Tafseer Ibn Kathir of AN NUUR [6]

6. And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies by Allah that he is one of those who speak the truth. 7. And the fifth (testimony); invoking of the curse of Allah on him if he be of those who tell a lie. 8. But she shall avert the punishment from her, if she bears witness four times by Allah, that he is telling a lie. 9. And the fifth; should be that the wrath of Allah be upon her if he speaks the truth. 10. And had it not been for the grace of Allah and His mercy on you! And that Allah is the One Who forgives and accepts repentance, the All-Wise. This Ayah offers a way out for husbands. If a husband has accused his wife but cannot come up with proof, he can swear the Li`an (the oath of condemnation) as Allah commanded. This means that he brings her before the Imam and states what he is accusing her of. The ruler then asks him to swear four times by Allah in front of four witnesses

(that he is one of those who speak the truth) in his accusation of her adultery.

(And the fifth; the invoking of the curse of Allah on him if he be of those who tell a lie.) If he says that, then she is divorced from him by the very act of this Li`an; she is forever forbidden for him and he must give her Mahr to her. The punishment for Zina should be carried out on her, and nothing can prevent the punishment except if she also swears the oath of condemnation (Li`an) and swears by Allah four times that he is one of those who lied, i.e., in what he is accusing her of;

(And the fifth; should be that the crath of Allah be upon her if he speaks the truth.) Allah says:

(But she shall avert the punishment) meaning, the prescribed punishment.

(if she bears witness four times by Allah, that he is telling a lie. And the fifth; should be that the wrath of Allah be upon her if he speaks the truth.) The wrath of Allah is mentioned specially in the case of the woman, because usually a man would not go to the extent of exposing his wife and accusing her of Zina unless he is telling the truth and has good reason to do this, and she knows that what he is accusing her of is true. So in her case the fifth testimony calls for the wrath of Allah to be upon her, for the one upon whom is the wrath of Allah, is the one who knows the truth yet deviates from it. Then Allah mentions His grace and kindness to His creation in that He has prescribed for them a way out of their difficulties. Allah says:

(And had it not been for the grace of Allah and His mercy on you!) meaning, many of your affairs would have been too difficult for you,

(And that Allah is the One Who forgives and accepts repentance,) means, from His servants, even if that comes after they have sworn a confirmed oath.

(the All-Wise. ) in what He prescribes and commands and forbids. There are Hadiths which explain how we are to put this Ayah into effect, why it was revealed and concerning whom among the Companions it was revealed. Imam Ahmad recorded that Ibn `Abbas said: ”When the Ayah

(And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever) ï´¿24:4ï´¾ was revealed, Sa`d bin `Ubadah, may Allah be pleased with him, -- the leader of the Ansar -- said, `Is this how it was revealed, O Messenger of Allah' The Messenger of Allah said:

(O Ansar, did you hear what your leader said) They said, `O Messenger of Allah, do not blame him, for he is a jealous man. By Allah, he never married a woman who was not a virgin, and he never divorced a woman but none of us would dare to marry her because he is so jealous.' Sa`d said, `By Allah, O Messenger of Allah, I know that it (the Ayah) is true and is from Allah, but I am surprised. If I found some wicked man lying down with my wife, should I not disturb him until I have brought four witnesses By Allah, he would have finished what he was doing before I could bring them!' A little while later, Hilal bin Umayyah -- one of the three whose repentance had been accepted -- came back from his lands at night and found a man with his wife. He saw with his own eyes and heard with his own ears, but he did not disturb him until the morning. In the morning he went to the Messenger of Allah and said, `O Messenger of Allah, I came to my wife at night and found a man with her, and I saw with my own eyes and heard with my own ears.' The Messenger of Allah did not like what he had said and got very upset. The Ansar gathered around him and said, `We were being tested by what Sa`d bin Ubadah said, and now the Messenger of Allah will punish Hilal bin Umayyah and declare his testimony before people to be unacceptable.' Hilal said: `By Allah, I hope that Allah will make for me a way out from this problem.' Hilal said, `O Messenger of Allah, I see how upset you are by what I have said, but Allah knows that I am telling the truth.' By Allah, the Messenger of Allah wanted to have him flogged, but then Allah sent revelation to His Messenger . When the revelation came upon him, they knew about it from the change in his face, so they would leave him alone until the revelation was finished. Allah revealed the Ayah:

(And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies by Allah...,) Then the revelation was finished and the Messenger of Allah said,

(Rejoice, O Hilal, for Allah has made a way out for you.) Hilal said, `I had been hoping for this from my Lord, may He be glorified.' The Messenger of Allah said:

(Send for her.) So they sent for her and she came. The Messenger of Allah recited this Ayah to them both, and reminded them that the punishment of the Hereafter is more severe than the punishment in this world. Hilal said, `By Allah, O Messenger of Allah, I have spoken the truth about her.' She said, `He is lying.' The Messenger of Allah said,

