Freeing Slaves (Al-'Itq)

Sahl b. Sa'd al-Sa'idi reported that'Uwaimir al-'Ajlani came to 'Asim b. 'Adi al-Ansari and said to him. Tell me about a person who finds a man with his wife; should he kill him, and be killed In retaliation; or how should he act? 'Asim, ask for me (religious verdict about it) from Allah's Messenger (ﷺ). So 'Asim asked Allah's Messenger (ﷺ) and he did not like this question and he disapproved of it so much that'Asim felt aggrieved at what he had heard from Allah's Messenger (ﷺ). When 'Asim came back to his family, 'Uwaimir came to him and said: 'Asim, what did Allah's Messenger (ﷺ) say to you? 'Asim said to 'Uwaimir: You did not bring something good. Allah's Messenger (ﷺ) did not like this religious verdict that I sought from him. 'Uwaimir said: By Allah, I will not rest until I have asked him about it. 'Uwaimir proceeded until he came to Allah's Messenger (ﷺ) as he was sitting amidst people, and said: Messenger of Allah, tell me about a person who found a man with his wife. Should he kill him, and then you would kill him, or how should he act? Thereupon Allah's Messenger (ﷺ) said: (Verses) have been revealed concerning you and your wife; so go and bring her. Sahl said that they both invoked curses (and further said): I was along with people in the company of Allah's Messenger (ﷺ). And when they had finished, Uwaimir said: Allah's Messenger, I shall have told a lie against her if I keep her (now). So he divorced her with three pronouncements before Allah's Messenger (ﷺ) had commanded him. Ibn Shihab said: Subsequently that was the practice of invokers of curses (al Mutala'inain)

Sahl b. Sa'd reported.. 'Uwaimir al-Ansari (Allah be pleased with him) from Banu'l-'Ajlan came to 'Asim b. 'Adi (Allah be pleased with him) the remaining part of the hadith is the same and it was also reecorded in it: " And subsequebtly the separation became the practice of al-Mutala'inain." And this addition was also made:" She was pregnant and her son was ascribed to her, and it became customary that such (a son) would inherit her and she would inherit him in the share prescribed by Allah for her.

Ibn Shihab narrated about the invokers of curses and the practice of (li'an) based on the authority of Sahl b. Sa'd, of the tribe of Sa'ida. that a person from the Ansar came to Allah's Apostle (ﷺ) and said: Allah's Messenger, tell me about the person who found a man with his wife. The remaining part of the hadith is the same (but) with this addition: They invoked curses in the mosque and I was present there. And he narrated in the hadith: He divorced her with three pronouncements before Allah's Messenger (ﷺ) commanded him (to get separation). He separated from her in the presence of Allah's Apostle (ﷺ), whereupon he said: There is a separation between the invokers of curses.

Sa'id b Jubair reported: I was asked about the invokers of curses during the reign of Mus'ab (b. Zubair) whether they could separate (themselves by this process). He said: I did not understand what to say. So I went to the house of Ibn 'Umar (Allah be pleased with them) in Mecca. I said to his servant: Seek permission for Me. He said that he (Ibn 'Umar) had been taking rest. He (Ibn 'Umar) heard my voice. and said: Are you Ibn Jubair? I said: Yes. He'said: Come in. By Allah, it must be some (great) need which has brought you here at this Hour. So I got in and found him lying on a blanket reclining against a pillow stuffed with fibres of date-palm. I said: O Abu'Abd al-Rahman, should there be separation between the invokers of curses? He said: Hallowed be Allah, yes, The first one who asked about it was so and so. he said: Messenger of Allah, tell me If one of us finds his wife committing adultery: what should he do? If he talks, that is something great, and if he keeps quiet that is also (something great) (which he cannot afford to do). Allah's Prophet (ﷺ) kept quiet (or some time). After some time he (that very person) came to him (Allah's Messenger) and said: I have been involved in that very cage about which I had asked you Allah the Exalted and Majestic then revealed (these) verses of Surah Nur:" Those who accuse their wives" (verse 6), and he (the Holy Prophet) recited them to him and admonished him, and exhorted him and informed him that the torment of the world is less painful than the torment of the Hereafter. He said: No, by Him Who sent you with Truth, I did not tell a lie against her. He (the Holy Prophet) then called her (the wife of that person who had accused her) and admonished her, and exhorted her, and informed her that the torment of this world is less painful than the torment of the Hereafter. She said: No, by Him Who sent thee with Truth, he is a liar. (it was) the man who started the swearing of oath and he swore in the name of Allah four times that he was among the truthful. and at the fifth turn he said: Let there be curse of Allah upon him if he were among the liars. Then the woman was called and she swore four times in the name of Allah that he (her husband) was among the liars, and at the fifth time (she said): Let there be curse upon her if he were among the truthful. He (the Holy Prophet) then effected separation between the two.

