وَالَّذينَ يَرمونَ أَزواجَهُم وَلَم يَكُن لَهُم شُهَداءُ إِلّا أَنفُسُهُم فَشَهادَةُ أَحَدِهِم أَربَعُ شَهاداتٍ بِاللَّهِ ۙ إِنَّهُ لَمِنَ الصّادِقينَ
وَالخامِسَةُ أَنَّ لَعنَتَ اللَّهِ عَلَيهِ إِن كانَ مِنَ الكاذِبينَ
As for those who accuse their wives, but have no witnesses except themselves, then the testimony of one of them shall be a fourfold testimony [sworn] by Allah that he is indeed stating the truth,
and a fifth [oath] that Allah’s curse shall be upon him if he were lying.
EXEGESIS
For yarmūna (accuse) see the commentary on verse 4.
Laʿnah means to be far away from that which is good.[1] Here it means to be far removed from God’s mercy.[2] The term liʿān (mutual cursing) comes from this.
EXPOSITION
Verse 6 and the following three verses relate one more ruling related to the case of zināʾ which forms an exception to the ruling of slander laid out in the previous two verses. It deals with the issue of those who might find their own wife cheating on them; would they too be punished for slander if they speak out and do not have witnesses other than themselves? These verses explain that if they do not wish to keep silent about it, they may take recourse to a process known as liʿān (mutual cursing),[3] in which the accuser swears a total of five oaths. If the accused admits to the sin, she will face the punishment. If she rejects the accusation, she too must swear a total of five oaths to exonerate herself. If after the accusation has been made either of the two refuses to swear the oaths (fearing God’s punishment), they will be punished with the punishment of either slander or zināʾ. If they both go ahead with the oaths, doing so results in their irrevocable divorce, and they may never remarry.[4] They may never remarry because whether or not the accusation is true, undergoing such a process has destroyed any mutual trust and love, which is the required basis for a successful marriage.[5]
If the woman was pregnant, the child is entrusted to her custody and is not considered the man’s offspring for legal purposes.[6] It has been said that this is one of the reasons why recourse to liʿān is offered, because otherwise if a man saw his wife being unfaithful and kept quiet and she then gave birth, he would be legally responsible for that child and should take care of it. Obviously if he felt the child is not his, such a situation would not be in the interest of either the child or the father. This would also cause discrepancies in lineage, which would lead to many other problems.[7] As further protection for the child, the child is not to be considered an illegitimate child (walad al-zināʾ), and anyone calling the child that is liable to be punished for slander.[8]
Another important reason is so that husbands do not take matters into their own hands and do anything violent in jealous rage, but rather God has commanded them that if they wish they may have recourse to liʿān, but nothing further than that. This is also what is indicated in many reports where the Prophet asks some of his companions what they would do if they found someone else with their wife, to which some replied they would kill them, after which this verse was revealed.[9]
It also protects women from baseless accusations, ensuring that they are not punished based on a husband’s false accusation and have a means of separating with their honour intact.[10]
As for those who accuse their wives: like in the previous verses, the specification of what accusation is meant is omitted, but it is clear from the context that it intends zināʾ.
The accusation cannot be made on simple speculation. The husband should actually witness the act of adultery and swear accordingly that he has done so. Failing this, he will be punished for slander if the wife seeks it.[11] Of course, he can divorce his wife if he suspects she has committed adultery, but it is not allowed for him to accuse her on mere suspicion.