(Make them both swear the Li`an.) So Hilal was told, `Testify.' So he testified four times by Allah that he was one of those who speak the truth. When he came to the fifth testimony, he was told, `O Hilal, have Taqwa of Allah, for the punishment of this world is easier than the punishment of the Hereafter, and this will mean that the punishment will be inevitable for you.' He said, `By Allah, Allah will not punish me for it, just as He has not caused me to be flogged for it.' So he testified for the fifth time that the curse of Allah would be upon him if he was telling a lie. Then it was said to his wife, `Testify four times by Allah that he is telling a lie.' And when his wife reached the fifth testimony, she was told, `Have Taqwa of Allah, for the punishment of this world is easier than the punishment of the Hereafter, and this will mean that the punishment will be inevitable for you.' She hesitated for a while, and was about to admit her guilt, then she said: `By Allah, I will not expose my people to shame, and she swore the fifth oath that the wrath of Allah would be upon her if he was telling the truth.' Then the Messenger of Allah separated them, and decreed that her child should not be attributed to any father, nor should the child be accused, and whoever accused her or her child, they would be subject to punishment. He also decreed that ï´¿Hilalï´¾ was not obliged to house her or feed her, because they had not been separated by divorce, nor had he died and left her a widow. He said,

(If she gives birth to a red-haired child (with skinny thighs) and thin legs, then he is Hilal's child, but if she gives birth to a curly-haired child with thick legs and plump buttocks, then this is what she is accused of.) She subsequently gave birth to a child who was curly-haired with thick legs and plump buttocks, and the Messenger of Allah said,

(Were it not for the oath that she swore, I would deal with her.)'' `Ikrimah said, ”The child grew up to become the governor of Egypt, and he was given his mother's name and was not attributed to any father.'' Abu Dawud recorded a similar but briefer report. This Hadith has corroborating reports in the books of Sahih and elsewhere, with many chains of narration, including the report narrated by Al-Bukhari from Ibn `Abbas, that Hilal bin Umayyah accused his wife before the Prophet with Sharik bin Sahma'. The Prophet said,

(Evidence or the punishment on your back.) He said, ”O Messenger of Allah, if any one of us saw a man with his wife, how could he go and get evidence'' The Prophet again said,

(Evidence otherwise the punishment on your back.) Hilal said, ”By the One Who sent you with the truth! I am telling the truth and Allah will reveal something that will protect my back from the punishment. '' Then Jibril came down and brought the revelation,

(And for those who accuse their wives,) Then he recited until he reached:

(that he is one of those who speak the truth) ï´¿24:6ï´¾. When the revelation had finished, the Prophet sent for them both. Hilal came and gave his testimony, and the Prophet said,

(Allah knows that one of you is lying. Will one of you repent) Then she stood up and gave her testimony, and when she reached the fifth oath, they stopped her and said, ”If you swear the fifth oath and you are lying, the curse of Allah will be inevitable.'' Ibn `Abbas said, ”She hesitated and kept quiet until we thought that she had changed her mind, then she said, `I will not dishonor my people today', and she went ahead. Then the Messenger of Allah said,

(Wait until she gives birth, and if she gives birth to a child whose eyes look as if they are ringed with kohl and who has plump buttocks and thick legs, then he is the child of Sharik bin Sahma'.) She gave birth to a child who matched this description, and the Prophet said,

(Were it not for the Book of Allah, I would deal with her.) This version was recorded only by Al-Bukhari, but the event has been narrated with additional chains of narration from Ibn `Abbas and others. Imam Ahmad recorded that Sa`id bin Jubayr said: During the governorship of Ibn Az-Zubayr I was asked about the couple who engage in Li`an, and whether they should be separated, and I did not know the answer. I got up and went to the house of Ibn `Umar, and said, ”O Abu `Abdur-Rahman, should the couple who engage in Li`an be separated'' He said, ”Subhan Allah, the first one to ask about this was so-and-so the son of so-and-so. He said, `O Messenger of Allah, what do you think of a man who sees his wife committing an immoral sin If he speaks he will be speaking about something very serious, and if he keeps quiet he will be keeping quiet about something very serious.' ﴿The Prophet ﴾ kept quiet and did not answer him. Later on, he came to him and said, `What I asked you about is something with which I myself being tested with.' Then Allah revealed the Ayat,

(And for those who accuse their wives,) until he reached:

(That the wrath of Allah be upon her if he speaks the truth.) He started to advise the man and remind him about Allah, and told him that the punishment of this world is easier than the punishment of the Hereafter. The man said: `By the One Who sent you with the truth, I was not telling you a lie.' Then the Prophet turned to the woman and advised the woman and reminded her about Allah, and told her that the punishment of this world is easier than the punishment of the Hereafter. The woman said, `By the One Who sent you with the truth, he is lying.' So ï´¿the Prophet ï´¾ started with the man, who swore four times by Allah that he was one of those who speak the truth, and swore the fifth oath that the curse of Allah would be upon him if he were lying. Then he turned to the woman, who swore four times by Allah that he was lying, and swore the fifth oath that the wrath of Allah would be upon her if he was telling the truth. Then he separated them.'' It was also recorded by An-Nasa'i in his Tafsir, and by Al-Bukhari and Muslim in the Two Sahihs.