I asked Ibn `Umar, "(What is the verdict if) a man accuses his wife of illegal sexual intercourse?" Ibn `Umar said, "The Prophet (ﷺ) separated (by divorce) the couple of Bani Al-Ajlan, and said, (to them), 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. He again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. So he separated them by divorce." (Aiyub, a sub-narrator said: `Amr bin Dinar said to me, "There is something else in this Hadith which you have not mentioned. It goes thus: The man said, 'What about my money (i.e. the Mahr that I have given to my wife)?' It was said, 'You have no right to restore any money, for if you have spoken the truth (as regards the accusation), you have also consummated your marriage with her; and if you have told a lie, you are less rightful to have your money back.' ")
The Case of Bani Al-Ajlan
This narration from Sahih al-Bukhari 5311 concerns the grave matter of li'an (mutual imprecation) when a husband accuses his wife of zina without producing four witnesses. The Prophet (ﷺ) separated the couple through irrevocable divorce, demonstrating that such accusations without proof destroy marital bonds.
Scholarly Commentary on Li'an Procedure
The Prophet's repeated questioning - "Allah knows that one of you two is a liar; so will one of you repent?" - emphasizes the severity of false oaths before Allah. This repetition allows for reflection and retraction, showing divine mercy even in this serious matter.
Both parties' refusal to repent indicates their persistence in their positions, leaving the matter to Allah's knowledge. The separation becomes necessary to prevent further sin and conflict.
Financial Ruling on Mahr
The additional narration clarifies the ruling on mahr: the husband cannot reclaim it. If he spoke truthfully about the accusation, he has already consummated the marriage and thus the mahr is rightfully the wife's. If he lied, he is even less deserving of restitution due to his false accusation.
This ruling protects women from financial exploitation through false accusations and serves as a deterrent against making unsubstantiated claims of infidelity.
Legal and Moral Implications
This hadith establishes that mutual imprecation results in permanent separation, preventing the couple from ever remarrying. The children born from such a union are attributed to the mother, protecting their lineage and rights.
The procedure serves as both a legal remedy and a powerful spiritual deterrent, reminding believers of the gravity of oaths sworn in Allah's name and the severe consequences of false testimony in matters of honor.