Mutual oath-swearing in an accusation of adultery: Is it permissible for her to marry?
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Li'an
Fatwa number (8947)
Q: When a man accuses his household of fornication and his wife is present, and he swears four times that he is among the truthful and the fifth time that the curse of Allah be upon him if he is among the liars, and if the wife here swears four times that he is among the liars and the fifth time that the wrath of Allah be upon her if he is among the truthful, as stated in the Book of Allah in Surat al-Nur (from verse number 6 to number 9), here the hadd is not carried out on the wife, and they are separated by li'an without divorce. As occurred in the story of Hilal ibn Umayyah (may Allah be pleased with him) before the revelation of this verse, when he accused his wife of zina, and after the revelation of the verse, the Messenger of Allah (peace and blessings be upon him) said to him: So the Messenger of Allah (peace and blessings be upon him) separated between them and ruled that her child not be attributed to a father, and that her child not be accused, and whoever accuses her child, the hadd is upon him, and he ruled that she has no house with him and no provision from him, because they separate without divorce. And here comes the question: In this case, after their separation by li'an without divorce, is it permissible for the woman to marry in this case, and what is the evidence from the Book or the Sunnah if there is evidence? With my hope that if you would be generous, the clear answer would be accompanied by the chain of narration
sufficient and the clear evidence.
A: If li'an is completed between the spouses, they are separated forever, so she is not lawful for him, and it is permissible for her to marry another after the completion of the waiting period if the obstacles are removed and the conditions are met, due to the generality of the evidence from the Book and the Sunnah. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Fatwa number (8947)
Q: When a man accuses his household of fornication and his wife is present, and he swears four times that he is among the truthful and the fifth time that the curse of Allah be upon him if he is among the liars, and if the wife here swears four times that he is among the liars and the fifth time that the wrath of Allah be upon her if he is among the truthful, as stated in the Book of Allah in Surat al-Nur (from verse number 6 to number 9), here the hadd is not carried out on the wife, and they are separated by li'an without divorce. As occurred in the story of Hilal ibn Umayyah (may Allah be pleased with him) before the revelation of this verse, when he accused his wife of zina, and after the revelation of the verse, the Messenger of Allah (peace and blessings be upon him) said to him:
Rejoice, O Hilal, for Allah has made for you a way out and an exit
أبشر يا هلال فقد جعل الله لك فرجا ومخرجاsufficient and the clear evidence.
A: If li'an is completed between the spouses, they are separated forever, so she is not lawful for him, and it is permissible for her to marry another after the completion of the waiting period if the obstacles are removed and the conditions are met, due to the generality of the evidence from the Book and the Sunnah. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.