But have no witnesses except themselves: it is not a necessity for the accuser to initiate the process of liʿān or to publicly accuse his wife, for he may very well keep quiet about it and simply divorce her. But if he makes a public accusation and does not bring the necessary number of witnesses, then he will be punished for slander, or he must then initiate the process of liʿān.[12]
Then the testimony of one of them: even though the verse uses the expression testimony (shahādah) it is often argued by the scholars that it means an oath (yamīn), as indicated in the statement by Allah. Though some have argued that it is a testimony and have used as evidence a report from Imam al-Ṣādiq (a) that states the one whose testimony is rejected because of slander (see the commentary on verse 4) will have their testimony for liʿān also rejected, suggesting it is not an oath, but a testimony.[13]
Shall be a fourfold testimony [sworn] by Allah that he is indeed stating the truth: the accuser testifies four times corroborated by four oaths that his accusation is true and his wife has indeed committed adultery. He does this by stating ushhidu bil-lāhi annī la-mina al-ṣādiqīn (I bear witness by God that I am indeed stating the truth). These four testimonies are considered to replace the four witnesses generally required for the accusation of zināʾ.[14]
Unfortunately, it is easy for some people to lie and to swear even the most powerful of oaths invoking the holy name of God. Because of this a fifth invocation has been stipulated, which should hopefully stir the emotions and the conscience of even such people. Only the most hardened of hearts would be willing to invoke the curse of God upon themselves for a lie.[15]
INSIGHTS FROM HADITH
- It is related with some minor variations in several different reports that before this verse was revealed, the Muslims complained to the Prophet regarding a man who may witness his own wife cheating on him; if he came forth about it, he would be punished for slander and lashed eighty; if he left to go and find more witnesses the fornicator would be finished with his wife before that (and in some versions, if he killed either of them he would be put to death). The Prophet said that he had not received any more revelation about the matter. It is said that this verse was revealed shortly thereafter when a man (often named as Hilāl ibn Umayyah)[16] passed by his garden and witnessed a man in the act of adultery with his wife. He then came to the Prophet and complained about what had happened and how he saw his own wife cheating on him. People then gathered and said what they had complained about had come to pass. As they were debating, revelation began to descend on the Prophet; seeing him overcome by revelation, the people grew silent out of respect, waiting to be informed what had been revealed. After the descent of revelation had completed, the Prophet collected himself and turned to Hilāl, saying: ‘Good news Hilāl, God has provided a solution.’ Hilāl replied: ‘I was hopeful that would happen.’ The Prophet then sent for the woman and they performed the process of liʿān, after which the Prophet ordered them to separate and declared them divorced and that any child should be considered only the mother’s, but that the child should not be disparaged in any way.[17] Some other reports indicate that this event actually happened shortly after the revelation of the verse.[18] In many of the versions of the report the woman was pregnant and gave birth.
Note: The revelation of Quranic verses in response to a situation or a problem that had arisen was very common, and it was more powerful and effective than revealing the rulings simply as legislation relating to hypotheticals, as it allowed the Muslims to feel that God was constantly guiding their community and looking after their needs.[19]
- From Dāwūd ibn Farqad, that he heard Imam al-Ṣādiq (a) say that the companions of the Prophet had asked Saʿd ibn ʿUbādah: ‘If you were to find a man laying on your wife’s belly, what would you do?’ He said: ‘I would strike him with my sword.’ The Prophet then happened upon them and said: ‘What is going on Saʿd?’ Saʿd said: ‘They asked me what I would do if I were to find a man laying on my wife’s belly, and I said that I would strike him with my sword.’ The Prophet said: ‘Saʿd! What about four witnesses?’ He said: ‘O Messenger of God [are they even needed], after I have seen it with my own eyes and God knows that he has done it!’ The Prophet said: ‘Yes, by God. [Even] after you have seen it with your own eyes and God knows that he has done it. This is because God – mighty and glorious – has placed a limit (ḥadd)[20] for everything, and has placed a ḥadd (punishment) for everyone who exceeds that limit.’[21]
Note: This hadith is considered authentic[22] and emphasises what the Quranic ruling on the matter is, namely that it is not for anyone to dispense the punishment of their own accord.
