Hilal bin Umaiyya accused his wife of illegal sexual intercourse and came to the Prophet (ﷺ) to bear witness (against her), (taking the oath of Lian). The Prophet (ﷺ) was saying, "Allah knows that either of you is a liar. Will anyone of you repent (to Allah)?" Then the lady got up and gave her witness.
The Case of Li'ān (Mutual Cursing)
This narration from Sahih al-Bukhari 5307 concerns the Islamic legal procedure known as Li'ān, prescribed when a husband accuses his wife of adultery without producing four witnesses. The procedure allows both parties to swear oaths invoking Allah's curse upon themselves if they are lying.
Scholarly Commentary on the Procedure
Hilal bin Umaiyya's case demonstrates the gravity of such accusations in Islamic law. The Prophet's statement "Allah knows that either of you is a liar" serves as a solemn reminder that while human courts may not ascertain the truth, divine knowledge encompasses all matters.
The Prophet's question "Will anyone of you repent?" reflects the Islamic emphasis on spiritual rectification and the opportunity for confession before the formal procedure concludes. This mercy is extended even at the final moment.
Legal Consequences and Wisdom
When both parties complete the Li'ān procedure, the marriage is irrevocably dissolved without the husband being liable for hadd punishment for false accusation (qadhf), nor the wife receiving punishment for adultery. This divine legislation protects society from unproven allegations while preserving the sanctity of marriage.
The wife's willingness to participate demonstrates the gravity of the Islamic oath system, where believers would rather accept marital dissolution than swear falsely by Allah's name.