When was Mutta Prohibited??

[zainabia]

Bismillah

 

Salam Alaikum

 

I am a new member and want to say Hallo to all here.

 

I read brother Nur's thread about "Shia Fiqh". There are some points which I want to make clear.

 

Let's start it from Mutah

 

So, in name of Allah, we start our discussion.

[zainabia]

(Brother Nur, I hope you will not mind for this new thread. It is only an attempt to make people realise why these differences exists.

 

So, with your permission)

 

When Was Mutta

Prohibited?

According

to Sunnis, Muta was practiced till 7th Hijri (i.e. after migration to

Madina). This is agreed by almost all sunnis. But the argument

lies whether it was prohibited later on by Allah or not. Before i

continue, this point must be remembered that Muta was once allowed in

Islam, so why criticize it such that it was a thing of pre-islamic

days?

The

Quranic Verses that Sunni brothers quote for prohibition of Muta are

in Surahs, which are by Ijma revealed in Mecca or in initial time of

Madina. Maulana Modoodi checked all these quranic verses and came

to conclusion that it is only conjecture to say that these verses

prohibit Muta.(Please see his

Tafheem-ul-Quran, Tafseer of verse 5 of Sura Mominoon)

 

Some

people fabricated Ahadith to prove that quran prohibited Muta.

Unfortunately, our sunni brothers still quote these Ahadith. Such

fabricated ahadith are listed below.

 

Hadith

1

Abdullah Ibn 'Abbas (r.a.a.) said: "Temporary

marriage was at the beginning of Islam. A man comes by a town where

he has no acquaintances, so he marries for a fixed time depending on

his stay in the town, the woman looks after his provisions and

prepares his food, until the verse was revealed: "Except to your

wives or what your right hands possess." Ibn 'Abbas explained

that any relationship beyond this is forbidden. [narrated

by Tirmidhee]

 

Objection: Contrary to

above Hadith, Ibn Abbas was the person who very very strongly

promoted Mutta and even fought people for that. There are a lot of

Ahadith which confirm this fact. The above hadith claims that Ibn

Abbas said that muta became Haram after the revelation of verse

"Except to your wives or what your right hands possess."

Now this verse is either in Sura Nisa,

or in Sura Muminoon (23rd Sura).

And by Ijma of Sunni Ulama, Sura Muminoon was revealed in Mecca

and Sura Nisa was revealed in the very early part of Madinan Life.

While Muta was practiced(according to Sunnies) at least till 7th

Hijri.

 

Hadith 2

'A`isha said: "It

has been forbidden in the Qur'an in the words of the Most High: "And

those who preserve their private parts except with their spouses or

what their right hands posses, then they would have no blame."

[23:5].

 

Objection:

Verse [23:5] is from Sura

Muminoon, which is by Ijma revealed in Mecca. Please see

introduction to this Surah by Maudoodi. Extremist Sunni brothers

forcefully try to deduce the result that it prohibits Muta. But

understanding of Rasool Allah (saww) is contrary to these people and

he allowed Sababa to perform Mutta long long after revelation of this

verse.

 

Summary of all Ahadith which

Prohibit Muta

 

There are only 4 such

Ahadith, which are transmitted by only 3 Sahaba (through different

chains). Please don't get confuse when Sunni brothers present a

lot of Ahadith. If you see the chain, then they return to only these

3 persons.

 

The names of these 3 companions are:

1)

Rabi Ibn Sabra (who narrates it from his father Sabra Jahani)

2)

Ali Ibn Talib

3) Salma b. al-Akwa'

 

ALL

narrations of these 3 companions are CONTRADICTORY to each other. All

these narrations from these 3 companions are contradictory to each

other with respect to the "Time of Prohibitition Of Mutta"

 

1)

Hadith of Ali claims Muta was prohibitted in 7th Hijri (at

Khaiber)

 

2) In one Hadith, Ibn Sabra claims

that Muta was prohibited in 8th Hijri (at victory of Mecca).

While in other tradition, this same Ibn Sabra claims that Mutta

was prohibited in 10th Hijri (at Last Pilgrimage Hujjatul Wida)

 

3)

While Salma b. al-Akwa claims that Mutta was prohibited in 9th

Hijri (i.e. in year of Autas, which was after battle of

Hunain)

 

They cannot simulteneously use all these 3

in order to prove prohibitation of Mutta by Rasool Allah (saww). In

comparison to above mentioned 3 Reports (which even contradict each

other), there are witnesses of 20+ Sahaba and Tabaeen, which are

UNNANIMOUS that it was Umar who forbade Muta.

 

Narrated

'Imran bin Husain: "The Verse of Mut'a was revealed in

Allah's Book, so we did it at the time of Allah's Apostle, and

nothing was revealed in Quran to make it illegal, nor did the Prophet

prohibit it till he died. But a man (who regarded it illegal)

expressed what his own mind suggested."

