she bears witness four times by Allah, that he is telling a lie. And the fifth; should be that the wrath of Allah be upon her if he speaks the truth.) The wrath of Allah is mentioned specially in the case of the woman, because usually a man would not go to the extent of exposing his wife and accusing her of Zina unless he is telling the truth and has good reason to do this, and she knows that what he is accusing her of is true. So in her case the fifth testimony calls for the wrath of Allah to be upon her, for the one upon whom is the wrath of Allah, is the one who knows the truth yet deviates from it. Then Allah mentions His grace and kindness to His creation in that He has prescribed for them a way out of their difficulties. Allah says:
وَلَوْلاَ فَضْلُ اللَّهِ عَلَيْكُمْ وَرَحْمَتُهُ
(And had it not been for the grace of Allah and His mercy on you!) meaning, many of your affairs would have been too difficult for you,
وَأَنَّ اللَّهَ تَوَّابٌ
(And that Allah is the One Who forgives and accepts repentance,) means, from His servants, even if that comes after they have sworn a confirmed oath.
حَكِيمٌ
(the All-Wise. ) in what He prescribes and commands and forbids. There are Hadiths which explain how we are to put this Ayah into effect, why it was revealed and concerning whom among the Companions it was revealed.
The Reason why the Ayah of Li`an was revealed
Imam Ahmad recorded that Ibn `Abbas said: "When the Ayah
(And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever) 24:4 was revealed, Sa`d bin `Ubadah, may Allah be pleased with him, -- the leader of the Ansar -- said, `Is this how it was revealed, O Messenger of Allah' The Messenger of Allah said:
(O Ansar, did you hear what your leader said) They said, `O Messenger of Allah, do not blame him, for he is a jealous man. By Allah, he never married a woman who was not a virgin, and he never divorced a woman but none of us would dare to marry her because he is so jealous.' Sa`d said, `By Allah, O Messenger of Allah, I know that it (the Ayah) is true and is from Allah, but I am surprised. If I found some wicked man lying down with my wife, should I not disturb him until I have brought four witnesses By Allah, he would have finished what he was doing before I could bring them!' A little while later, Hilal bin Umayyah -- one of the three whose repentance had been accepted -- came back from his lands at night and found a man with his wife. He saw with his own eyes and heard with his own ears, but he did not disturb him until the morning. In the morning he went to the Messenger of Allah and said, `O Messenger of Allah, I came to my wife at night and found a man with her, and I saw with my own eyes and heard with my own ears.' The Messenger of Allah did not like what he had said and got very upset. The Ansar gathered around him and said, `We were being tested by what Sa`d bin Ubadah said, and now the Messenger of Allah will punish Hilal bin Umayyah and declare his testimony before people to be unacceptable.' Hilal said: `By Allah, I hope that Allah will make for me a way out from this problem.' Hilal said, `O Messenger of Allah, I see how upset you are by what I have said, but Allah knows that I am telling the truth.' By Allah, the Messenger of Allah wanted to have him flogged, but then Allah sent revelation to His Messenger. When the revelation came upon him, they knew about it from the change in his face, so they would leave him alone until the revelation was finished. Allah revealed the Ayah:
(And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies by Allah...,) Then the revelation was finished and the Messenger of Allah said,
(Rejoice, O Hilal, for Allah has made a way out for you.) Hilal said, `I had been hoping for this from my Lord, may He be glorified.' The Messenger of Allah said:
«أَرْسِلُوا إِلَيْهَا»
(Send for her.) So they sent for her and she came. The Messenger of Allah recited this Ayah to them both, and reminded them that the punishment of the Hereafter is more severe than the punishment in this world. Hilal said, `By Allah, O Messenger of Allah, I have spoken the truth about her.' She said, `He is lying.' The Messenger of Allah said,
«لَاعِنُوا بَيْنَهُمَا»
(Make them both swear the Li`an.) So Hilal was told, `Testify.' So he testified four times by Allah that he was one of those who speak the truth. When he came to the fifth testimony, he was told, `O Hilal, have Taqwa of Allah, for the punishment of this world is easier than the punishment of the Hereafter, and this will mean that the punishment will be inevitable for you.' He said, `By Allah, Allah will not punish me for it, just as He has not caused me to be flogged for it.' So he testified for the fifth time that the curse of Allah would be upon him if he was telling a lie. Then it was said to his wife, `Testify four times by Allah that he is telling a lie.' And when his wife reached the fifth testimony, she was told, `Have Taqwa of Allah, for the punishment of this world is easier than the punishment of the Hereafter, and this will mean that the punishment will be inevitable for you.' She hesitated for a while, and was about to admit her guilt, then she said: `By Allah, I will not expose my people to shame, and she swore the fifth oath that the wrath of Allah would be upon her if he was telling the truth.' Then the Messenger of Allah separated them, and decreed that her child should not be attributed to any father, nor should the child be accused, and whoever accused her or her child, they would be subject to punishment. He also decreed that Hilal was not obliged to house her or feed her, because they had not been separated by divorce, nor had he died and left her a widow. He said,
