Chapter on Mutual Cursing (li'an)

"Lian (the mutual curse between spouses) does not take place unless the man has consummated the marriage with his wife."

Hadith.4852 - Al-Bazanti asked Abu Al-Hasan Imam Ali ibn Musa Ar-Ridha (as): "May Allah (swt) rectify your affairs, how is the procedure of liʿan (mutual cursing) carried out?" Imam (as) replied: "The Imam sits with his back facing the Qibla, placing the man on his right side and the woman along with the child on his left side."

Hadith.4853 - In another narration, it is described that the man stands and swears four times by Allah (swt), saying: "Indeed, I am of the truthful in what I have accused her of." Then the Imam says to him, "Fear Allah (swt), for the curse of Allah (swt) is severe." The man then says, "May the curse of Allah (swt) be upon me if I am among the liars in what I have accused her of." Then the woman stands and swears four times by Allah (swt), saying, "Indeed, he is among the liars in what he has accused me of." The Imam then says to her, "Fear Allah (swt), for the anger of Allah (swt) is severe." She then says, "May the anger of Allah (swt) be upon me if he is among the truthful in what he has accused me of."

I asked Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as) about a free man performing liʿan (mutual cursing) against a female slave. Imam (as) replied: "Yes, if it was her master who married her to him."

"He is given a choice between two options. It is said to him: 'If you wish, you can accept the blame upon yourself, in which case the prescribed punishment (ḥadd) will be carried out on you, and you will be entitled to her inheritance. However, if you choose to admit to your accusation, you must perform liʿan (mutual cursing) with her closest living relative, and in that case, you will not inherit from her.'"

I asked him: "May I be sacrificed for you, why is it that when a man accuses his wife of adultery, his testimony consists of four oaths by Allah (swt), but if someone else, such as a father, brother, son, or even a stranger - accuses her, he is subjected to the ḥadd punishment unless he provides clear evidence for his claim?" Imam (as) replied: " Imam Jafar ibn Muhammad Al-Sadiq (as) was asked the same question and said: 'If a husband accuses his wife and claims, "I saw it with my own eyes," his testimony is four oaths by Allah (swt). However, if he says he did not see it himself, he is told to bring evidence for his claim, and if he fails, he is treated like anyone else.' This is because Allah (swt), the Almighty, has given the husband a special access to his wife that no one else has-neither a father, a son, nor anyone else. He has access to her day and night, so it is valid for him to say, 'I saw.' But if anyone else were to say, 'I saw,' it would be said to him, 'How did you have access to such a place to witness this alone? You are under suspicion and must be subjected to the ḥadd punishment that Allah (swt) has prescribed for you.'"

Abbad Al-Basri asked Abu Abdullah (as), while I was present with him, "How does a man invoke the mutual imprecation (li'an) against his wife?" Imam (as) replied: "A man from among the Muslims came to the Messenger of Allah (swt) (peace be upon him and his family) and said: 'O Messenger of Allah (swt), what do you say about a man who enters his house and finds another man with his wife, engaged in intercourse, what should he do about them?' The Messenger of Allah (swt) (peace be upon him and his family) turned away from him, and the man left. That man was, in fact, the one who had been afflicted with this situation concerning his wife. Then, revelation descended from Allah (swt), the Almighty, with the ruling regarding their case. The Messenger of Allah (swt) (peace be upon him and his family) sent for the man and called him. He (sw) said to him: 'Are you the one who saw a man with your wife?' He replied: 'Yes.' The Prophet (peace be upon him and his family) then said: 'Go and bring your wife to me, for Allah (swt), the Almighty, has revealed the ruling concerning you and her.'" The husband brought his wife, and the Messenger of Allah (swt) (peace be upon him and his family) had her stand before him (sw). The Prophet (peace be upon him and his family) said to the husband: "Bear witness four times by Allah (swt) that you are among the truthful in what you have accused her of." The man testified accordingly. Then the Messenger of Allah (swt) (peace be upon him and his family) said: "Pause," and He (sw) admonished him, saying, "Fear Allah (swt), for the curse of Allah (swt) is severe." He (sw) then instructed him: "Now bear witness the fifth time that the curse of Allah (swt) is upon you if you are among the liars." The man testified the fifth time. The Prophet (peace be upon him and his family) then ordered that the man be set aside and turned to the woman, saying: "Bear witness four times by Allah (swt) that your husband is among the liars in what he has accused you of." She testified accordingly. The Prophet (peace be upon him and his family) then said: "Pause," and He (sw) admonished her, saying, "Fear Allah (swt), for the anger of Allah (swt) is severe." He (sw) then told her: "Now bear witness the fifth time that the anger of Allah (swt) is upon you if your husband is among the truthful in what he has accused you of." She testified the fifth time. The Prophet (peace be upon him and his family) then separated them and said: "You two can never be joined together in marriage again after you have both engaged in liʿan."