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.
The Book of Invoking Curses - Sahih Muslim 1493a
This narration from Sahih Muslim details the procedure of li'ān (mutual imprecation) established by the Prophet Muhammad ﷺ for cases where a husband accuses his wife of adultery without producing four witnesses.
Scholarly Commentary on the Procedure
The li'ān process consists of specific oaths sworn by both parties before a judge. The husband must swear four times by Allah that he is truthful in his accusation, followed by a fifth oath invoking Allah's curse upon himself if he is lying.
The wife then responds with four oaths by Allah that her husband is lying, followed by a fifth oath invoking Allah's wrath upon herself if her husband is truthful. This solemn process serves as both a legal and spiritual resolution when direct evidence is absent.
Legal Consequences of Li'ān
Upon completion of the li'ān procedure, the marriage is immediately dissolved permanently. The spouses can never remarry each other, and the child (if any) is attributed to the mother. This ruling prevents the application of hadd punishment for adultery due to the lack of required witnesses.
Spiritual Significance
Classical scholars emphasize that li'ān involves invoking divine judgment, transferring the matter from human courts to Allah's ultimate justice. Both parties are warned about the severe consequences of false oaths in the Hereafter, as mentioned in the Prophet's admonition that worldly punishment is less severe than the torment of the Next Life.