ﳏ ﳐ ﳑ ﳒ ﳓ ﳔ ﳕ ﳖ ﳗ
And if not for the favor of Allah upon you and His mercy... and because Allah is Accepting of repentance and Wise.
ﳏ ﳐ ﳑ ﳒ ﳓ ﳔ ﳕ ﳖ ﳗ
And if not for the favor of Allah upon you and His mercy... and because Allah is Accepting of repentance and Wise.
Tafsir
Verse range: 24:6-10
Know that after the Almighty mentioned the rulings concerning the slander of unrelated chaste women, He followed it with the rulings concerning the slander of wives.
This verse encompasses several discussions:
Several views are mentioned regarding the occasion of revelation:
‘Āṣim had a cousin named ‘Uwaymir, whose wife was named Khawlah bint Qays. ‘Uwaymir approached ‘Āṣim saying, "I have seen Sharīk ibn Suḥmā’ upon the belly of my wife Khawlah." ‘Āṣim exclaimed, and went to the Messenger of Allah (PBUH), saying, "O Messenger of Allah, how quickly have I been afflicted with this concerning my own household!" The Prophet (PBUH) asked, "What is it?" He replied that ‘Uwaymir, his cousin, informed him that he saw Sharīk ibn Suḥmā’ upon the belly of his wife Khawlah. Since ‘Uwaymir, Khawlah, and Sharīk were all cousins of ‘Āṣim, the Messenger of Allah (PBUH) summoned them all. He told ‘Uwaymir, "Fear Allah regarding your wife and your cousin's daughter, and do not slander her."
‘Uwaymir said, "O Messenger of Allah, I swear by Allah that I saw Sharīk upon her belly, and I have not approached her for four months, and she is pregnant by someone else." The Messenger of Allah (PBUH) then told her, "Fear Allah and report only what you have done." She replied, "O Messenger of Allah, ‘Uwaymir is a very jealous man. He saw Sharīk looking at me for a long time and speaking with me, and jealousy drove him to what he said."
Then, Allah revealed this verse. The Messenger of Allah (PBUH) commanded that a call be made: "The prayer is assembled." He led the afternoon prayer, then told ‘Uwaymir, "Stand up and say: 'I bear witness by Allah that Khawlah is an adulteress, and I am among the truthful.'" He said it a second time: "I bear witness by Allah that I saw Sharīk upon her belly, and I am among the truthful." He said it a third time: "I bear witness by Allah that she is pregnant by someone other than me, and I am among the truthful." He said it a fourth time: "I bear witness by Allah that she is an adulteress, and I have not approached her for four months, and I am among the truthful." Then he said the fifth time: "May the curse of Allah be upon ‘Uwaymir—meaning himself—if he is among the liars in what he said." Then he told him to sit down.
He told Khawlah to stand up. She stood and said: "I bear witness by Allah that I am not an adulteress, and my husband ‘Uwaymir is among the liars." She said the second time: "I bear witness by Allah that he did not see Sharīk upon my belly, and he is among the liars." She said the third time: "I bear witness by Allah that I am pregnant by him, and he is among the liars." She said the fourth time: "I bear witness by Allah that he never saw me committing any lewd act, and he is among the liars." She said the fifth time: "May the wrath of Allah be upon Khawlah if ‘Uwaymir is truthful in what he said." The Messenger of Allah (PBUH) then separated them.
Shortly after, Ibn ‘Umar came to him, reporting about a man named Hilāl ibn Umayyah (one of the three whose repentance Allah accepted). Hilāl said, "O Messenger of Allah, I found a man with my wife—I saw with my eyes and heard with my ears." The Messenger of Allah (PBUH) disliked what he brought. Hilāl said, "By Allah, O Messenger of Allah, I see displeasure in your face regarding what I informed you. Allah knows that I am truthful and have only spoken the truth." The Messenger of Allah (PBUH) said, "Either the Ibītat (staying overnight) or the establishment of the prescribed punishment (Ḥadd) upon you."
The Anṣār gathered and said, "We are afflicted by what Sa‘d said." While they were in that state, revelation descended upon him. When revelation descended, his face would change color, and his body would become flushed with redness. When it subsided, he said, "Rejoice, O Hilāl, for Allah has made a way out for you." He replied, "I had hoped for that from Allah." The Prophet (PBUH) recited these verses to them. He called for them, and they were summoned. Hilāl accused [his wife]. The Prophet (PBUH) said, "Allah knows that one of you is lying. Is there any repentant among you?" He ordered the Mulā‘anah (mutual cursing).
Hilāl swore four oaths by Allah that he was truthful. When he reached the fifth, the Prophet (PBUH) said to him, "Fear Allah, O Hilāl, for the punishment of this world is easier than the punishment of the Hereafter." He replied, "By Allah, Allah will not punish me for it, just as the Messenger of Allah (PBUH) did not flog me." And he swore the fifth oath.
Then the Messenger of Allah (PBUH) asked her, "Do you bear witness?" She swore four oaths by Allah that he was lying. When she began the fifth, he told her, "Fear Allah, for the fifth oath is the one that brings [the consequence]." She paused for an hour and almost confessed, but then said, "By Allah, I will not disgrace my people," and swore the fifth oath: "May the wrath of Allah be upon me if Hilāl is truthful in his statement." The Messenger of Allah (PBUH) separated them.
