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Sahih al-Bukhari 5349 (Book 68, Hadith 94) #5123
Separation by Divorce in Cases of Accusation

SUMMARY: This hadith is about a couple who were accused of illegal sexual intercourse and the Prophet (ﷺ) separated them by divorce.

Narrated Sa'id bin Jubair: I said to Ibn 'Umar, "If a man accuses his wife of illegal sexual intercourse (what is the judgment)?" He said, "Allah's Prophet separated the couple of Bani 'Ajlan (when the husband accused his wife for an illegal sexual intercourse). The Prophet said, 'Allah knows that one of you two IS a liar; so will one of you repent?' But they refused. He then again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But they refused, whereupon he separated them by divorce". Aiyub (a subnarrator) said: 'Amr bin Dinar said to me, "In the narration there is something which I do not see you mentioning, ie the husband said, "What about my money (Mahr)?' The Prophet said, "You are not entitled to take back money, for if you told the truth you have already entered upon her (and consummated your marriage with her) and if you are a liar then you are less entitled to take it back.
حَدَّثَنَا عَمْرُو بْنُ زُرَارَةَ، أَخْبَرَنَا إِسْمَاعِيلُ، عَنْ أَيُّوبَ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ، قَالَ قُلْتُ لاِبْنِ عُمَرَ رَجُلٌ قَذَفَ امْرَأَتَهُ فَقَالَ فَرَّقَ نَبِيُّ اللَّهِ بَيْنَ أَخَوَىْ بَنِي الْعَجْلاَنِ وَقَالَ ‏"‏ اللَّهُ يَعْلَمُ أَنَّ أَحَدَكُمَا كَاذِبٌ، فَهَلْ مِنْكُمَا تَائِبٌ ‏"‏‏.‏ فَأَبَيَا، فَقَالَ ‏"‏ اللَّهُ يَعْلَمُ أَنَّ أَحَدَكُمَا كَاذِبٌ، فَهَلْ مِنْكُمَا تَائِبٌ ‏"‏‏.‏ فَأَبَيَا، فَفَرَّقَ بَيْنَهُمَا‏.‏ قَالَ أَيُّوبُ فَقَالَ لِي عَمْرُو بْنُ دِينَارٍ فِي الْحَدِيثِ شَىْءٌ لاَ أَرَاكَ تُحَدِّثُهُ قَالَ قَالَ الرَّجُلُ مَالِي‏.‏ قَالَ ‏"‏ لاَ مَالَ لَكَ، إِنْ كُنْتَ صَادِقًا فَقَدْ دَخَلْتَ بِهَا، وَإِنْ كُنْتَ كَاذِبًا فَهْوَ أَبْعَدُ مِنْكَ

TOPICS
accusation  *  divorce  *  marriage  *  liar  *  repentance  *  qadhf  *  zihar  *  mahr

QUICK LESSONS:
Be honest in your dealings with others; Respect marriage; Avoid making false accusations against anyone else; Do not lie or make false accusations against anyone else for any reason whatsoever; Take responsibility for your actions; Repent when you have done wrong

EXPLANATIONS:
This hadith is about a situation where a husband accuses his wife of illegal sexual intercourse. The Prophet (ﷺ) then separates them by divorce as he knows that one of them must be lying. He gives both the husband and wife an opportunity to repent, but they refuse. The Prophet then makes it clear that if the husband was telling the truth, he has already consummated his marriage with her so he cannot take back his money or mahr. If he was lying, then he is even less entitled to take it back. This hadith teaches us that we should not accuse others without proof as it can lead to serious consequences such as separation through divorce. We should also be honest in our dealings with others and not lie or make false accusations against anyone else for any reason whatsoever.

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