Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-03a
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The reciter: Yahya ibn Quz'ah narrated to me, and Malik narrated to us from Nafi' from Ibn 'Umar (may Allah be pleased with them both): Sahih al-Bukhari 6748.
The Shaykh : Do you know what mutual imprecation is? Who is the one subject to mutual imprecation? It is the woman whose husband accused her of unlawful sexual intercourse, and it was not proven against her, neither by her confession nor by evidence. This is mutual imprecation. If her husband accused her of unlawful sexual intercourse and her unlawful sexual intercourse was not proven, neither by her confession nor by evidence from the husband, then the fixed punishment for falsely accusing someone of unlawful sexual intercourse is not carried out against her husband. If a non-relative had accused her, the fixed punishment for falsely accusing someone of unlawful sexual intercourse would be carried out against him. But because it is very unlikely that a husband would accuse his wife of unlawful sexual intercourse when she is his bed, the requirement for him to provide evidence is waived. If he provides it, he has provided it. But if he says, "I have no evidence," we do not flog him with the fixed punishment for falsely accusing someone of unlawful sexual intercourse. We say, "Come, you and your wife, to the judge." He comes to the judge and says, "My wife committed unlawful sexual intercourse." The judge says, "Provide evidence." He says, "I have no evidence." We ask the wife, "Do you confess to this?" If she confesses, the fixed punishment for unlawful sexual intercourse is carried out against her, and the husband is safe. If she does not confess, we say to the husband, "Then we will flog you with the fixed punishment for falsely accusing someone of unlawful sexual intercourse, or you will perform mutual imprecation." That means either you perform mutual imprecation, or we will flog you with the fixed punishment for falsely accusing someone of unlawful sexual intercourse. He chooses mutual imprecation. He testifies by Allah four times that he is truthful in what he says regarding his wife, and in the fifth time he says, "And the curse of Allah be upon him if he is among the liars."
At that point, either the woman performs mutual imprecation or she refuses. If she refuses, the correct view is that the fixed punishment is carried out against her, because Allah said:[An-Nur 24:8] And the punishment is the punishment of the woman who commits unlawful sexual intercourse. It was said that if she refuses, she is imprisoned until she dies or performs mutual imprecation, but there is no evidence for this view, so it is weak. The correct view is that the punishment is the fixed punishment for unlawful sexual intercourse.
All right, she has the right to avert the fixed punishment by performing mutual imprecation. She says, "I testify by Allah that this man lied to me in what he accused me of regarding unlawful sexual intercourse." And in the fifth time she says, "And the anger of Allah be upon her if he is among the truthful." Do you understand?
She was specifically assigned the anger, which is more severe than the curse, because the husband is closer to the truth than she is. It is very unlikely that a husband would claim what defiles his bed, and it is very likely that she would deny it to avert the disgrace of unlawful sexual intercourse from herself. For this reason, the woman whom the Prophet (peace and blessings be upon him) intended to have perform mutual imprecation with her husband said: "By Allah, I will not disgrace my people for the rest of the day". She would disgrace them with what? With unlawful sexual intercourse.
Since it is unlikely for a husband to claim that his bed has been defiled, he was specifically assigned the curse, which is milder than the anger. And since it is likely for the wife to deny it to avert the disgrace of unlawful sexual intercourse from herself, she was specifically assigned what? The anger.
Once the mutual imprecation is completed, the child remains. We will mention it after the call to prayer, if Allah wills.
We are left with the child who may have been born from unlawful sexual intercourse. If the husband acknowledges him, he is his. If he is silent about him, he is his. If he denies him, he is not his. If he disavows him and says, "This child is not mine," he is not his. To whom does he belong? Ibn 'Umar said: meaning the woman is his mother and father. He made her his mother and father. Accordingly, she inherits from him as a mother and a father. This is the correct view.
It was said that she inherits from him as a mother and as his residuary heir.
The difference becomes clear with an example. This is a woman who performed mutual imprecation regarding her child, and her husband disavowed the child. Then he died, leaving behind a lot of money. Her mother has brothers. Who are they in relation to this child?
They are his maternal uncles. The child died. According to the school of thought, the mother inherits one-third, and her brothers inherit the rest because they are her residuary heirs.
According to the stronger position, the mother inherits one-third as a mother, and the rest as a residuary heir as a father. This is the correct view, and the hadith indicates this:Jami` at-Tirmidhi 2115Da'if (Darussalam). It is known that she is closer to this deceased person than her brothers are, because she is his mother, and her brothers claim kinship through her, and she is a father as well as a mother.
All right, what if her father was alive? According to the stronger position, he does not inherit anything because he is a grandfather. According to the second view, the mother inherits one-third, and the rest goes to the grandfather.
