The Book of Divorce

Imran bin Yazid informed us; Makhlad bin Husayn al-Azdi narrated to us; Hisham bin Hassan narrated to us, from Muhammad bin Sirin, from Anas bin Malik, who said: The first li'an in Islam was when Hilal bin Umayyah accused Sharik bin al-Sahma of adultery with his wife. He came to the Prophet and told him about it. The Prophet said to him, ‘Bring four witnesses, or else there is a prescribed punishment on your back.’ He repeated this to him several times. Hilal said, ‘By Allah, Messenger of Allah, Allah, Mighty and Sublime, knows that I am telling the truth, and Allah will surely send down to you what clears my back of flogging.’ While they were in this situation, the verse of li'an was revealed to him: ‘Those who accuse their wives …’ through the end of the verse. He summoned Hilal, who testified four times by Allah that he was truthful, and the fifth time that Allah's curse would be upon him if he were lying. Then the woman was summoned, and she testified four times by Allah that he was lying. When she reached the fourth or fifth testimony, the Messenger of Allah said, ‘Stop her, for this makes the consequence binding.’ She hesitated so long that we thought she would confess. Then she said, ‘I will not disgrace my people for the rest of the day.’ She continued with the oath. The Messenger of Allah said, ‘Observe the child: if she gives birth to a fair-skinned child with flowing straight hair and weak, watery eyes, he is Hilal bin Umayyah's; but if she gives birth to a brown-skinned child with curly hair, a sturdy build, and slender lower legs, he is Sharik bin al-Sahma's.’ She gave birth to a brown-skinned child with curly hair, a sturdy build, and slender lower legs. The Messenger of Allah said, ‘Were it not for what had already been laid down concerning her in the Book of Allah, there would have been a different matter between me and her.’ The shaykh said: ‘Al-qadi' means that the hair of the eyes is long, and that the eyes are neither wide open nor protruding. Allah, Glorified and Exalted, knows best.’

Isa bin Hammad informed us; al-Layth reported to us, from Yahya bin Sa'id, from Abd al-Rahman bin al-Qasim, from al-Qasim bin Muhammad, from Ibn Abbas, who said: Li'an was mentioned in the presence of the Messenger of Allah, and Asim bin Adi made a remark about it, then left. A man from his people came to him complaining that he had found another man with his wife. Asim said, ‘I have only been tested with this because of what I said.’ He took the man to the Messenger of Allah and told him what he had found his wife doing. The man was pale, slight of build, and straight-haired, while the man he claimed to have found with his wife was dark-complexioned and heavily built. The Messenger of Allah said, ‘O Allah, make it clear.’ She gave birth to a child resembling the man her husband said he had found with her, so the Messenger of Allah performed li'an between them. A man at the gathering asked Ibn Abbas, ‘Is she the one about whom the Messenger of Allah said, “If I were to stone anyone without proof, I would stone this woman”?’ Ibn Abbas said, ‘No. That was a woman who used to openly display wrongdoing in Islam.’

Yahya bin Muhammad bin al-Sakan informed us; Muhammad bin Jahdam narrated to us, from Isma'il bin Ja'far, from Yahya, who said: I heard Abd al-Rahman bin al-Qasim relate from his father, from Abdullah bin Abbas, who said: Li'an was mentioned in the presence of the Messenger of Allah, and Asim bin Adi made a remark about it, then left. A man from his people met him and said that he had found another man with his wife. Asim took him to the Messenger of Allah and told him what he had found his wife doing. The man was pale, slight of build, and straight-haired, while the man he accused of being with his wife was dark-complexioned, heavily built, and tightly curled-haired. The Messenger of Allah said, ‘O Allah, make it clear.’ She gave birth to a child resembling the man her husband said he had found with her. The Messenger of Allah performed li'an between them. A man at the gathering asked Ibn Abbas, ‘Is she the one about whom the Messenger of Allah said, “If I were to stone anyone without proof, I would stone this woman”?’ Ibn Abbas said, ‘No. That was a woman who used to openly display wrongdoing in Islam.’

Ali bin Maymun informed us; Sufyan narrated to us, from Asim bin Kulayb, from his father, from Ibn Abbas, that when the Prophet ordered a man and woman to perform li'an, he instructed the man to place his hand at the mouth at the fifth oath, and said, ‘It makes the consequence binding.’