Sahih

al-Bukhari, Arabic-English, v6, Hadith #43

Sahih al-Bukhari,

Arabic, v2, p375, v6, p34

Musnad Ahmad Ibn Hanbal, v4, p436

on the authority of 'Imran Ibn al-Qasir

 

Narrated

'Abdullah Ibn Masud: We used to participate in the holy battles

led by Allah's Apostle and we had nothing (no wives) with us. So we

said, "Shall we get ourselves castrated?" He forbade us

(to castrate ourselves) and then allowed us to marry women with a

temporary contract (Mut'a) and recited to us: 'O you who believe!

Make not unlawful the good things which Allah has made lawful for

you, but commit no transgression.' (5.87)

Sahih

al-Bukhari, Arabic-English version, v7, Tradition #13a

Sahih

al-Bukhari, Arabic, v6, p11, under Tafsir of verse 5:87 of

Quran

Sahih Muslim, Arabic version, 1980 Edition Pub. in

Saudi Arabia, v2, p1022, Tradition #11, "Kitab al-Nikah, Bab

Nikah al-Mut'a"

Sahih Muslim, English version, v2,

chapter DXLI (titled: Temporary Marriage), Tradition #3243

[Please

Note: Ibn Masood mentioned the verse (5:87)

i.e. Sura Maida, which was revealed

after Hudaybiyyah i.e. in 7th Hijri]

 

Another

companion who opposed this innovation of Umar, was his own son!! His

name was Abdullah Ibn Umar. He was in favor of both Mut'a of Hajj and

Mut'a of women. I give two traditions expressing each Mut'a. It is

narrated in Sahih al-Tirmidhi that: "some one asked Abdullah

Ibn Umar about Mut'a (of Hajj), he said: It is permitted (Halaal). So

he was asked: your father forbade it. He said: Do you think that my

father can forbid what the Prophet did? Should I follow what my

father said, or should I follow what the Prophet ordered? The man

said: Of course the orders of the Prophet (&HF)."

Sahih

al-Tirmidhi, v1, p157

Tafsir al-Qurtubi, v2, p365, reported

from al-Darqunti

 

"Ali said: The Mut'a

is a mercy from Allah to his servants. If it were not for Umar

forbidding it, no one would commit (the sin of) fornication except a

(Shaqi/Shafa)."

Bidayat

al-Mujtahid, by Ibn Rushd, v2, p58

al-Nihaya, by Ibn

al-Athir, v2, p249

al-Faiq, by al-Zamakhshari, v1,

p331

Lisan Al-Arab, Ibn Mandhoor, v19, p166

Taj

al-Aroos, v10, p200

Fat'h al-Bari, v9, p141

Kanz

al-Ummal, by al-Muttaqi al-Hindi, v8, p293

Al-Iqd Al-Fareed,

v2, p139

Umadat al-Qari,

by al-'Ayni, v8, p310, (reports Mut'a was Halaal at the

time of the Prophet + Abu Bakr + some of the Umar's period.)

 

Imran

Ibn Sawadah reported: I went to Umar's house and told him that

I want to give him some advice. His reply was, "The person

giving good advice is welcomed anytime." I said, "Your

community finds fault with you on four accounts." Umar put

the top of his whip in his beard and the lower part on his thigh.

Then he said, "Tell me more." I continued, "It has

been mentioned that you declared the lesser pilgrimage forbidden

during the months of pilgrimage..." He answered, "It is

permitted. (But the reason that I forbade it was that) if they were

to perform the lesser pilgrimage during the months of the pilgrimage,

they would regard it as being a lieu of the full pilgrimage, and

(Mecca) would be celebrated by no one, although it is part of God's

greatness. You are right."

 

I continued, "It

is also said that you have forbidden temporary marriage, although it

was a license given by God. We enjoy a temporary marriage for a

handful (of dates), and we can separate after three nights." He

replied, "The Messenger of God permitted it at the time of

necessary. Then people regained their life of comfort. I do not know

any Muslim who has practiced this or gone back to it (after I

forbade). Now, anyone who wishes to, can marry for a handful (of

dates) and separate after three nights. You are right." I

continued, "You emancipate a slave girl if she gives birth,

without her master's (consenting to) the emancipation... (and the

fourth complain is) There have been some complaints of your raising

your voice against your subjects and your addressing them harshly."

...

History of al-Tabari, English

version, v14, pp 139-140

 

Abu Nadhra said:

Ibn Abbas commanded to do Mut'a while Ibn Zubair forbade to do it.

