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.
The Book of Invoking Curses - Sahih Muslim 1496
This narration from Sahih Muslim details the first instance of li'an (mutual imprecation) in Islamic history, wherein Hilal ibn Umayya accused his wife of adultery with Sharik ibn Sahma.
Contextual Analysis
The li'an procedure is a solemn Islamic legal process prescribed in Quran 24:6-9 for spouses when adultery is alleged without witnesses. Both parties swear oaths invoking Allah's curse upon themselves if lying.
Hilal's case established the precedent for this grave matter, demonstrating the seriousness of such accusations in Islamic law and the divine wisdom in providing a resolution when direct evidence is absent.
Scholarly Commentary
The Prophet's instruction regarding the child's physical characteristics reflects the understanding of hereditary traits in determining lineage. The dark eyelids, curly hair, and lean shanks matching Sharik's description indicated the child was not Hilal's, thus validating his accusation.
Classical scholars note this case illustrates how physical resemblance can serve as secondary evidence in matters of disputed lineage, though the primary resolution comes through the li'an process itself which severs marital bonds.
Legal Implications
Upon completion of li'an, the marriage is irrevocably dissolved, and neither party can ever remarry the other. The child is attributed to the mother, and the accused parties avoid hadd punishment due to the uncertainty inherent in the process.
This case established that the physical description of the child, while informative, doesn't alter the legal outcomes already effected through the mutual cursing procedure prescribed by divine revelation.