A man and his wife had a case of Lian (or Mula'ana) during the lifetime of the Prophet (ﷺ) and the man denied the paternity of her child. The Prophet (ﷺ) gave his verdict for their separation (divorce) and then the child was regarded as belonging to the wife only.
أن رجلاً لاعن امرأته في زمن النبي صلى الله عليه وسلم وانتفى من ولدها ، ففرق النبي صلى الله عليه وسلم بينهما وألحق الولد بالمرأةThe Shaykh : Do you know what mutual imprecation is? Who is the one subject to mutual imprecation? It is the woman whose husband accused her of unlawful sexual intercourse, and it was not proven against her, neither by her confession nor by evidence. This is mutual imprecation. If her husband accused her of unlawful sexual intercourse and her unlawful sexual intercourse was not proven, neither by her confession nor by evidence from the husband, then the fixed punishment for falsely accusing someone of unlawful sexual intercourse is not carried out against her husband. If a non-relative had accused her, the fixed punishment for falsely accusing someone of unlawful sexual intercourse would be carried out against him. But because it is very unlikely that a husband would accuse his wife of unlawful sexual intercourse when she is his bed, the requirement for him to provide evidence is waived. If he provides it, he has provided it. But if he says, "I have no evidence," we do not flog him with the fixed punishment for falsely accusing someone of unlawful sexual intercourse. We say, "Come, you and your wife, to the judge." He comes to the judge and says, "My wife committed unlawful sexual intercourse." The judge says, "Provide evidence." He says, "I have no evidence." We ask the wife, "Do you confess to this?" If she confesses, the fixed punishment for unlawful sexual intercourse is carried out against her, and the husband is safe. If she does not confess, we say to the husband, "Then we will flog you with the fixed punishment for falsely accusing someone of unlawful sexual intercourse, or you will perform mutual imprecation." That means either you perform mutual imprecation, or we will flog you with the fixed punishment for falsely accusing someone of unlawful sexual intercourse. He chooses mutual imprecation. He testifies by Allah four times that he is truthful in what he says regarding his wife, and in the fifth time he says, "And the curse of Allah be upon him if he is among the liars."
At that point, either the woman performs mutual imprecation or she refuses. If she refuses, the correct view is that the fixed punishment is carried out against her, because Allah said:
But it will prevent punishment from her if she gives four testimonies [swearing] by Allah
ويدرأ عنها العذاب أن تشهد أربع شهادات باللهAll right, she has the right to avert the fixed punishment by performing mutual imprecation. She says, "I testify by Allah that this man lied to me in what he accused me of regarding unlawful sexual intercourse." And in the fifth time she says, "And the anger of Allah be upon her if he is among the truthful." Do you understand?
She was specifically assigned the anger, which is more severe than the curse, because the husband is closer to the truth than she is. It is very unlikely that a husband would claim what defiles his bed, and it is very likely that she would deny it to avert the disgrace of unlawful sexual intercourse from herself. For this reason, the woman whom the Prophet (peace and blessings be upon him) intended to have perform mutual imprecation with her husband said: "By Allah, I will not disgrace my people for the rest of the day". She would disgrace them with what? With unlawful sexual intercourse.
Since it is unlikely for a husband to claim that his bed has been defiled, he was specifically assigned the curse, which is milder than the anger. And since it is likely for the wife to deny it to avert the disgrace of unlawful sexual intercourse from herself, she was specifically assigned what? The anger.
Once the mutual imprecation is completed, the child remains. We will mention it after the call to prayer, if Allah wills.
We are left with the child who may have been born from unlawful sexual intercourse. If the husband acknowledges him, he is his. If he is silent about him, he is his. If he denies him, he is not his. If he disavows him and says, "This child is not mine," he is not his. To whom does he belong? Ibn 'Umar said:
Attributed the child to the woman
ألحق الولد بالمرأةIt was said that she inherits from him as a mother and as his residuary heir.
The difference becomes clear with an example. This is a woman who performed mutual imprecation regarding her child, and her husband disavowed the child. Then he died, leaving behind a lot of money. Her mother has brothers. Who are they in relation to this child?
They are his maternal uncles. The child died. According to the school of thought, the mother inherits one-third, and her brothers inherit the rest because they are her residuary heirs.
According to the stronger position, the mother inherits one-third as a mother, and the rest as a residuary heir as a father. This is the correct view, and the hadith indicates this:
The woman collects three inheritance: Whomever she freed, whomever she found, and the child for which she made Li'an.
تحوز المرأة ثلاثة مواريث: عتيقها، ولقيطها، وولدها الذي لاعنت عليهAll right, what if her father was alive? According to the stronger position, he does not inherit anything because he is a grandfather. According to the second view, the mother inherits one-third, and the rest goes to the grandfather.