"Uwaimir, a man from Banu 'Ajlan, came and said: 'O 'Asim, what do you think if a man sees another man with his wife, should he kill him and be killed in retaliation, or what should he do? O 'Asim, ask the Messenger of Allah about that for me.'" So 'Asim asked the Messenger of Allah about that, and the Messenger of Allah disapproved of the question and criticized the asking of too many questions. Then 'Uwaimir came to him and said: "What happened, O 'Asim?" 'Asim said to 'Uwaimir: "What happened?! You have not brought me any good. The Messenger of Allah disapproved of the question I asked." 'Uwaimir said: "By Allah, I will go and ask the Messenger of Allah." So he went to the Messenger of Allah and asked him. The Messenger of Allah said: "Allah the Mighty and Sublime has revealed (something) concerning you and your wife, so bring her here." Sahl said: "I was among the people in the presence of the Messenger of Allah and he brought her and they engaged in the procedure of Li'an. He said: 'O Messenger of Allah, by Allah! If I keep her I would have been telling lies about her.' So he parted from her before the Messenger of Allah told him to separate from her, and that became the way of Li'an."
The Book of Divorce - Sunan an-Nasa'i 3466
This narration from Sunan an-Nasa'i concerns the divine legislation of Li'an (mutual imprecation) revealed to resolve cases where a husband accuses his wife of adultery without producing four witnesses.
Context and Circumstances
Uwaimir al-Ajlani's query emerged from a pre-Islamic tribal custom where discovering a man with one's wife would typically lead to fatal retaliation. The Islamic revelation provided a civilized legal alternative.
The Prophet's initial disapproval of the question demonstrates the Islamic principle of avoiding hypothetical inquiries about situations not yet occurred, preserving social harmony.
Legal Procedure of Li'an
Li'an involves the husband swearing 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 swears four times by Allah that her husband is lying, followed by a fifth oath invoking Allah's wrath upon herself if he is truthful.
This procedure, revealed specifically for this case, prevents capital punishment when evidence is lacking while preserving the sanctity of marriage through separation.
Scholarly Commentary
Classical scholars note that Li'an serves as both a legal remedy and spiritual deterrent. The severe oaths involved protect against false accusations while providing an honorable exit from irreparably damaged marriages.
The automatic separation following Li'an demonstrates Islam's protection of women's honor and the seriousness of unproven adultery accusations. The child born from such a union is attributed to the mother, preserving lineage clarity.
This incident established Li'an as a permanent legal procedure in Islamic jurisprudence, balancing marital rights with societal protection against unsubstantiated claims.