The benefits derived from the saying of Allah the Exalted: << و لولا فضل الله عليكم ورحمته و أن الله تواب رحيم >
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It also contains an explanation of Allah’s favor and mercy toward His servants through both the Shari'ah and divine decree, as He said: [An-Nisa 4:83] This relates to both the Shari'ah and divine decree. As for the Shari'ah, had Allah not favored us, shown us mercy, and legislated for husbands what He legislated of li'an (mutual oath-swearing in an accusation of adultery), the husband would have fallen into a great difficulty... because if he speaks, what do we do for him? The hadd (fixed punishment) for falsely accusing someone of zina (unlawful sexual intercourse) would be carried out against him. And if he remains silent, he remains silent about a great matter. But out of Allah’s mercy, He legislated li'an, and this is a favor and mercy in the Shari'ah. Likewise, in terms of divine decree regarding the case of those who have performed li'an, which the author indicated, the meaning is that Allah, Glorified and Exalted is He, loves to cover up the exposure of the woman, and He revealed a verse indicating the truth of the husband, or the opposite if the husband was lying. But out of Allah’s mercy, Allah, Glorified and Exalted is He, covers up such matters for His servants in this world, and then He will reward them for them in the Hereafter.
Now, in this verse, along with mentioning the ruling on falsely accusing a man, if the husband specifically named him, saying, "So-and-so committed zina with her," would he be punished with the hadd for falsely accusing So-and-so, since he is not her husband, of course? Or do we say that li'an applies because the zina is between the two of them, and Allah the Exalted made the husband’s testimonies equivalent to establishing clear proof, but this applies to the wife, not to the one he falsely accused of it? And this would be free from the hadd, and he would not have the right to establish the hadd of false accusation against the husband. Or do we say that this false accusation necessitates li'an regarding the wife and necessitates the hadd regarding the outsider?
If he said, "So-and-so, son of So-and-so, says this woman committed zina with So-and-so."
The student: Four testimonies...
The Shaykh : The outsider is not punished with the hadd for zina if the husband performs li'an, but is the husband punished with the hadd for falsely accusing the man, or is he not punished? That is the question.
The student: He is punished...
The Shaykh : In any case, the hadith is that Hilal ibn Umayyah falsely accused his wife of having committed zina with Sharik ibn Sahman, so he named the man who committed zina with her, and the Prophet (peace and blessings be upon him) did not punish him with the hadd for false accusation. Therefore, the correct opinion among the scholars is that one is not punished with the hadd for falsely accusing a man, even if he names him. However, it is not recommended to falsely accuse her of a specific person in order not to defile his honor, because the matter is not established by witnesses. It is better to say that she committed zina without naming anyone. But if he names him, the Sunnah indicates that the man is not punished with the hadd for it. The reason for this is what Muhammad ibn Isma'il indicated, whether intentionally or unintentionally, or a shot from one who does not aim, which is that the original intent here and the target of the false accusation is the outsider, or the wife? The wife. And he named the man only to further establish the false accusation against the wife. That is, he did not say, "So-and-so committed zina with my wife," intending to defile the man. That is actually the issue: to defend my wife, yes, or to get rid of her, for example. Therefore, this is, Allah knows best, the wisdom behind why he was not punished. But those who consider the meaning say that the previous verse indicates that accusing someone of zina necessitates the hadd, and this verse indicates that accusing a woman of zina necessitates li'an. So the verse there remains indicating its generality, and this one is specific regarding the wife. But the Sunnah is the deciding factor, and the Prophet (peace and blessings be upon him) did not punish the man who falsely accused his wife of having committed zina with Sharik ibn Sahman. But those who say he is punished must answer this by saying, "Who said that Sharik ibn Sahman demanded his right?" And the hadd for false accusation is not obligatory except by demand. But we say in response to this that the issue of establishing the hadd for false accusation not being obligatory except by demand is a matter of consideration, because the generality of the verse[An-Nur 24:4] does not restrict it to demand. And that this is a personal right of the one falsely accused is also a matter of consideration and not established, because defiling the honor of Muslims is not a personal right; in reality, it relates to what? To the general Muslim community... Therefore, I lean toward the view that the hadd for false accusation is obligatory even if the one falsely accused does not demand it, as long as it is established, even if the one falsely accused is negligent... and does not want to defend his honor and remains silent. We say, no, the Muslims are the ones who defend his honor, and the hadd is carried out against him.