A hadith like this is narrated by Ibn Numair with a slight variation of words.

Ibn Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) saying to the invokers of curse: Your account is with Allah. One of you must be a liar. You have now no right over this woman. He said: Messenger of Allah, what about my wealth (dower that I paid her at the time of marriage)? He said: You have no claim to wealth. If you tell the truth, it (dower) is the recompense for your having had the right to intercourse with her, and if you tell a lie against her, it is still more remote from you than she is. Zuhair said in his narration: Sufyan reported to us on the authority of 'Amr that he had heard Sa'id b Jubair saying: I heard Ibn Umar (Allah be pleased with them) saying that Allah's Messenger (ﷺ) had said it.

Ibn 'Umar (Allah be pleased with them) said that Allah's Messenger (ﷺ) effected separation between the two members of Banu al-'Ajlan, and said: Allah knows that one of you is a liar. Is there one to repent among you?

Sa'id b. Jubair reported: I asked Ibn 'Umar (Allah be pleased with them) about invoking curse (li'an), and he narrated Similarly from Allah's Apostle (ﷺ).

Sa'id b. Jubair reported that Mus'ab b. Zubair did not effect separation between the Mutala'inain (invokers of curses). Sa'id said: It was mentioned to 'Abdullah b. Umar (Allah be pleased with them) and he said: Allah's Apostle (ﷺ) effected separation between the two members of Banu al-'Ajlan.

Nafi' reported on the authority of Ibn Umar (Allah be pleased with them) that a person invoked curse on the wife during the lifetime of Allah s Messenger (ﷺ), so he effected separation between them and traced the lineage of the son to his mother.

Ibn 'Umar (Allah be pleased with them) reported: Allah's Messenger (ﷺ) asked a person from the Anger and his wife to invoke curse (upon one another in order to testify to their truthfulness), and then effected separation between them.

A hadith like this has been narrated on the authority of 'Ubaidulah with the same chain of transmitters.

'Abdullah reported: We were on the night of Friday staying in the mosque when a person from the Ansar came there and said: If a person finds hiswoman along with a man, and he speaks about it, you would lash him, and if he kills, you will kill him, and if he keeps quiet he shall have to consume anger. By Allah, I will definitely ask about him from Allah's Mescenger (ﷺ). On the following day he came to Allah's Messenger (ﷺ) and asked him thus: If a man were to find with his wife a man and if he were to talk about it, you would lash him; and if he killed, you would kill him, and if he were to keep quiet. he would consume anger, whereupon he (the Holy Prophet) said: Allah, solve (this problem), and he began to supplicate (before Him), and then the verses pertaining to li'an were revealed:" Those who accuse their wives and have no witnesses except themselves" (xxiv. 6). The person was then put to test according to these verses in the presence of the people. There came he and his wife in the presence of Allah's Messenger (ﷺ), and they invoked curses (in order to testify their claim). The man swore four times in the name of Allah that he was one of the truthful and then invoked curse for the fifth time saying: Let there be curse of Allah upon him if he were among the liars. Then she began to invoke curse. Allah's Messenger (ﷺ) said to her: just wait (and curse after considering over it), but she refused and invoked curse and when she turned away, he (Allah's Apostle) said: It seems that this woman shall give birth to a curly-haired black child, And so she did gave birth to a curly-haired black child.

A hadith like this is narrated on the authority of A'mash.

Muhammad (one of the narrators) reported: I asked Anas b. Malik (Allah be pleased with him) knowing that he had a knowledge of (the case of li'an). He said: Hilal b. Umayya (Allah be pleased with him) accused his wife with the charge of fornication with Sharik b. Sahma, the brother of al-Bara'b Malik from the side of his mother. And he was the first person who invoked curse (li'an) in Islam. He in fact invoked curse upon her. Allah's Messenger (ﷺ) said: See to her if she gives birth to a white-complexioned child having dark hair and bright eyes; he must be the son of Hilal b. Umayya; and if she gives birth to a child with dark eyelids, curly hair and lean shanks, he must be the offspring of Sharik b. Sahma. He said: I was informed that she gave birth to a child having dark eyelids, curly hair and lean shanks.

