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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The benefits derived from His saying, the Exalted: "And those who throw [the charge of] adultery at their wives and have no witnesses except themselves, then the testimony of one of them is four testimonies by Allah"

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First, it is derived from these verses the wisdom in Allah's legislation in the Shari'ah, the wisdom in legislation. This verse is an exception in its ruling from His saying, the Exalted:
And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient, وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا وَأُوْلَئِكَ هُمُ الْفَاسِقُونَ
[Surat al-Nur: 4]. If this verse had remained as it is, the husband would have been obligated to be flogged. The verse
And those who accuse their wives [of adultery] and have no witnesses except themselves والذين يرمون أزواجهم ولم يكن لهم شهداء إلا أنفسهم
[An-Nur 24:6]
contains this wisdom in legislation, where the husbands were singled out with this ruling from the ruling of those who accuse chaste women of adultery, or not? What type of specification is this type of specification? Is it connected or disconnected? Come on, you students of usul al-fiqh, you who want to start with al-Rawdah, a group wants to start with al-Rawdah and they do not know whether the specification is connected or disconnected?
The student: ...

The Shaykh : No, no, from usul al-fiqh, what is connected specification?
The student: ...
The Shaykh : ...Okay, by what means? What are its means? It is by exception, by attribute, and by condition.
(2) Indeed, mankind is in loss, (3) Except for those who have believed and done righteous deeds and advised each other to truth and advised each other to patience. إن الإنسان لفي خسر إلا الذين
[Al-'Asr 103:2-3]
The attribute: "I honor the diligent student." Its specification by the attribute is connected. The condition: "I honor the student if he is diligent." He decided on al-Rawdat al-Nazir if they know usul al-fiqh. Okay, is this type we have one of these three? No, because it is an independent verse. So the specification is therefore disconnected. This verse specified the generality of His saying, the Exalted:
And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient, وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا وَأُوْلَئِكَ هُمُ الْفَاسِقُونَ
[Surat al-Nur: 4], because if that verse had remained in its generality, the husband who accuses his wife of adultery would be subject to the three previous rulings. But the husband was singled out from others with this ruling. So this verse, or the specification of the husbands from the generality of His saying, the Exalted:
And those who accuse chaste women والذين يرمون المحصنات
[An-Nur 24:4]
, this was specified by a disconnected specifier because it is an independent text.
Okay, what is the wisdom of singling out the husbands with this ruling and not the other accusers? We said that this is from the wisdom of legislation. What is the wisdom? The wisdom is that a husband cannot accuse his wife of adultery unless the matter is as he says, right? Because his wife's adultery is a disgrace upon him, because she is his harvest. So if he accuses her of adultery, the matter becomes severe and great, because this causes doubt about his children among people and causes disgrace upon him, where it is said, "This man is a *diwth* (one who tolerates immorality in his household); he tolerated the immorality in his home." Because souls say, "Right? It is not the first time he stumbled; he is not aware in the second and third time, and the like of that." Because adultery usually does not happen openly; it happens secretly, and the secret does not appear in the first time. So when the wife's adultery is a disgrace upon the husband, it became impossible for him to accuse his wife of adultery unless the matter is as mentioned. And for this reason, he was singled out from among the other accusers with this ruling: that his accusation is considered a throwing of the charge, or not? It is considered testimony.
The fourth benefit is that li'an is not valid if he accuses a non-relative woman and then marries her. That is to say, if he accuses a non-relative woman and then marries her, there is no li'an. Where is this taken from? From His saying:
they accuse their wives يرمون أزواجهم
. So if he accuses a non-relative woman and then marries her, there is no li'an between them, and he is only flogged for the accusation.
Fifth, the generality of the verse
their wives أزواجهم
includes what is before intercourse and what is after intercourse. So if he contracted marriage with a woman and then accused her of adultery, li'an is carried out between them because she is his wife. Listing the benefits... because I forget.
It also includes that accusing someone other than the wife, even if it is the mother or the daughter or the sister, whom his disgrace attaches to, is not like accusing the wife. In the sense that if a man accuses the closest people to him of adultery, what is applied to him? The hadd of accusation, the three previous ones, unlike the husband. And the aspect of that is what was previously indicated regarding the wisdom.
And from the benefits is that the substitute is given the ruling of the thing it substitutes. So when the proof for adultery is four witnesses, and the husband who accuses his wife of adultery is considered a witness, and personal multiplication is impossible for him, the multiplication was made in the testimony itself. So this is an affirmation of the famous, known rule that the substitute has the ruling of the thing it substitutes. So when the testimony of the man is in the position of the husband's testimony against his wife regarding adultery, in the position of the man's testimony, its repetition is in the position of the repetition of men and the multiplication of witnesses.
And from the benefits is the magnification of this matter such that mere testimony is not sufficient in it. No, it is necessary for testimony accompanied by what? By an oath. Testimony accompanied by an oath, where he says, "I testify by Allah."
And in it is also the obligation of coupling this confirmed testimony with the oath. The obligation of coupling it in the fifth with what? With the curse for the husband and with the anger for the wife.
And from the benefits is that it is obligatory for the husband to start with the li'an. What is the evidence?
And the testimony of one of them فشهادة أحدهم
. Then he said:
But it will prevent punishment from her if she gives ويدرأ عنها العذاب أن تشهد
[An-Nur 24:8]
. And the punishment for her is not completed except if the husband testifies. The implication of this from the side of the evidence, from the side of reasoning, is that the husband is the claimant in reality. And which one starts with it, the claimant or the denier? The one who is asked to prove the ruling of the claim, the claimant, is the one who is said, "Bring your proof." If no proof is found, we return to the denier, to the defendant. So in any case, among the benefits is that it is obligatory to start with the husband's testimonies. The evidence from the verse is that when he said, "The testimony of one of them," he said, "And the punishment for her is averted." And the punishment is not completed except by the husband's testimony. This is from the side of the report or the evidence. From the side of reasoning, the husband is in the position of the claimant, and the claimant is the one who is first asked to prove the claim.
And in it is also among its benefits that it is necessary to confirm the testimony with "in" and "lam" along with the previous oath, due to His saying:
and indeed, he is of the truthful. إنه لمن الصادقين
[Yusuf 12:51]
. So if he says, "I testify by Allah that I am truthful," it is not sufficient. It is necessary to bring the "lam" because the "lam" provides additional confirmation and strengthening, so it is necessary to bring it.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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