Now, in this verse, there is also the establishment of causes and preventers, from His saying:[An-Nisa 4:83] So this verse contains a preventer and a cause. The cause, yes, the cause is the sins and the errors we are upon, and the preventer that prevents from the punishment is Allah’s favor and mercy.
And in it is also the establishment of al-Tawwab (the One who repeatedly accepts repentance) as one of the names of Allah, from His saying:[An-Nur 24:10]
And the establishment of al-Hakim (the Wise) as one of the names of Allah. Al-Hakim, as we indicated at the beginning, includes the meaning of judgment and wisdom. Judgment is cosmic and legislative, and wisdom is in creation and form. And these, these three things in wisdom, we said in the cosmic judgment and the legislative judgment. Yes, my... what is your question?
And if not for the favor of Allah upon you and His mercy
ولولا فضل الله عليكم ورحمتهNow, in this verse, along with mentioning the ruling on falsely accusing a man, if the husband specifically named him, saying, "So-and-so committed zina with her," would he be punished with the hadd for falsely accusing So-and-so, since he is not her husband, of course? Or do we say that li'an applies because the zina is between the two of them, and Allah the Exalted made the husband’s testimonies equivalent to establishing clear proof, but this applies to the wife, not to the one he falsely accused of it? And this would be free from the hadd, and he would not have the right to establish the hadd of false accusation against the husband. Or do we say that this false accusation necessitates li'an regarding the wife and necessitates the hadd regarding the outsider?
If he said, "So-and-so, son of So-and-so, says this woman committed zina with So-and-so."
The student: Four testimonies...
The Shaykh : The outsider is not punished with the hadd for zina if the husband performs li'an, but is the husband punished with the hadd for falsely accusing the man, or is he not punished? That is the question.
The student: He is punished...
The Shaykh : In any case, the hadith is that Hilal ibn Umayyah falsely accused his wife of having committed zina with Sharik ibn Sahman, so he named the man who committed zina with her, and the Prophet (peace and blessings be upon him) did not punish him with the hadd for false accusation. Therefore, the correct opinion among the scholars is that one is not punished with the hadd for falsely accusing a man, even if he names him. However, it is not recommended to falsely accuse her of a specific person in order not to defile his honor, because the matter is not established by witnesses. It is better to say that she committed zina without naming anyone. But if he names him, the Sunnah indicates that the man is not punished with the hadd for it. The reason for this is what Muhammad ibn Isma'il indicated, whether intentionally or unintentionally, or a shot from one who does not aim, which is that the original intent here and the target of the false accusation is the outsider, or the wife? The wife. And he named the man only to further establish the false accusation against the wife. That is, he did not say, "So-and-so committed zina with my wife," intending to defile the man. That is actually the issue: to defend my wife, yes, or to get rid of her, for example. Therefore, this is, Allah knows best, the wisdom behind why he was not punished. But those who consider the meaning say that the previous verse indicates that accusing someone of zina necessitates the hadd, and this verse indicates that accusing a woman of zina necessitates li'an. So the verse there remains indicating its generality, and this one is specific regarding the wife. But the Sunnah is the deciding factor, and the Prophet (peace and blessings be upon him) did not punish the man who falsely accused his wife of having committed zina with Sharik ibn Sahman. But those who say he is punished must answer this by saying, "Who said that Sharik ibn Sahman demanded his right?" And the hadd for false accusation is not obligatory except by demand. But we say in response to this that the issue of establishing the hadd for false accusation not being obligatory except by demand is a matter of consideration, because the generality of the verse
And those who accuse chaste women and then do not produce four witnesses
والذين يرمون المحصنات ثم لم يأتوا بأربعة شهداءNow, in this verse, there is also the establishment of causes and preventers, from His saying:
And if not for the favor of Allah upon you and His mercy
ولولا فضل الله عليكم ورحمتهAnd in it is also the establishment of al-Tawwab (the One who repeatedly accepts repentance) as one of the names of Allah, from His saying:
because Allah is Accepting of repentance
وأن الله توابAnd the establishment of al-Hakim (the Wise) as one of the names of Allah. Al-Hakim, as we indicated at the beginning, includes the meaning of judgment and wisdom. Judgment is cosmic and legislative, and wisdom is in creation and form. And these, these three things in wisdom, we said in the cosmic judgment and the legislative judgment. Yes, my... what is your question?