- From Muhammad ibn Sulaymān, that he asked Imam al-Jawād (a): ‘Why is it that if a husband slanders his wife he may swear four oaths to God, whilst that is not allowed for others, and if someone other than the husband slanders, they will be punished with the ḥadd, even if it is a son or a brother?’ The Imam answered: ‘Abū Jaʿfar [Imam al-Bāqir] (a) was asked about this and he replied: “Have you not considered the fact that if a husband slanders his wife he will be asked: ‘How do you know this?’ If he says: ‘I saw it with my own eyes,’ he may then swear the four oaths to God. This is because a husband may enter into those private places where others should not intrude – not even a son or a father – during the night and day. Because of this he may swear the four oaths to God, provided he says: ‘I saw it with my own eyes.’ However, if he were to say: ‘I didn’t actually see it,’ he will be punished as a slanderer, like anyone else, unless he can bring evidence against her. If someone other than the husband should make such accusations and say: ‘I saw it with my own eyes,’ he would be told: ‘And how did you come about to see it? How come you intruded into such places on your own? Your claim is questionable, and even if you are telling the truth your integrity is questionable. So we must teach you some manners by carrying out the punishment of God on you.’” So it is that the husband’s oaths to God take the place of the testimonies of the four witnesses. For each witness, one oath.’[23]
Note: As the hadith plainly states, it is possible and feasible for a person to catch his wife cheating on him, whereas other people have no business intruding upon another person’s bedroom and private quarters. Additionally, if one catches his wife committing adultery, it is not feasible that they go and search for other witnesses. In this case they may take recourse to liʿān if they so wish.
- From Zayd ibn Nāfiʿ, that the Prophet said to Abū Bakr: ‘If you were to find some man with your spouse, what would you do?’ He replied: ‘I would kill him.’ The Prophet then asked the same from ʿUmar who answered in the same way, and people agreed with the opinion of Abū Bakr and ʿUmar. He then asked the same from Suhayl ibn al-Bayḍāʾ who said: ‘I would say: “May God curse you for you are an impure woman, and may God curse you for you are an impure man, and may God curse the first of us three who speaks of this to others.”’ The Prophet then said: ‘You have spoken according to the Quran, O Ibn al-Bayḍāʾ. If he kills him, he shall be put to death. If he slanders him, he will be lashed. If he slanders her they shall undergo liʿān.’[24]
- From ʿAbbād ibn Ṣuhayb, that Imam al-Ṣādiq (a) was asked about a man who began performing the oaths of liʿān and had sworn two oaths and then regretted and taken back his accusation before finishing all the oaths. The Imam said: ‘He will be punished for slander and him and his wife will not be forcefully separated.’[25]
REVIEW OF TAFSĪR LITERATURE
It has been said that the process of liʿān should be done in the holiest of places available in order to instil reverence and fear, hopefully leading to honesty. Hence, they should go to the mosque or other holy place, and if they are not Muslims then to a place holy to them, or if they are irreligious then to a gathering of people that they respect.[26]
Some have also mentioned that the process should be done in front of witnesses in addition to the judge.[27] Others have considered that the event should not be publicised and as few people as possible should know about it.[28]
As for its time it has also been mentioned that it should be done after the ʿaṣr prayer, with reference to verse 5:106.[29]
INSIGHTS FROM OTHER TRADITIONS
In the Torah, the book of Numbers describes a process somewhat similar to liʿān, except the cursing is considered to be quite literally a magical type of curse which would affect the woman if she has been unfaithful:
- The Lord spoke to Moses, saying: Speak to the children of Israel and say to them: If any man’s wife goes astray, and acts treacherously against him, and a man lies with her carnally, and it is hidden from the eyes of her husband, and it is concealed though she has defiled herself, and there is no witness against her, nor is she caught in the act, and if the spirit of jealousy comes on him, and he is jealous of his wife who has defiled herself, or if the spirit of jealousy comes on him and he is jealous of his wife, though she has not defiled herself, then the man shall bring his wife to the priest and he shall bring her offering for her, a tenth of an ephah of barley flour. He shall pour no oil on it nor put frankincense on it, for it is a grain offering of jealousy, a grain offering of remembrance, bringing iniquity to remembrance. The priest will bring her near, and set her before the Lord. And the priest will take holy water in an earthen vessel, and the priest will take some of the dust that is on the floor of the tabernacle and put it into the water. And the priest will set the woman before the Lord, and uncover the woman’s head, and put the memorial offering in her hands, which is the grain offering of jealousy, and the priest will have in his hand the bitter water that causes the curse. And the priest will charge her by an oath, and say to the woman, “If no man has lain with you, and if you have not gone astray to impurity with another instead of your husband, be free from this bitter water that causes the curse. But if you have gone astray to another instead of your husband, and if you are defiled, and a man besides your husband has lain with you”— then the priest will charge the woman with an oath of cursing, and the priest will say to the woman, “The Lord make you a curse and an oath among your people, when the Lord makes your thigh rot and your belly swell. And this water that causes the curse will go into your bowels, to make your belly swell and your thigh rot.”