Amr bin Ali and Muhammad bin al-Muthanna informed us; they said: Yahya bin Sa'id narrated to us; Abd al-Malik bin Abi Sulayman narrated to us: I heard Sa'id bin Jubayr say: During Ibn al-Zubayr's rule, I was asked whether a husband and wife who had performed li'an were to be separated. I did not know what to say, so I left where I was and went to Ibn Umar's home. I said, ‘Abu Abd al-Rahman, are the spouses who perform li'an separated?’ He said, ‘Yes.’ He exclaimed, ‘Glory be to Allah! The first person to ask about that was So-and-so son of So-and-so. He said, “Messenger of Allah, what do you think if a man among us sees his wife committing sexual misconduct? If he speaks, it is a terrible matter”—Amr's wording is, “he has done a terrible thing”—“and if he remains silent, he remains silent about something like that.”’ The Prophet did not answer him. Later, the man came to him and said, ‘The matter I asked you about has happened to me.’ Then Allah, Mighty and Sublime, revealed these verses in Surah al-Nur: ‘Those who accuse their wives …’ up to the words, ‘and the fifth [testimony] that Allah's anger be upon her if he is truthful.’ The Prophet began with the man, admonished and reminded him, and told him that the punishment of this world is easier than the punishment of the Hereafter. He said, ‘By the One who sent you with the truth, I did not lie.’ Then the Prophet turned to the woman, admonished and reminded her. She said, ‘By the One who sent you with the truth, he is lying.’ The man then testified four times by Allah that he was truthful, and the fifth time that Allah's curse would be upon him if he was lying. Then the woman testified four times by Allah that he was lying, and the fifth time that Allah's anger would be upon her if he was truthful. The Prophet separated them.’

Amr bin Ali and Muhammad bin al-Muthanna—in Muhammad's wording—reported to us: Mu'adh bin Hisham narrated to us; my father narrated to me, from Qatadah, from Azrah, from Sa'id bin Jubayr, who said: Al-Mus'ab did not separate the spouses who had performed li'an. Sa'id said: I mentioned this to Ibn Umar, and he said, ‘The Messenger of Allah separated the two brothers of Banu al-Ajlan.’

Ziyad bin Ayyub informed us; Ibn Ulayyah narrated to us, from Ayyub, from Sa'id bin Jubayr, who said: I said to Ibn Umar, ‘A man has accused his wife.’ He said, ‘The Messenger of Allah separated the two brothers of Banu al-Ajlan and said, “Allah knows that one of you is lying. Will either of you repent?”’ He said this to them three times, but they refused, so he separated them. Ayyub said: Amr bin Dinar said, ‘There is something in this report that I do not see you narrating.’ He said: The man asked, ‘What about my property?’ He replied, ‘You have no property. If you are truthful, you have consummated the marriage with her; and if you are lying, she is even farther from you.’

Muhammad bin Mansur informed us; Sufyan narrated to us, from Amr, who said: I heard Sa'id bin Jubayr say: I asked Ibn Umar about the spouses who perform li'an. He said: The Messenger of Allah said to them, ‘Your reckoning is with Allah. One of you is lying, and you have no claim against her.’ The man said, ‘What about my property?’ He said, ‘You have no property. If you told the truth about her, it is in return for having lawfully enjoyed her; if you lied about her, then it is even farther from you.’

Qutaybah informed us; Malik narrated to us, from Nafi, from Ibn Umar, who said: The Messenger of Allah performed li'an between a man and his wife, separated them, and attributed the child to the mother.

Ishaq bin Ibrahim informed us; Sufyan reported to us, from al-Zuhri, from Sa'id bin al-Musayyib, from Abu Hurayrah: A man from Banu Fazara came to the Messenger of Allah and said, ‘My wife has given birth to a black boy.’ The Messenger of Allah asked, ‘Do you have camels?’ He said, ‘Yes.’ He asked, ‘What colors are they?’ He said, ‘Red.’ He asked, ‘Are there any gray ones among them?’ He said, ‘There are gray ones among them.’ He asked, ‘How do you think that came about?’ The man said, ‘Perhaps an ancestral trait brought it out.’ The Messenger of Allah said, ‘This one, too, may have inherited an ancestral trait.’

Muhammad bin Abdullah bin Bazee' informed us; Yazid bin Zuray narrated to us; Ma'mar narrated to us, from al-Zuhri, from Sa'id bin al-Musayyib, from Abu Hurayrah, who said: A man from Banu Fazara came to the Prophet and said, ‘My wife has given birth to a black boy,’ intending to disavow him. The Prophet asked, ‘Do you have camels?’ He said, ‘Yes.’ He asked, ‘What color are they?’ He said, ‘Red.’ He asked, ‘Are there any gray ones among them?’ He said, ‘There is a herd of gray camels among them.’ He asked, ‘How do you think that came about?’ The man said, ‘Perhaps an ancestral trait passed it on.’ He said, ‘Then perhaps this one, too, inherited an ancestral trait.’ The Prophet did not grant him permission to disavow the boy.

