"What do you think, O 'Asim! If a man finds 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 until 'Asim felt upset. When 'Asim went back to his people, 'Uwaimir came to him and said: "O 'Asim, what did the Messenger of Allah say to you?" 'Asim said: "You have not brought me any good. The Messenger of Allah disapproved of the question you asked." 'Uwaimir said: "By Allah, I will go and ask the Messenger of Allah." So he went to the Messenger of Allah and found him in the midst of the people. He said: "O Messenger of Allah, what do you think if a man finds another man with his wife -should he kill him, and be killed in retaliation or what should he do?" The Messenger of Allah said: "Something has been revealed concerning you and your wife, so go and bring her here." Sahl said: "So they engaged in the procedure of Li'an, and I was among the people in the presence of the Messenger of Allah. When 'Uwaimir finished he said: "I would have been telling lies about her, O Messenger of Allah, if I keep her." So he divorced her thrice before the Messenger of Allah told him to do so."
The Book of Divorce - Sunan an-Nasa'i 3402
This narration from Sunan an-Nasa'i details the circumstances leading to the revelation of the procedure of Li'an (mutual imprecation) in Islamic law, when a husband accuses his wife of adultery without producing four witnesses.
Contextual Analysis
The incident begins with 'Uwaimir al-'Ajlani's concern about finding another man with his wife, questioning whether he should kill the man and face retaliation. This reflects pre-Islamic tribal customs where honor killings were common.
The Prophet's initial disapproval of the question demonstrates the Islamic principle of avoiding unnecessary inquiries about hypothetical situations, as such questions may lead to the revelation of difficult rulings.
Legal Rulings Derived
Li'an Procedure: When a husband accuses his wife of adultery without witnesses, both spouses swear oaths before God - the husband swears four times to his wife's infidelity, and the wife swears four times to her innocence.
Separation Consequence: After Li'an is performed, the marriage is permanently dissolved, and the spouses can never remarry. The husband is spared the punishment for false accusation (qadhf), and the wife is spared the punishment for adultery.
'Uwaimir's immediate triple divorce after Li'an, though done before explicit instruction, was accepted, showing that Li'an itself effects permanent separation.
Scholarly Commentary
Classical scholars note that Li'an serves as a divine solution to protect family honor while preventing false accusations and unlawful killings. It provides a legal outlet for serious marital disputes where evidence is lacking.
The procedure emphasizes the gravity of oath-taking in Islam, as both parties invoke God's curse upon themselves if lying. This reflects the Islamic principle that some matters are best left to divine judgment.
Scholars highlight the wisdom in making such separations permanent, preventing future conflicts and ensuring the integrity of lineage, which is of paramount importance in Islamic law.