Ibn Abbas (Allah be pleased with them) reported: Mention was made of li'an in the presence of Allah's Messenger (ﷺ). And Asim b. 'Adi passed a remark about it and then turned away, and a man of his tribe came to him complaining that he had found a man with his wife, whereupon 'Asim said: I have been taken by my words. He took him to Allah's Messenger (ﷺ) and told him about the man whom he had found with his wife and this man was a lean, yellow-coloured man with lank hair, and the person who was accused of committing adultery with her (his wife) had fleshy shanks, with wheat complexion and heavy bulk. Allah's Messenger (ﷺ) said: O Allah, make (this case) manifest. And as she gave birth to a child, whose face resembled that person about whom her husband had made mention that he had found her with, and Allah's Messenger (may peace be, upon him) had asked them to invoke curses. A person said to Ibn 'Abbas (Allah be pleased with him): Is she (that woman) about whom Allah's Messenger (may peace be upen him) (said):" If I were to stone anybody without evidence, I would have stoned her"? Ibn 'Abbas (Allah be pleased with him) said: No, it is not she. That woman was one who openly spread evil in society.

This hadith has been narrated on the authority of Ibn 'Abbas (Allah be pleased with them) through another chain of transmitters with the addition of these words: 'With flesh, and curly tangled hair."

'Abdullah b Shaddad reported that mention was made about the invokers of curses before Ibn 'Abbas (Allah be pleased with them). Ibn Shaddad said: Are these the two about whom Allah's Apostle (ﷺ) said." If I were to stone one without evidence, I would have definitely stoned her"? Ibn Abbas (Allah be pleased with them) said: She is not this woman; but she is the one who (committed adultery) openly.

Abu Huraira (Allah be pleased with him) reported that Sa'd b. 'Ubada al-Ansari said: Messenger of Allah, tell me if a man finds his wife with another person, should he kill him? Allah's Messenger (ﷺ) said: No. Sa'd said: Why not? I swear by Him Who has honored you with the Truth. There upon Allah's Messenger (ﷺ) said: Listen to what your chief says.

Abu Huraira (Allah be pleased with him) reported that Sa'd b. Ubada (Allah be pleased with him) said: Messenger of Allah, if I were to find with my wife a man, should I wait until I bring four witnesses? He said: Yes.

Abu Huraira (Allah be pleased with him) reported that Sa'd b. Ubada (Allah be pleased with him) said: Messenger of Allah, if I were to find with my wife a man, should I not touch him before bringing four witnesses? Allah's Messenger (ﷺ) said: Yes. He said: By no means. By Him Who has sent you with the Truth, I would hasten with my sword to him before that. Allah's Messenger (ﷺ) said: Listen to what your chief says. He is jealous of his honour, I am more jealous than he (is) and God is more jealous than I.

AI-Mughira b. Shu'ba (Allah be pleased with him) reported that Sa'd b. 'Ubada (Allah be pleased with him) said: If I were to see a man with my wife, I would have struck him with the sword, and not with the flat part (side) of it. When Allah's Messenger (ﷺ) heard of that, he said: Are you surprised at Sa'd's jealousy of his honour? By Allah, I am more jealous of my honour than he, and Allah is more jealous than I. Because of His jealousy Allah has prohibited abomination, both open and secret And no person is more jealous of his honour than Allah, and no persons, is more fond of accepting an excuse than Allah, on account of which He has sent messengers, announcers of glad tidings and warners; and no one is more fond of praise than Allah on account of which Allah has promised Paradise.

A hadith like this has been transmitted on the authority, of 'Abd al-Malik b. Umair with the same chain of narraters but with a slight change of words.

Abu Huraira (Allah be pleased with him) reported: There came a person to the Prophet (may peace he upon him) ) from Banu Fazara and said: My wife has given birth to a child who is black, whereupon Allah's Apostle (ﷺ) said: Have you any camels? He said: Yes. He again said: What is this colour? He said: They are red. He said: Is there a dusky one among them? He said: Yes, there are dusky ones among them He said: How has it come about? He said: It is perhaps the strain to which it has reverted, whereupon he (the Holy Prophet) said: It is perhaps the strain to which he (the child) has reverted.

This hadith has been narrated on the authority of Zuhri with the same chain of transmitters. In the hadith transmitted on the authority of Ma'mar, the (words are): " Messenger of Allah, my wife has given birth to a dark-complexioned boy, and he at that time was intending to disown him." And this addition has been made at the end of the hadith:" He (the Holy Prophet) did not permit him to disown him."

Abu Huraira (Allah be pleased with him) reported: A desert Arab came to Allah's Messenger (ﷺ) and said: My wife has given birth to a dark-complexioned child and I have disowned him. Thereupon Allah's Apostle (ﷺ) said: Have you any camels? He said: Yes. He said: What is their colour? He said? They are red. He said: Is there anyone dusky among them? He said: Yes. Allah's Messenger (ﷺ) said: How has it come about? He said: Messenger of Allah, it is perhaps due to the strain to which it has reverted, whereupon the Prophet (ﷺ) said: It (the birth) of the black child may be due to the strain to which he (the child) might have reverted.

A hadith like this has been narrated on the authority of Abu Huraira (Allah be pleased with him) through another chain of transmitters.