I said to Ibn `Umar, "If a man accuses his wife of illegal sexual intercourse (what is the judgment)?" He said, "Allah's Prophet separated the couple of Bani 'Ajlan (when the husband accused his wife for an illegal sexual intercourse). The Prophet (ﷺ) said, 'Allah knows that one of you two IS a liar; so will one of you repent?' But they refused. He then again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But they refused, whereupon he separated them by divorce." Aiyub (a subnarrator) said: `Amr bin Dinar said to me, "In the narration there is something which I do not see you mentioning, i.e. the husband said, "What about my money (Mahr)?' The Prophet (ﷺ) said, "You are not entitled to take back money, for if you told the truth you have already entered upon her (and consummated your marriage with her) and if you are a liar then you are less entitled to take it back.
Tafsir of Hadith on Li'an (Mutual Cursing)
This narration from Sahih al-Bukhari 5349 concerns the Islamic legal procedure known as Li'an, prescribed when a husband accuses his wife of adultery without producing four witnesses. The procedure involves mutual swearing with specific invocations before a judge.
Legal Ruling on False Accusation
The Prophet's separation of the Bani 'Ajlan couple establishes that when mutual cursing occurs without confession, the marriage becomes permanently invalid. The spouses are forbidden to each other forever, as their oaths have created an insurmountable barrier.
The husband's inquiry about retrieving the mahr (dower) demonstrates that financial matters remain relevant even in such grave circumstances. The Prophet's response establishes a crucial legal principle: truth-tellers consummated marriage rights, while liars forfeit financial claims due to their false accusation (qadhf).
Scholarly Commentary
Classical scholars explain that Li'an serves as both a legal dissolution and spiritual protection. The five-fold oaths (four for the husband, one for the wife) invoke Allah's curse upon the liar, deterring false accusations while providing an outlet when witnesses are unavailable.
The prohibition against reclaiming mahr aligns with Quranic injunctions regarding false accusers. This ruling preserves the wife's financial rights while penalizing the husband for either adultery (if truthful) or slander (if false), thus maintaining balance in Islamic family law.