Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim
Tahqiq, Takhrij, Sharh
Muhadith Zubair Ali Zai
Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari
The Explanation of Li’ann
Sahl Ibnu Sa’d as-Saae’dee: One hadeeth
[No.6] From Maalik from Ibn Shihaab that Sahl Ibn Sa’d as-Saae’dee told him that Uwaymir al-Ajlanee (RadhiAllaahu Anhu) came to Asim Ibn Adee al-Ansari (RadhiAllaahu Anhu) and said to him, “Asim! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should he do? Asim! Ask the Messenger of Allah (Sallalahu Alayhee Was-Sallam) about that for me.” Asim asked the Messenger of Allah (Sallalahu Alayhee Was-Sallam) about it. The Messenger of Allah, (Sallalahu Alayhee Was-Sallam) was revolted by the questions and reproved them until what he heard from the Messenger of Allah (Sallalahu Alayhee Was-Sallam) was intolerable for Asim. When Asim returned to his people, Uwaymir came to him and said, “Asim! What did the Messenger of Allah (Sallalahu Alayhee Was-Sallam) say to you?” Asim said to Uwaymir, “You didn’t bring me any good. The Messenger of Allah (Sallalahu Alayhee Was-Sallam) was revolted by the question which I asked him.” Uwaymir said, “By Allah! I will not stop until I ask him about it!” Uwaymir stood up and went to the Messenger of Allah (Sallalahu Alayhee Was-Sallam) in the middle of the people and said, “Messenger of Allah! (Sallalahu Alayhee Was-Sallam) What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should he do?” The Messenger of Allah (Sallalahu Alayhee Was-Sallam) said, “Something has been sent down about you and your wife, so go and bring her.” Sahl continued, “They mutually cursed one another in the presence of the Messenger (Sallalahu Alayhee Was-Sallam) and I was present with the people. When they finished cursing each other, Uwaymir said, ‘I shall have lied about her, Messenger of Allah (Sallalahu Alayhee Was-Sallam), if I keep her,’ and pronounced the divorce three times before the Messenger of Allah (Sallalahu Alayhee Was-Sallam) ordered him to do it.”
Ibn Shihaab said, “That was how the Sunnah of a couple mutually cursing each other was established (li’aan).”
[GRADING] – [ITS CHAIN IS SAHEEH]
[REFERENCES] – [AGREED UPON]
Al-Muwatta (Yahya’s narration (2/566 hadeeth no.1232, book 29, chapter 13 (Trans Note: the English translation by A’isha `Abdarahman at-Tarjumana and Ya`qub Johnson says chapter 12) hadeeth no.34) at-Tamheed (6/183-185) and al-Istidhkaar (no.1152)
Transmitted by Bukharee (no.5259) and Muslim (no.1492) from the hadeeth of Maalik.
[UNDERSTANDING FROM THE HADEETH]
1) Li’aan in the Sharee’ah is when the husband takes 4 oaths that I am attributing zina to my wife meaning I am truthful in accusing her of zina and the fifth oath is that if he is a liar in alleging this then he is deserving of the curse of Allah, then the wife takes 4 oaths in saying that the husband is lying and the 5th oath should be that if the husband is truthful then the wife is deserving of Allah’s anger and by saying this she will be free from the punishment of Zina. (al-Qamoos ul-Waheed pg.1478)
2) The command of Li’aan has been revealed in the Majestic Qur’aan in Surah Noor. (Ayaat 6-7)
3) It is clearly known from this hadeeth that after Li’aan that the husband and wife don’t automatically separate, rather they separate after the divorce. Imam Bukharee says, al-Li’aan, and divorce after the process of Li’aan. (book of divorce chapter: 29 before hadeeth (no.5308)
4) You should not be shy in asking about issues that are really serious and asking about issues that are not really serious meaning that they are hypothetical (fictitious, imaginary) should always be avoided.
5) After the Li’aan, unless there is a valid proof legislated in the Sharee’ah, there will be no punishment issued on the (2) parties (husband and wife).
At the end of the hadeeth it is stated that Uwaymir (radiyallaahu ‘anh) pronounced divorce three times upon his wife. If I am not mistaken then he did this in a single sitting and in the presence of the Prophet (sallallaahu ‘alayhi wa sallam). Does that then validate this practice (of thrice divorcing in one go) since I assume the divorce was finalized as a result and the Prophet (sallallaahu ‘alayhi wa sallam) witnessed it without objecting to it (or is it restricted to this particular situation i.e adultery)?