The Book of Invoking Curses
كتاب اللعان
Chapter 1
'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)
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.
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.
I asked Ibn 'Umar (Allah be pleased with them) about invoking curse (li'an), and he narrated Similarly from Allah's Apostle (ﷺ).
A hadith like this has been narrated on the authority of 'Ubaidulah with the same chain of transmitters.
A hadith like this is narrated on the authority of A'mash.
'With flesh, and curly tangled hair."
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.
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.
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.
" 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."
A hadith like this is narrated by Ibn Numair with a slight variation of words.
Allah knows that one of you is a liar. Is there one to repent among you?
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.
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.
Messenger of Allah, if I were to find with my wife a man, should I wait until I bring four witnesses? He said: Yes.
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.
" 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.