'Uwaimir Al-Ajlani came to `Asim bin Ad Al-Ansari and said to him, "O `Asim! Suppose a man saw another man with his wife, would he kill him whereupon you would kill him; or what should he do? Please, O `Asim, ask about this on my behalf." `Asim asked Allah's Messenger (ﷺ) about it. Allah's Messenger (ﷺ), disliked that question and considered it disgraceful. What `Asim heard from Allah's Messenger (ﷺ) was hard on him. When `Asim returned to his family, 'Uwaimir came to him and said, "O `Asim! What did Allah's Messenger (ﷺ). say to you?" `Asim said to 'Uwaimir, "You never bring me any good. Allah's Messenger (ﷺ) disliked the problem which I asked him about." 'Uwaimir said, "By Allah, I will not give up this matter until I ask the Prophet (ﷺ) about it." So 'Uwaimir proceeded till he came to Allah's Messenger (ﷺ) in the midst of people, and said, "O Allah's Messenger (ﷺ)! If a man sees another man with his wife, would he kill him, whereupon you would kill him, or what should he do?" Allah's Messenger (ﷺ) said, "Allah has revealed some decree as regards you and your wives case. Go and bring her." So they carried out the process of Lian while I was present among the people with Allah's Messenger (ﷺ). When they had finished their Lian, 'Uwaimir said, "O Allah's Messenger (ﷺ)! If I should now keep her with me as a wife, then I have told a lie." So he divorced her thrice before Allah's Messenger (ﷺ) ordered him. (Ibn Shihab said: So divorce was the tradition for all those who were involved in a case of Lian.)
Divorce - Sahih al-Bukhari 5308
This narration from Sahih al-Bukhari concerns the legal procedure of Li'an (mutual imprecation) prescribed in Islam for cases of spousal accusation without witnesses.
The Question of 'Uwaimir
'Uwaimir Al-Ajlani approached 'Asim bin Ad Al-Ansari with a delicate question regarding a man who witnesses another man with his wife. The query concerned whether the husband should kill the man, potentially facing retaliation, or what alternative course of action he should take.
'Asim conveyed this question to the Prophet Muhammad (ﷺ), who initially disliked the question, considering it disgraceful. The Prophet's response was stern, causing 'Asim distress.
Divine Revelation and Li'an Procedure
Undeterred, 'Uwaimir directly approached the Prophet (ﷺ) and repeated his question. In response, Allah revealed specific guidance for such situations.
The Prophet instructed 'Uwaimir to bring his wife and prescribed the procedure of Li'an - a solemn oath-taking process where both spouses swear before Allah, with the husband accusing his wife of adultery and the wife denying it.
Legal Consequences and Scholarly Commentary
After completing the Li'an procedure, 'Uwaimir declared he could not keep his wife, as that would mean he had lied in his oath. He immediately pronounced divorce three times.
The narrator Ibn Shihab clarifies that divorce became the established precedent for all cases involving Li'an. This ruling serves to permanently separate spouses when such grave accusations are made, preventing further discord while upholding the sanctity of oaths sworn in Allah's name.
Classical scholars explain that Li'an serves as a merciful alternative to capital punishment when evidence is lacking, allowing couples to separate while leaving final judgment to Allah.