Divorce (Kitab Al-Talaq)

Dawud :: Book 12 : Hadith 2247

Narrated Abdullah Ibn Abbas:

Hilal ibn Umayyah was one of three people whose repentance was accepted by Allah. One night he returned from his land and found a man with his wife. He witnessed with his eyes and heard with his ears. He did not threaten him till the morning.

Next day he went to the Apostle of Allah (peace_be_upon_him) in the morning, and said: Apostle of Allah! I came to my wife at night and found a man with her. I saw with my own eyes and heard with my own ears. The Apostle of Allah (peace_be_upon_him) disliked what he described and he took it seriously.

Thereupon the following Qur'anic verse came down: "And those who make charges against their spouses but have no witnesses except themselves, let the testimony of one of them...."

When the Apostle of Allah (peace_be_upon_him) came to himself (after the revelation ended), he said: Glad tidings for you, Hilal. Allah, the Exalted, has made it easy and, a way out for you.

Hilal said: I expected that from my Lord. The Apostle of Allah (peace_be_upon_him) said: Send for her. She then came. The Apostle of Allah (peace_be_upon_him) recited (the verses) to them that the punishment in the next world was more severe than that in this world.

Hilal said: I swear by Allah, I spoke the truth against her. She said: He told a lie.

The Apostle of Allah (peace_be_upon_him) said: Apply the method of invoking curses on each other. Hilal was told: Bear witness. So he bore witness before Allah four times that he spoke the truth.

When he was about to utter a fifth time, he was told: Hilal, fear Allah, for the punishment in this world is easier than that in the next world; and this is the deciding one that will surely cause punishment to you.

He said: I swear by Allah. Allah will not punish me for this (act), as He did not cause me to be flogged for this (act). So he bore witness a fifth time invoking the curse of Allah on him if he was one of those who told lies.

Then the people said to her: Testify. So she gave testimony before Allah that he was a liar.

When she was going to testify a fifth time, she was told: Fear Allah, for the punishment in this world is easier than that in the next world. This is the deciding one that will surely cause punishment to you.

She hesitated for a moment, and then said: By Allah, I shall not disgrace my people. So she testified a fifth time invoking the curse of Allah on her if he spoke the truth.

The Apostle of Allah (peace_be_upon_him) separated them from each other, and decided that the child would not be attributed to its father. Neither she nor her child would be accused of adultery. He who accused her or her child would be liable to punishment. He also decided that there would be no dwelling and maintenance for her (from the husband), as they were separated without divorce.

He then said: If she gives birth to a child with reddish hair, light buttocks, wide belly and light shins, he will be the child of Hilal. If she bears a dusky child with curly hair, fat limbs, fat shins and fat buttock he will be the child of the one who was accused of adultery. She gave birth to a dusky child with curly hair, fat limbs, fat shins and fat buttocks.

The Apostle of Allah (peace_be_upon_him) said: Had there been no oaths I should have dealt with her severely.

Ikrimah said: Later on he became the chief of the tribe of Mudar. He was not attributed to his father.