Tuesday, February 21, 2012

Laws of Lea’an: The Story of Helal ibn Umayya and his Wife.



And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after.-(24:4)

When the Prophet declared this verse standing on the Mimbar of the Masjid Un-Nabbi, the peoples, those were present, debating on it with a lower voice. Their question were-“If someone found one involved in adultery and failed to produce four eye witnesses, then he shall be lashed with eighty lashes and his testimony shall be denied forever- with this fear he will shut his mouth up and will not raise a complaint of adultery against them. But for the case of husband, it is too sensitive for him when he will discover it with his own eyes yet unable to produce four eye witnesses. 

Now, if he will open his mouth, he will be lashed for adopting a slander on his wife. On the other hand, if he will shut his mouth up, then he will be tortured mentally rest of his life, which will be unbearable for him.”
So they said, “O Rasulullah, when someone shall go to find eye witnesses, will not the culprits leave enjoying themselves?”

Sa'd bin Ubada, the leader of the Ansar said, "Is this how it was revealed, O Rasulullah." 
The Prophet said: "O Ansar, did you hear what your leader said." 
They said, "O Rasulullah, 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 Rasulullah, 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 few days later, when Helal ibn Umayya [one of the three whose repentance had been accepted]returned home from the field in the evening, he saw with his own eyes a man in the bed with the wife and heard their conversation with his own ears. But, without doing anything, he spent the night calmly. Then in the morning after the prayer, he describes the ins and outs of the fact to Muhammad. The incident seems too serious to the Prophet and he was extremely upsetted too.

On the other hand, the Ansars, those were present there said to Helal, “Now you will going to be punished with "80 lashes" according to Shariah and your testimony will be denied forever as you have no four eye witnesses.”
The Prophet said, “It’s true that the punishment is a must without four eye witnesses.”
So Helal said, “Swear Allah, I am honest on the subject. So, He [Allah] will surely save my back from the punishment.”

Then the Laws of Lea’an reveled- And those who accuse their wives (of adultery) and have no witnesses except themselves- then the witness of one of them (shall be) four testimonies (swearing) by Allah that indeed, he is of the truthful. And the fifth (oath will be) that the curse of Allah be upon him if he should be among the liars. But it will prevent punishment from her if she gives four testimonies (swearing) by Allah that indeed, he is of the liars. And the fifth (oath will be) that the wrath of Allah be upon her if he was of the truthful. -(24:6-9)

After these verses, the Prophet called Helal and said to him, "O Helal, Allah has made a way out for you."
He said, "Allah, my Lord, may He be glorified." 

The Prophet then sent for his wife. And she came and said, “My husband Helal ibn Umayya imposed a false slander on me.”
The Prophet said, “Any of you are a liar and Allah knows it well. So, will any of you repent and reveal the truth fearing the punishment of Allah?”
Helal said, “I told you nothing but the truth.” So the Prophet ordered both of them for a Lea’an.

First Helal was Lea’aned. He said-“By Allah, surely I am truthful.” And he said it four times. And on the 5th, the prophet said to him, “Fear Allah. The punishment in the Hereafter is too severe. The 5th testimony is the last token for you and in the hereafter, you will be judged based on this.”
But Helal said, “The Curse of Allah be upon me if I would be among the liars.”

And then the wife of Helal was Lea’aned. She said four times-“Swear upon Allah, surely I am truthful.”
And on the 5th testimony, when the Prophet said, “This is your last testimony. So fear Allah. Surely the punishment of Allah in the hereafter will be more severe than the punishment prescribed here.”
Hearing this, she hesitant to take the 5th oath for sometime, but then she said, “For God’s seek, I do not let my family head down nor will I let my tribe to be shamed and harassed.”
And she said on the 5th testimony, “If my husband is honest and truthful then the curse of Allah be upon me.”

After completing the proceeding of Lea’an, the Prophet separated them both and said to them, “He who is liar among you, his punishment will be severe in the hereafter, but he will get remission from the worldly punishment.”

A man who was present there said, “Now if Helal’s wife is pregnant, then what will be the settlement of the child after born?”
The Prophet said, “If she is pregnant, then the child will born shall be known to her mother and shall never be affiliated with the father. And the child shall never be criticized by any of you. and whoever accused her or her child, they would be subject to punishment. He also decreed that Helal 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.''
Ikrama 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 Helal 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."
Helal 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-[24:6]. When the revelation had finished, the Prophet sent for them both. Helal 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 Lea'an, and whether they should be separated, and I did not know the answer. I got up and went to the house of ibn Omar, and said, "O Abu Abdur-Rahman, should the couple who engage in Lea'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, the Prophet 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.

The End.
Not Yet Verified.

No comments:

Post a Comment