Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-10a
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The reciter: Abdullah ibn Yusuf narrated to us, al-Layth narrated to us, Yahya ibn Sa'id narrated to us, from Abd al-Rahman ibn al-Qasim, from al-Qasim ibn Muhammad, from Ibn Abbas (may Allah be pleased with them both):
The Shaykh : I say first that we must know what li'an or mutual li'an means.
Li'an is the verbal noun of la'ana, yula'ina, mulaa'ana. Its cause is that a man accuses his wife of zina, may Allah protect us from that, saying, "My wife committed zina." Generally, a man does not accuse his wife of this unless he is truthful, because this corrupts his bed and confuses his lineage, so a husband would not bring this accusation unless he is truthful. In that case, either he establishes proof or the woman confesses. If he establishes proof or the woman confesses, the hadd is obligatory upon the woman. If he does not establish proof and the woman does not confess, it is obligatory that he be flogged eighty lashes because he accused a chaste woman, unless he chooses li'an. So now, if he accuses his wife of zina, what do we say? "Bring proof." He says, "I have no proof." We ask the woman; if she confesses, it is settled and the hadd is carried out on her. If she denies it, we say to him, "There is a hadd on your back, or li'an: we will flog you eighty lashes, or you perform li'an." He says, "I will perform li'an." Li'an is that he says, "I bear witness by Allah that this my wife committed zina," four times. In the fifth, he says, "And the curse of Allah is upon me if I am among the liars." He uses the first-person pronoun, which is "upon me," if he is among the liars. Then, when he performs li'an, either she refuses li'an, in which case the hadd is carried out on her according to the correct opinion, or she performs li'an, returning the li'an:[An-Nur 24:8-9] The wrath is more severe than the curse. Why? Because his statement is closer to the truth. In this situation, when the husband performs li'an, it is obligatory or recommended for the judge to say, "Fear Allah," and to admonish them and explain that this is serious. If they proceed with this, they have proceeded with it. Now, when li'an occurs, the following results from li'an:
First: separation between them, so she is not lawful for him ever. She becomes one of the permanently forbidden to him, and is he forbidden to her or not? No, because the cause of the prohibition here is not permissible, so she is not forbidden to him, but she is forbidden to him permanently.
Second: the lifting of the hadd of qadhf from the husband.
Third: the lifting of the hadd of zina from her.
Does the child belong to the husband or to the one she was accused with? It belongs to the husband because it is for the bed, unless it is negated from him. He says, "And her pregnancy is not mine." If he says that, it is negated, and it is not his child. As for the hadiths that the author cited, they point to two cases:
The first case is a woman who corrupted her appearance among the people, it is known that she is a prostitute, but the Prophet (peace and blessings be upon him) did not carry out the hadd on her and did not stone her because proof was not established against her. The second case is the case of li'an. The Prophet (peace and blessings be upon him) said: meaning, wait, So she brought the child with the disliked description, not resembling the husband, but resembling the one she was accused with. But the Messenger (peace and blessings be upon him) did not carry out the hadd on her. Why? Because the negation of the hadd from her was completed by the requirement of the Shari'ah. For this reason, he (peace and blessings be upon him) said: Sunan Abi Dawud 2254Sahih (Al-Albani) meaning, from the execution of li'an and the conclusion of the case , look at the first phrase: "That is a woman who declared..."
The two who performed li'an were mentioned before the Prophet (peace and blessings be upon him), so Asim ibn Adi spoke about it, then he left. A man from his tribe came to him complaining that he had found a man with his wife. Asim said, "I was not afflicted with this except because of my words." He took him to the Prophet (peace and blessings be upon him) and informed him of what he had found regarding his wife. The man was yellowish, thin, and had long hair. The one who accused him of being found with his wife was dark, short, and thick-bodied. The Prophet (peace and blessings be upon him) said, "O Allah, make it clear." She gave birth to a child resembling the man her husband said he had found with her. The Prophet (peace and blessings be upon him) performed li'an between them. A man said to Ibn Abbas in the gathering, "Is she the one about whom the Prophet (peace and blessings be upon him) said, 'If I were to stone anyone without proof, I would stone her'?" He said, "No, that was a woman who displayed evil in Islam."