And the woman will say, “Amen, amen.” The priest will write these curses in a book, and he will wash them out with the bitter water. And he will cause the woman to drink the bitter water that causes the curse. And the water that causes the curse will enter into her and become bitter. Then the priest will take the grain offering of jealousy out of the woman’s hand and will wave the offering before the Lord and offer it on the altar. And the priest will take a handful of the offering, the memorial portion, and burn it on the altar, and afterward will cause the woman to drink the water. When he has made her to drink the water, then it will be that, if she is defiled and has acted treacherously against her husband, the water that causes the curse will enter into her, and become bitter, and her belly will swell, and her thigh will rot, and the woman will be a curse among her people. If the woman is not defiled, but is clean, then she will be free and will conceive offspring. This is the law of jealousies, when a wife goes astray to another instead of her husband, and is defiled, or when the spirit of jealousy comes on him, and he is jealous over his wife, and will set the woman before the Lord, and the priest will perform on her all this law. Then the man will be guiltless from iniquity, and this woman will bear her iniquity.’[30] Another prescription of the Torah for a case where the husband suspects that his bride was not a virgin as claimed is found in Deuteronomy, where the woman is then checked for being a virgin and if she is found to be so the husband is whipped for false slander and is forced to remain married to that woman and never allowed to divorce her. If she is found to be not a virgin she will be stoned to death:
- If any man takes a wife and goes in to her and then hates her and accuses her of misconduct and brings a bad name upon her, saying, ‘I took this woman, and when I came near her, I did not find in her evidence of virginity,’ then the father of the young woman and her mother shall take and bring out the evidence of her virginity to the elders of the city in the gate. And the father of the young woman shall say to the elders, ‘I gave my daughter to this man to marry, and he hates her; and behold, he has accused her of misconduct, saying, “I did not find in your daughter evidence of virginity.” And yet this is the evidence of my daughter’s virginity.’ And they shall spread the cloak before the elders of the city. Then the elders of that city shall take the man and whip him, and they shall fine him a hundred shekels of silver and give them to the father of the young woman, because he has brought a bad name upon a virgin of Israel. And she shall be his wife. He may not divorce her all his days. But if the thing is true, that evidence of virginity was not found in the young woman, then they shall bring out the young woman to the door of her father’s house, and the men of her city shall stone her to death with stones, because she has done an outrageous thing in Israel by whoring in her father’s house. So you shall purge the evil from your midst.[31]
[1] Tahqiq, 10/202, l-ʿ-n.
[2] Nemuneh, 14/384.
[3] Or mulāʿanah, or talāʿun.
[4] Tibyan, 7/412-413; Tabrisi, 7/203; Tabari, 18/67; Thalabi, 7/72; Nemuneh, 14/381-382. Abū Ḥanīfah, amongst some others, has allowed them to remarry if the man takes back his accusation, admits he lied, and suffers the ḥadd punishment of slander; Razi, 23/335; Sharīf al-Murtaḍā, al-Intiṣār (Qum: Muʾassasat al-Nashr al-Islāmī, 1415 AH), p. 267.