Ahmad bin Muhammad bin al-Mughirah informed us; Abu Haywah, a man from Hims, narrated to us; Shu'ayb bin Abi Hamzah narrated to us, from al-Zuhri, from Sa'id bin al-Musayyib, from Abu Hurayrah, who said: While we were with the Messenger of Allah, a man stood and said, ‘Messenger of Allah, a black boy has been born to me.’ The Messenger of Allah asked, ‘How do you think that happened?’ He said, ‘I do not know.’ He asked, ‘Do you have camels?’ He said, ‘Yes.’ He asked, ‘What colors are they?’ He said, ‘Red.’ He asked, ‘Are there any gray camels among them?’ He said, ‘There are gray camels among them.’ He asked, ‘How do you think that happened?’ The man said, ‘I do not know, Messenger of Allah, unless an ancestral trait passed it on.’ He said, ‘This one, too, may have inherited an ancestral trait.’ Because of this, the Messenger of Allah ruled: ‘A man may not disavow a child born on his marital bed unless he alleges that he witnessed sexual misconduct.’

Muhammad bin Abdullah bin Abd al-Hakam informed us; Shu'ayb said: al-Layth narrated to us, from Ibn al-Had, from Abdullah bin Yunus, from Sa'id bin Abi Sa'id al-Maqburi, from Abu Hurayrah, who said: He heard the Messenger of Allah say, when the verse of li'an was revealed: ‘Any woman who brings into a family a man who is not one of them has no share in Allah's favor, and Allah will not admit her to Paradise. And any man who denies his child while looking at him, Allah will be veiled from him and will expose him before all people, from the first to the last, on the Day of Resurrection.’

Qutaybah informed us; he said: Sufyan narrated to us, from al-Zuhri, from Sa'id and Abu Salamah, from Abu Hurayrah, that the Prophet said: ‘The child belongs to the marital bed, and the adulterer gets nothing.’

Ishaq ibn Ibrahim informed us, from Abd al-Razzaq, who said: Ma'mar narrated to us, from al-Zuhri, from Sa'id and Abu Salamah, from Abu Hurayrah, that the Prophet said: ‘The child belongs to the marital bed, and the adulterer gets nothing.’

Qutaybah informed us; he said: al-Layth narrated to us, from Ibn Shihab, from Urwah, from Aishah, who said: Sa'd ibn Abi Waqqas and Abd ibn Zam'ah disputed over a boy. Sa'd said, ‘Messenger of Allah, this is the son of my brother Utbah ibn Abi Waqqas. He confided to me that the boy was his son. Look at whom he resembles.’ Abd ibn Zam'ah said, ‘He is my brother; he was born on my father's bed to his slave woman.’ The Messenger of Allah looked at the boy and saw a clear resemblance to Utbah. He said, ‘He is yours, Abd. The child belongs to the marital bed, and the adulterer gets nothing. Veil yourself from him, Sawdah bint Zam'ah.’ After that, he never saw Sawdah again.

Ishaq ibn Ibrahim informed us; he said: Jarir informed us, from Mansur, from Mujahid, from Yusuf ibn al-Zubayr—a client of theirs—from Abd Allah ibn al-Zubayr, who said: Zam'ah had a slave woman with whom he had intercourse, and he suspected another man of having intercourse with her. She gave birth to a child resembling the man he suspected. Zam'ah died while she was pregnant, and Sawdah mentioned this to the Messenger of Allah. The Messenger of Allah said, ‘The child belongs to the marital bed. Veil yourself from him, Sawdah, for he is not a brother of yours.’

Ishaq ibn Ibrahim informed us; he said: Jarir narrated to us, from Mughira, from Abu Wa'il, from Abd Allah, from the Messenger of Allah, who said: ‘The child belongs to the marital bed, and the adulterer gets nothing.’ Abu Abd al-Rahman said: ‘I do not think this is from Abd Allah ibn Mas'ud; Allah Most High knows best.’

Ishaq ibn Ibrahim informed us; he said: Sufyan narrated to us, from al-Zuhri, from Urwah, from Aishah, who said: Sa'd ibn Abi Waqqas and Abd ibn Zam'ah disputed over Zam'ah’s son. Sa'd said, ‘My brother Utbah charged me, when I came to Makkah, to look for Zam'ah’s slave woman’s son, for he is my son.’ Abd ibn Zam'ah said, ‘He is the son of my father’s slave woman; he was born on my father’s bed.’ The Messenger of Allah saw a clear resemblance to Utbah, but said, ‘The child belongs to the marital bed. Veil yourself from him, Sawdah.’

Abu Asim, Khushaysh ibn Asram, informed us; he said: Abd al-Razzaq informed us; he said: al-Thawri informed us, from Salih al-Hamdani, from al-Sha'bi, from Abd Khayr, from Zayd ibn Arqam, who said: Three men who had intercourse with one woman during a single period of purity were brought to Ali while he was in Yemen. He asked two of them, ‘Do you acknowledge this child as belonging to him?’ They said, ‘No.’ Then he asked another two, ‘Do you acknowledge this child as belonging to him?’ They said, ‘No.’ He cast lots among them, assigned the child to the man who won the lot, and imposed two-thirds of the blood money on him. This was mentioned to the Prophet, and he laughed until his back teeth showed.