ذكر المتلاعنان عند النبي صلى الله عليه وسلم، فقال عاصم بن عدي في ذلك قولا ثم انصرف، وأتاه رجل من قومه يشكو أنه وجد مع أهله رجلا، فقال عاصم: ما ابتليت بهذا إلا لقولي ، فذهب به إلى النبي صلى الله عليه وسلم فأخبره بالذي وجد عليه امرأته ، وكان ذلك الرجل مصفرا قليل اللحم سبط الشعر ، وكان الذي ادعى عليه أنه وجده عند أهله آدم خدلا ، كثير اللحم ، فقال النبي صلى الله عليه سلم : اللهم بين ، فوضعت شبيها بالرجل الذي ذكر زوجها أنه وجده عندها ، فلاعن النبي صلى الله عليه وسلم بينهما ، فقال رجل لابن عباس في المجلس : هي التي قال النبي صلى الله عليه وسلم: لو رجمت أحدا بغير بينة رجمت هذه ، فقال : لا ، تلك امرأة كانت تظهر في الإسلام السوءThe Shaykh : I say first that we must know what li'an or mutual li'an means.
Li'an is the verbal noun of la'ana, yula'ina, mulaa'ana. Its cause is that a man accuses his wife of zina, may Allah protect us from that, saying, "My wife committed zina." Generally, a man does not accuse his wife of this unless he is truthful, because this corrupts his bed and confuses his lineage, so a husband would not bring this accusation unless he is truthful. In that case, either he establishes proof or the woman confesses. If he establishes proof or the woman confesses, the hadd is obligatory upon the woman. If he does not establish proof and the woman does not confess, it is obligatory that he be flogged eighty lashes because he accused a chaste woman, unless he chooses li'an. So now, if he accuses his wife of zina, what do we say? "Bring proof." He says, "I have no proof." We ask the woman; if she confesses, it is settled and the hadd is carried out on her. If she denies it, we say to him, "There is a hadd on your back, or li'an: we will flog you eighty lashes, or you perform li'an." He says, "I will perform li'an." Li'an is that he says, "I bear witness by Allah that this my wife committed zina," four times. In the fifth, he says, "And the curse of Allah is upon me if I am among the liars." He uses the first-person pronoun, which is "upon me," if he is among the liars. Then, when he performs li'an, either she refuses li'an, in which case the hadd is carried out on her according to the correct opinion, or she performs li'an, returning the li'an:
(8) But it will prevent punishment from her if she gives four testimonies [swearing] by Allah that indeed, he is of the liars. (9) And the fifth [oath will be] that the wrath of Allah be upon her if he was of the truthful.
ويدرأ عنها العذاب أن تشهد أربع شهادات بالله إنه لمن الكاذبين والخامسة أن غضب الله عليها إن كان من الصادقينFirst: separation between them, so she is not lawful for him ever. She becomes one of the permanently forbidden to him, and is he forbidden to her or not? No, because the cause of the prohibition here is not permissible, so she is not forbidden to him, but she is forbidden to him permanently.
Second: the lifting of the hadd of qadhf from the husband.
Third: the lifting of the hadd of zina from her.
Does the child belong to the husband or to the one she was accused with? It belongs to the husband because it is for the bed, unless it is negated from him. He says, "And her pregnancy is not mine." If he says that, it is negated, and it is not his child. As for the hadiths that the author cited, they point to two cases:
The first case is a woman who corrupted her appearance among the people, it is known that she is a prostitute, but the Prophet (peace and blessings be upon him) did not carry out the hadd on her and did not stone her because proof was not established against her. The second case is the case of li'an. The Prophet (peace and blessings be upon him) said: