and on the fifth time: “May the curse of Allah be upon him if he is lying.” Then she says four times: “I testify by Allah that he has indeed lied in accusing me of zina.” Then, on the fifth time, she says: “May the wrath of Allah be upon her if he is telling the truth.”
His statement, “and on the fifth time: ‘May the curse of Allah be upon him if he is lying’”: Thus, there must be five declarations beginning with “I testify by Allah.” On the fifth, he adds, “May the curse of Allah be upon him.” Yet the pronoun here is in the third person; the husband, however, renders it in the first person, saying, “May the curse of Allah be upon me,” rather than, “upon him.” But the use of the third-person pronoun is a matter of propriety in wording, so that the speaker does not ascribe the curse to himself.
His statement, “May the curse of Allah be upon him if he is lying,” is a supplication that the curse be upon him, made conditional upon his being among the liars.
It is understood from this formulation, which Allah mentions in the Quran, that such wording carries the ruling of an oath. Thus, if a person—for example, wishing to affirm something—were to say concerning some report, “May the curse of Allah be upon him if he is lying,” this is regarded as an oath, because Allah called it a testimony and the Prophet (peace and blessings be upon him) called it oaths.
His statement, “I testify by Allah that she has committed zina”: If he were to say, “I testify by Allah that this wife of mine is an adulteress,” then according to the madhhab it is not valid. Some scholars, however, said that it is valid, because Allah did not mention this in the Quran: “Then the testimony of one of them shall be four testimonies by Allah that he is indeed telling the truth.” [Quran 24:6] Allah, Exalted is He, did not mention the words, “She has committed zina,” or, “She is an adulteress.” Thus, if he uses wording that indicates this, whether the expression is “she has committed zina” or “she is an adulteress,” the essential point is that it explicitly states zina, whether in verbal or nominal form; then it is valid. This is the correct view.
His statement, “Then she says four times”: that is, after the husband has finished.