[5] Nemuneh, 14/382-383.
[6] Tibyan, 7/412; Thalabi, 7/72; Razi, 23/334; Nemuneh, 14/381-382.
[7] Razi, 23/332.
[8] As per a report from Imam al-Ṣādiq (a). See Kafi, 6/164; Faqih, 4/323; Wasail, 26/268-269, h. 32979-32981; Nur 3/576-577. The same is also reported from the Prophet (Haythami, 6/280).
[9] See for example Suyuti, 5/24.
[10] Nemuneh, 14/382.
[11] Imam Khomeini, Taḥrīr al-Wasīlah (Tehran: Muʾassasat Tanẓīm wa Nashr Āthār al-Imām al-Khumaynī, 1434 AH), 2/386. See also Kafi, 6/167; Faqih, 3/539, h. 4857.
[12] See Zamakhshari, 3/215.
[13] Najafī, Jawāhir al-Kalām (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 AHS), 34/63. See also Alusi 9/303-304.
[14] Tibyan, 7/412. For detailed discussions on the actual process of liʿān and how it is done, one should refer to the works of the jurists. See also the reports in Faqih, 3/536-537, h. 4852-4853.
[15] See Fadlallah, 16/242-243.
[16] In some reports it is mentioned that it was revealed about ʿĀṣim ibn ʿUdayy (Tibyan, 7/413), in others that his name was ʿUwaymir ibn Sāʿidah (Qummi, 2/98), or ʿUwaymir ibn Naṣr (Alusi, 9/302). In some others he is simply an unnamed man from the Anṣār.
[17] Tabrisi, 7/201-202; Tabari, 18/65-66; Thalabi, 7/68-69; Zamakhshari, 3/215-216. See also Kafi, 6/163; Faqih, 3/540, h. 4858; Qummi, 2/98-99; Bukhari, 6/3-4; Ibn Majah, 1/668, h. 2067; Abu Dawud, 1/501-502, h. 2253-2254; Tirmidhi, 2/336-337, h. 1217; Nasai.K, 6/172-173; Suyuti, 5/21-24. The version in Qummī gives the event as happening after the Battle of Tabūk, which would mean this verse was revealed in the year 9 AH, but it is very unlikely that this verse should have been revealed so much later than the rest of Sūrat al-Nūr.
[18] Tabari, 18/67.
[19] See Sharawi, pp. 10207-10208.
[20] Ḥadd also refers to the maximum legal penalty.
[21] Kafi, 7/176; Faqih, 4/24-25, h. 4992; Wasail, 28/14, h. 34099.
[22] Najafī, Jawāhir al-Kalām (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 AHS), 41/369.
[23] Kafi, 7/403. For a similar hadith see also Barqi, 2/302-303; Faqih, 3/539, h. 4857.
[24] Suyuti, 5/24. For a similar report see Ṭabarānī, al-Muʿjam al-Awsaṭ, (N.p.: Dār al-Ḥaramayn, 1995), 8/107; Haythami, 5/12.
[25] Kafi, 6/163.
[26] Thalabi, 7/71. See also Ṭūsī, al-Mabsūṭ (N.p.: al-Maktabah al-Murtaḍawiyyah, 1351 AHS), 5/197. There are some disagreements about where non-Muslims should do it. See for example Zamakhshari, 3/215.
[27] Thalabi, 7/71.
[28] Nemuneh, 14/382-383. Ṭūsī does not consider witnesses necessary, only the judge. See Ṭūsī, al-Mabsūṭ (N.p.: al-Maktabah al-Murtaḍawiyyah, 1351 AHS), 5/198.
[29] Ṭūsī, al-Mabsūṭ (N.p.: al-Maktabah al-Murtaḍawiyyah, 1351 AHS), 5/197.
[30] Numbers 5:11-31.
[31] Deuteronomy 22:13-21.