(If she gives birth to a red-haired child (with skinny thighs) and thin legs, then he is Hilal's child, but if she gives birth to a curly-haired child with thick legs and plump buttocks, then this is what she is accused of.) She subsequently gave birth to a child who was curly-haired with thick legs and plump buttocks, and the Messenger of Allah said,
«لَوْلَا الْأَيْمَانُ لَكَانَ لِي وَلَهَا شَأْنٌ»
(Were it not for the oath that she swore, I would deal with her.)'' `Ikrimah said, "The child grew up to become the governor of Egypt, and he was given his mother's name and was not attributed to any father.'' Abu Dawud recorded a similar but briefer report. This Hadith has corroborating reports in the books of Sahih and elsewhere, with many chains of narration, including the report narrated by Al-Bukhari from Ibn `Abbas, that Hilal bin Umayyah accused his wife before the Prophet with Sharik bin Sahma'. The Prophet said,
«الْبَيِّنَةَ أَوْحَدٌّ فِي ظَهْرِكَ»
(Evidence or the punishment on your back.) He said, "O Messenger of Allah, if any one of us saw a man with his wife, how could he go and get evidence'' The Prophet again said,
«الْبَيِّنَةَ وَإِلَّاحَدٌّ فِي ظَهْرِكَ»
(Evidence otherwise the punishment on your back.) Hilal said, "By the One Who sent you with the truth! I am telling the truth and Allah will reveal something that will protect my back from the punishment. '' Then Jibril came down and brought the revelation,
وَالَّذِينَ يَرْمُونَ أَزْوَجَهُمْ
(And for those who accuse their wives,) Then he recited until he reached:
إِن كَانَ مِنَ الصَّـدِقِينَ
(that he is one of those who speak the truth) 24:6. When the revelation had finished, the Prophet sent for them both. Hilal came and gave his testimony, and the Prophet said,
(Allah knows that one of you is lying. Will one of you repent) Then she stood up and gave her testimony, and when she reached the fifth oath, they stopped her and said, "If you swear the fifth oath and you are lying, the curse of Allah will be inevitable.'' Ibn `Abbas said, "She hesitated and kept quiet until we thought that she had changed her mind, then she said, `I will not dishonor my people today', and she went ahead. Then the Messenger of Allah said,
(Wait until she gives birth, and if she gives birth to a child whose eyes look as if they are ringed with kohl and who has plump buttocks and thick legs, then he is the child of Sharik bin Sahma'.) She gave birth to a child who matched this description, and the Prophet said,
(Were it not for the Book of Allah, I would deal with her.) This version was recorded only by Al-Bukhari, but the event has been narrated with additional chains of narration from Ibn `Abbas and others. Imam Ahmad recorded that Sa`id bin Jubayr said: During the governorship of Ibn Az-Zubayr I was asked about the couple who engage in Li`an, and whether they should be separated, and I did not know the answer. I got up and went to the house of Ibn `Umar, and said, "O Abu `Abdur-Rahman, should the couple who engage in Li`an be separated'' He said, "Subhan Allah, the first one to ask about this was so-and-so the son of so-and-so. He said, `O Messenger of Allah, what do you think of a man who sees his wife committing an immoral sin If he speaks he will be speaking about something very serious, and if he keeps quiet he will be keeping quiet about something very serious.' The Prophet kept quiet and did not answer him. Later on, he came to him and said, `What I asked you about is something with which I myself being tested with.' Then Allah revealed the Ayat,
وَالَّذِينَ يَرْمُونَ أَزْوَجَهُمْ
(And for those who accuse their wives,) until he reached:
(That the wrath of Allah be upon her if he speaks the truth.) He started to advise the man and remind him about Allah, and told him that the punishment of this world is easier than the punishment of the Hereafter. The man said: `By the One Who sent you with the truth, I was not telling you a lie.' Then the Prophet turned to the woman and advised the woman and reminded her about Allah, and told her that the punishment of this world is easier than the punishment of the Hereafter. The woman said, `By the One Who sent you with the truth, he is lying.' So the Prophet started with the man, who swore four times by Allah that he was one of those who speak the truth, and swore the fifth oath that the curse of Allah would be upon him if he were lying. Then he turned to the woman, who swore four times by Allah that he was lying, and swore the fifth oath that the wrath of Allah would be upon her if he was telling the truth. Then he separated them.'' It was also recorded by An-Nasa'i in his Tafsir, and by Al-Bukhari and Muslim in the Two Sahihs.
