Tafsir of An-Nur 24:6

The Legal Conditions for Li‘an (Imprecation) If a husband is a Muslim, free, adult, sane, and has not been previously punished for qadhf (false accusation of adultery), and his wife is chaste, li‘an is valid between them if he accuses her of explicit adultery—such as saying, "You are an adulteress," "You have committed adultery," or "I saw you committing adultery."

If the husband is a slave or has been previously punished for qadhf, and the wife is chaste, he is lashed as one would be for accusing a stranger. Li‘an is not required until the wife brings the matter to the Imam (judge).

The Procedure of Li‘an The man begins by testifying four times by Allah that he is truthful in his accusation of adultery. On the fifth, he says: "The curse of Allah be upon him if he is among the liars regarding what he accused her of."

The woman then testifies four times: "I bear witness by Allah that he is among the liars regarding what he accused me of." On the fifth, she says: "The wrath of Allah be upon her if he is among the truthful regarding what he accused me of."

The Shafi‘i View Imam al-Shafi‘i (may Allah be pleased with him) holds that the man must stand while testifying and the woman sit, then the woman stands and the man sits while she testifies. The Imam should order someone to place their hand over the man’s mouth and say: "I fear that if you are not truthful, you will bring upon yourself the curse of Allah."

He also stated that li‘an should take place between the Maqam and the Ka‘bah in Makkah, on the Minbar in Madinah, and in the mosque in Jerusalem. For a polytheist, it occurs in a church or a place they hold sacred. If they have no religion, it occurs in our mosques, excluding the Sacred Mosque, due to the verse: "The polytheists are indeed unclean, so let them not approach the Sacred Mosque" (At-Tawbah: 28).

The Separation The judge then separates them. According to Abu Hanifah and his companions, the separation does not occur until the judge decrees it, except for Zufar, who holds that the separation occurs by the act of li‘an itself. Uthman al-Batti argued there is no separation at all.

According to Al-Shafi‘i, the separation occurs upon the husband’s li‘an. For Abu Hanifah and Muhammad, this separation is equivalent to a ba’in (irrevocable) divorce, but it is not permanent; if the man later declares himself a liar and accepts the punishment, he may remarry her. According to Abu Yusuf, Zufar, Al-Hasan ibn Ziyad, and Al-Shafi‘i, it is a separation without divorce that necessitates a permanent prohibition; they may never reunite.

The Occasion of Revelation It is narrated that when the verse of qadhf was revealed, the Prophet (ﷺ) recited it on the Minbar. ‘Asim ibn ‘Adi al-Ansari (may Allah be pleased with him) stood and said: "May Allah make me your ransom! If a man finds a man with his wife and reports it, he is lashed eighty times, his testimony is rejected forever, and he is considered a fasiq (transgressor). If he strikes him with a sword, he is killed. If he remains silent, he remains silent in rage. By the time he brings four witnesses, the man has already fulfilled his desire and left. O Allah, grant an opening!"

He went out and met Hilal ibn Umayyah (or ‘Uwaymir), who said: "Evil has occurred. I found Sharik ibn Sahma’ on the belly of my wife, Khawlah (the daughter of ‘Asim)." ‘Asim told the Prophet (ﷺ), who spoke to Khawlah. She said: "I do not know; did he act out of jealousy or greed for food?" (Sharik was their guest). Hilal said: "I saw him on her belly." The verse was revealed, and the Prophet (ﷺ) performed li‘an between them.

Upon the man’s fifth statement ("The curse of Allah be upon him") and the woman’s ("The wrath of Allah be upon her"), the Prophet (ﷺ) said: "Amin," and the people said: "Amin." He said to her: "If you have committed a sin, confess it, for the punishment of this world is easier than the wrath of Allah, for His wrath is the Fire." He also said: "Watch for her delivery; if she bears a child who is reddish, dark-skinned, and fleshy, it is for Sharik. If she bears a child who is pale, curly-haired, and thick-legged, it is for the one she was accused with." Ibn ‘Abbas (may Allah be pleased with them) said: "She bore a child who was the most similar of all people to Sharik." The Prophet (ﷺ) said: "Were it not for the oaths, I would have had a different matter with her."

Linguistic Notes

• "And the fifth" (al-khamisata) is read in the accusative because it functions as a verbal noun (masdar).
• The reading "The curse of Allah" (anna la‘nata Allahi) and "The wrath of Allah" (anna ghadaba Allahi) is based on lightening the anna and putting the following noun in the nominative.
• Question: Why is the woman specifically singled out to swear by the "wrath of Allah"?
• Answer: To intensify the warning against her, for she is the source and origin of the immorality through her deception and enticement. This is why she is mentioned first in the verse of lashing, and it is supported by the Prophet’s (ﷺ) words to Khawlah: "The punishment is easier for you than the wrath of Allah."

{And were it not for the favor of Allah upon you and His mercy, and that Allah is Accepting of repentance, Wise.}