Then he said, "Wait for her: if she gives birth to a child with a specific description—athībij (thin-shanked), aṣhab (light-eyed), aḥmash al-sāqayn (thin-legged)—then the child belongs to Hilāl. But if she gives birth to a child khadlij al-sāqayn (thick-legged) and awraq (dark-eyed) and ja‘d (curly-haired), then the child belongs to the other man." She gave birth to a child awraq khadlij al-sāqayn. The Prophet (PBUH) said, "Were it not for the faith, there would have been a serious matter between me and her." ‘Ikrimah said that he saw that man later as a governor of one of the provinces, not knowing who his father was.
The phrase "four witnesses" was recited without the tā’ (i.e., arba‘atun instead of arba‘atun), either because witnesses (shuhūd) are a group, or because they are equivalent to souls (anfus).
The reason for reading arba‘an (accusative) is that it is in the position of a maṣdar (verbal noun), and the operative factor is the maṣdar implied in the statement: "The testimony of one of them is four testimonies." The implied structure is: "The obligation of the testimony of one of them is four testimonies."
It was also recited as an la‘nat Allāh and wa an ghaḍab Allāh (with an being lightened/unvocalized, and the following noun in the nominative case), or an ghaḍab Allāh (as a verbal noun for the action of wrath). It was also recited with the accusative for the fifth statement, meaning: "And he testifies the fifth testimony."
This section concerns four aspects:
First Issue: If a man accuses his wife of adultery, he must face the Ḥadd (prescribed punishment) if she is muḥṣanah (married/chaste), or Ta‘zīr (discretionary punishment) if she is not, just as with accusing an unrelated woman. The difference lies in the means of acquittal:
The Sharia legislated Li‘ān in this specific case, unlike with unrelated women, for two reasons:
Second Issue: Abū Bakr al-Rāzī said that the punishment for slandering both unrelated women and wives was flogging. The evidence is the Prophet’s (PBUH) statement to Hilāl ibn Umayyah: "Bring me four witnesses for yourself, or you will receive the flogging on your back." This proves that the punishment for slandering wives was flogging, but it was abrogated for husbands and replaced by Li‘ān. Similar reports exist regarding the man who asked, "What if a man finds another man with his wife? If he speaks, you flog him; if he kills him, you kill him; if he remains silent, he remains silent in suppressed rage." These reports indicate the punishment was flogging, which Allah abrogated with Li‘ān.
Third Issue: Al-Shāfi‘ī (RA) said that if a husband slanders his wife, the required penalty is the Ḥadd, but it is averted by Li‘ān, just as the Ḥadd for slandering an unrelated woman is averted by witnesses. If the husband refuses Li‘ān, the Ḥadd for slander applies. If he performs Li‘ān and she refuses hers, the Ḥadd for adultery applies to her.
Abū Ḥanīfah (RA) said: If the husband refuses Li‘ān, he is imprisoned until he performs it. Similarly, if the wife refuses, she is imprisoned until she performs Li‘ān.
Arguments for Al-Shāfi‘ī:
Argument for Abū Ḥanīfah:
Fourth Issue: The majority held that if the husband says to her, "O adulteress," Li‘ān is required. Mālik (RA) said that Li‘ān is only required if he says, "I saw you committing adultery," or if he denies paternity of a child she carries.
Arguments for the Majority: The generality of the verse "And those who accuse chaste women" covers all forms of accusation. Since there is no difference in the ruling for slandering an unrelated woman regardless of the specific accusation, the same applies to the wife.
Al-Shāfi‘ī (RA) said that whoever is qualified to swear an oath is qualified to perform Li‘ān. Thus, Li‘ān is valid between slaves, Dhimmi subjects, and those who have received the Ḥadd for slander. It is also valid if one is a slave and the other free, or if the husband is Muslim and the wife a Dhimmi.
Abū Ḥanīfah (RA) said Li‘ān is invalid in two situations:
Arguments for Al-Shāfi‘ī: The apparent meaning of the verse "And those who accuse their spouses" includes everyone, and there is no reason for specialization. Analogy also supports this in two ways:
Arguments for Abū Ḥanīfah: Text and meaning.
Al-Shāfi‘ī’s Rebuttal: Li‘ān is not truly testimony but an oath, because a person cannot testify for himself. If it were testimony, the woman would need eight testimonies (being half the man's share), and it would be invalid for the blind and the fāsiq, whose testimony is invalid. If it is argued that the fāsiq might repent, the slave might be freed, making his testimony valid later. Al-Shāfi‘ī emphasized that if a slave is freed, his testimony is accepted immediately, whereas a repentant fāsiq's testimony is not accepted immediately. Al-Shāfi‘ī also challenged Abū Ḥanīfah: The testimony of Dhimmi subjects is accepted among themselves, so Li‘ān should be valid between a Dhimmi husband and wife.