(As for those who accuse their wives but have no witnesses except themselves…) [24:6]. Abu ‘Uthman Sa‘id ibn Muhammad al-Mu’adhdhin informed us> Muhammad ibn Ahmad ibn ‘Ali al-Hiri> al-Hasan ibn Sufyan> Abu Bakr ibn Abi Shaybah> Yazid ibn Harun> ‘Abbad ibn Mansur> ‘Ikrimah> Ibn ‘Abbas who said: "When the verse (And those who accuse honourable women but bring not four witnesses…) up to His words (They indeed are evil-doers) [24:4], Sa‘d ibn ‘Ubadah, the master of the Helpers, said: ‘Is this how it was revealed to you, O Messenger of Allah?’ The Messenger of Allah, Allah bless him and give him peace, responded: ‘Do you not hear, O Helpers, what your master is saying?’ They said: ‘O Messenger of Allah, he is a very jealous man. By Allah, he never married a woman who was not a virgin and no one amongst us ever dares to marry any woman he divorces, because of his extreme jealousy’. Sa‘d then said: ‘O Messenger of Allah, by Allah I know it is the truth and that it is from Allah. But I was wondering: if I were to find a man on top of my wife, I am not supposed to disturb or move him until I go and bring four witnesses. By Allah, by the time I go to bring them, the man would have finished his business’. Not a long time had passed after this incident when Hilal ibn Umayyah found a man with his wife upon returning in the afternoon from his field. He saw with his eyes and heard with his ears. He did not react and waited until the following morning and went to see the Messenger of Allah, Allah bless him and give him peace. He said to him: ‘O Messenger of Allah, I went to my wife in the afternoon and found her with a man. I saw them with my own eyes and heard them with my own ears’. The Messenger of Allah, Allah bless him and give him peace, disliked what he heard and was greatly distressed as a result. ‘Ubadah ibn al-Samit said then: ‘Now the Messenger of Allah, Allah bless him and give him peace, will flog Hilal ibn Umayyah and his testimony will be void among the Muslims’. Hilal said: ‘By Allah, I am hoping that Allah will make for me a way out of this’. Then he said: ‘O Messenger of Allah, I can see that you are distressed because of what I have told you. But Allah knows that I am saying the truth’. By Allah, just as the Messenger of Allah, Allah bless him and give him peace, was about to order his flogging, the revelation from heaven came to him. When the revelation came to him, the prophetic Companions knew about it by the change in the complexion of his skin. They held back until the revelation stopped. The following verse was revealed (As for those who accuse their wives but have no witnesses except themselves) up to the end. The Messenger of Allah, Allah bless him and give him peace, was relieved. He said: ‘Good news for you, O Hilal! Allah has put you at ease and made for you a way out’. Hilal exclaimed: ‘That is what I was hoping for from my Lord’ ". And the he mentioned the rest of the narration. Muhammad ibn ‘Abd al-Rahman ibn Muhammad al-Faqih informed us> Muhammad ibn Muhammad ibn Sinan al-Muqri’> Ahmad ibn ‘Ali al-Muthanna> Abu Khaythmah> Jarir> al-A‘mash> Ibrahim> ‘Alqamah> ‘Abd Allah who said: "We were in the mosque on Thursday night when a man from the Helpers came in and said: ‘A man finds his wife with another man [what can he do?]. If he speaks about it, you will flog him; if he kills the man, you will kill him; and if he keeps quiet, he will suffer inwardly. By Allah, I will ask the Messenger of Allah, Allah bless him and give him peace, about this’. The following morning he went to the Messenger of Allah, Allah bless him and give him peace, and said: ‘If a man finds his wife with another man [what can he do?]. If he speaks about it, you will flog him; if he kills the man, you will kill him; and if he keeps quiet, he will suffer inside. O Allah, clarify the matter for us’, and he began making supplications. The verse of the public imprecation (li‘an) was revealed after that (As for those who accuse their wives but have no witnesses except themselves). One of the people was tried with this and so he came with his wife to the Messenger of Allah, Allah bless him and give him peace, for public imprecation. The man gave testimony by Allah four times that he was saying the truth, on the fifth occasion he invoked Allah’s curse on himself if he was lying. When his wife was about to contribute her part of this public imprecation, the Messenger of Allah, Allah bless him and give him peace, asked her not to, but she went ahead and did it. The Messenger of Allah, Allah bless him and give him peace, said: ‘The child she will give birth to will be black with curly hair’. And, surely, she gave birth to a child who was black and had curly hair". This was narrated by Muslim from Abu Khaythmah.