The text concludes this section by noting that the penalties vary based on who the accusation is directed toward: if the husband does not perform Li‘ān, he receives half the Ḥadd for slander due to his slavery (if applicable). If he performs Li‘ān but she does not, her penalty varies based on whether she is married/chaste, free or slave.
Al-Shāfi‘ī (RA) stated that Li‘ān results in five rulings: averting the Ḥadd (for the husband), denial of paternity (for the child), separation (Farqah), perpetual prohibition (Taḥrīm Mu’abbad), and the obligation of the Ḥadd (for the wife if she refuses). All these are established merely by the husband’s Li‘ān and do not require her Li‘ān or a judge's ruling. If the judge issues a ruling, it is merely an enforcement, not the establishment of the separation itself.
First Issue: Occurrence of Separation (Farqah)
There are four views on whether separation occurs upon Li‘ān:
Arguments for ‘Uthmān al-Battī:
Arguments for Abū Ḥanīfah (requiring a judge):
Arguments for Al-Shāfi‘ī:
Regarding the narrations used by Abū Ḥanīfah: they indicate that the Prophet (PBUH) informed them of the separation and ruled upon it, which does not negate that another factor caused the separation. His analogies rely on Li‘ān being testimony, which we argue is not the case; it is an oath. Regarding the claim that Li‘ān implies no prohibition: its proof lies in the denial of paternity, and denying paternity implies denying the lawfulness of the marriage.
Second Issue: Reuniting After Li‘ān
Mālik, Al-Shāfi‘ī, Abū Yūsuf, al-Thawrī, Isḥāq, and al-Ḥasan—and this is the view of ‘Alī, ‘Umar, and Ibn Mas‘ūd—held that those who perform Li‘ān never reunite.
Abū Ḥanīfah and Muḥammad held that if the husband admits his lie and is flogged, the prohibition on the marriage contract is lifted, and they may remarry with a new contract.
Arguments for Al-Shāfi‘ī:
Argument for Abū Ḥanīfah: The verses "And Allah has permitted for you what is beyond that [i.e., those mentioned]" and "Then marry those that please you."
Third Issue: Denial of Paternity
Scholars agreed that paternity can be denied by Li‘ān. Some dissenting opinions held that the child remains his, citing the Prophet’s (PBUH) saying: "The child belongs to the bed." This view is weak because the reports confirming that lineage is negated by Li‘ān are nearly Mutawātir (mass-transmitted) and cannot be contradicted by a single report.
Fourth Issue: Completeness of Li‘ān
Al-Shāfi‘ī (RA) said that if one party performs only part of the Li‘ān words, the ruling is not established. Abū Ḥanīfah (RA) said that most of the Li‘ān words suffice for the whole if the judge rules on it. The apparent meaning supports Al-Shāfi‘ī, as it indicates that the wife cannot avert punishment from herself unless she completes what Allah mentioned.
The verse clearly indicates the procedure:
Sub-issues:
First Issue: Our companions used this verse to refute the Khawārij’s view that adultery and slander constitute disbelief (Kufr), in two ways:
Second Issue: The verse proves false the view that the occurrence of adultery invalidates the marriage contract. If he accuses her of adultery, his statement implies he acknowledges the marriage is void, similar to someone admitting his wife is his sister or a disbeliever. If this were true, separation would occur immediately upon accusation, before Li‘ān, which is contrary to consensus.
Third Issue: The Mu‘tazilah argued that the verse proves the slanderer deserves the curse of Allah if he is lying, meaning he is a fāsiq. Similarly, the adulterer and adulteress deserve the wrath of Allah and His punishment, otherwise, it would not be appropriate for them to curse themselves, just as one cannot ask God to curse children or the insane. If this is true, they deserve punishment, which is eternal (like reward). Since reward and punishment cannot coexist, their reward is nullified, meaning they cannot enter Paradise unless they repent, as the Ummah agrees that whoever enters Paradise from the accountable is rewarded for their obedience. This implies the eternal dwelling of sinners in Hellfire.
Our companions replied: We do not concede that being subject to Allah's wrath due to sin contradicts being accepted by Him due to faith. Even if we conceded that, we do not concede that only those deserving reward enter Paradise; the consensus is disputed.
Fourth Issue: The Mūlā‘inah (the wife performing Li‘ān) is specifically required to swear the fifth oath involving the wrath of Allah as an aggravation because she is considered the origin and source of immorality through her vanity and temptation. This is why she is mentioned first in the verse concerning flogging.
After the Almighty explained the rulings for slandering chaste women and spouses, which contain undeniable mercy and grace—as Allah provided a path for the man to achieve his goal, a path for her to avert punishment, and a path for both to repent and return—He then stated: "And were it not for the Grace of Allah upon you and His Mercy..." This magnifies His favor in what He explained regarding these rulings, and in what He postponed, preserved, and allowed repentance for. There is no doubt that there is an omission in the speech, as there must be an answer [to the implied condition], but leaving it unstated indicates a matter of immense significance that cannot be fully encompassed, and a silence that is more eloquent than speech.
7. Indeed, those who brought forth the slander were a group among you. Do not think it to be evil for you; rather, it is good for you. For every man among them is the sin he has earned, and for him among them who took the lead in it is a great punishment.