I mentioned this to Jabir Ibn Abdillah and he said: It is through me

that this Hadith has been circulated. We did Mut'a (of Hajj and

women) at the time of the Messenger of Allah. When Umar was installed

as Caliph, he said: Verily Allah made permissible for his Messenger

whatever He like and as He liked. And its command was revealed in

Quran. Thus accomplish Hajj and Umra for Allah as Allah has commanded

you, and confirm (by reverting to permanent marriage) the marriages

of those women (with whom you have performed Mut'a). And any

person would come to me with a marriage of appointed duration (i.e.

Mut'a) I would stone him.

Sahih

Muslim, English version, v2, chapter CDXLII, Tradition #2801

Sahih

Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p885,

Tradition #145.

Jabir Ibn Abdullah

reported: "We contracted temporary marriage giving a

handful of the dates or flour as a dower during the life time of

Allah's Messenger (may peace be upon him) and during the time of Abu

Bakr until Umar forbade it because of Amr Ibn Huraith.

Sahih

Muslim, English version, v2, chapter DXLI (titled: Temporary

Marriage), Tradition #3249

Sahih Muslim, Arabic version,

1980 Edition Pub. in Saudi Arabia, v2, p1023, Tradition #16, "Kitab

al-Nikah, Bab Nikah al-Mut'a"

 

Ibn

Juraih reported: Ata' reported that Jabir Ibn Abdullah came to

perform Umra, and we came to his abode, and the people asked him

about different things, and then they made a mention of temporary

marriage, whereupon he said: Yes, we had been benefiting ourselves by

this temporary marriage during the life time of the Holy Prophet (may

peace be upon him) and during the time of Abu Bakr, and Umar.

Sahih

Muslim, English version, v2, chapter DXLI (titled: Temporary

Marriage), Tradition #3248

Sahih Muslim, Arabic version,

1980 Edition Pub. in Saudi Arabia, v2, p1023, Tradition #15, "Kitab

al-Nikah, Bab Nikah al-Mut'a"

 

Muslim

al-Qurri said: I asked Ibn Abbas about Mut'a and he permitted it,

where as Ibn Zubair had forbidden it. So Ibn Abbas said: "This

is the mother of Ibn Zubair who states that Allah's Messenger had

permitted it, so you better go to her and ask her about it. He

(Muslim al-Qurri) said: So we went to her and she was a bulky blind

lady. She said: Verily Allah's Messenger permitted it.

Sahih

Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p909,

Traditions #194-195.

 

Ibn Hazm (d. 456)

who is one of the Sunni scholars, in his book "Muhalla"

gave the name of some of the companions and their disciples who

believed that Mut'a is Halaal. In the 9th section of the chapter

of Marriage in his book "Muhalla",

Ibn Hazm gives a detailed account of Mut'a and its regulations. Among

the numerous companions and their disciples who believed in

practicing Mut'a after the demise of the Prophet are:

 

Imam

Ali , Abu Dhar, Jabir Ibn Abdillah, Abdullah Ibn Abbas, Abdullah Ibn

Masud, Zubair Ibn al-Awwam, Imran Ibn Husain, Abdullah Ibn Umar, Ubay

Ibn Ka'ab, Abu Sa'id al-Khudri, Salamah Ibn Umayyah, Awka' Ibn

Abdillah, Salamah Ibn al-Awka', Khalid Ibn Muhajir, 'Amr Ibn Huraith,

Rabi'a Ibn Umayya, Suhair, Sa'id Ibn Jubair Tawoos, Qotadah, Mujahid,

Ataa al-Madani al-Suddy, and Imam al-Hasan , ...

 

004.082:

Do they not then meditate on the Quran? And if it were from

any other than Allah, they would have found in it many a

discrepancy.

How

nice is the verse 4:82 of Quran describes that one can find many

contradictions in something that is not from Allah.

 

There

are 7 Fabricated "AHAD" Ahadith, which contradict each

other. Two Sunni scholars: al-Qurtubi (in his commentary of Quran)

and al-Nawawi (in his commentary of Sahih Muslim) counted the no. of

Ahadith (which ban Mutta). At end, they come to conclusion

that there are 7 such Ahadith.

 

But they also

mentioned the following 2 facts about them:

1) All of

them are Ahad

2) All of them are contradicting

each other regarding the timings (i.e. when Rasool saww. banned

it)

 

I have collected these 7 timings here, so that

people can see the contradiction in those things, which they have

made themselves:

 

1st Timing:Reffered to

Hadhrat Aisha that she claimed it was banned in Mecca (surah

Mominun) (Quran 23:1-7)

 

2nd

Timing:Reffered to Ibn Abbas that he claimed it was

banned when Sura Nisa was revealed (in the very early years of

Madina)

 

3rd Timing:It was claimed that

it was made Haram when the following verse was revealed:"And

those who guard their private parts, except with their wives or the

slave girls who rightfully possess for (in their case) they are free

from blame. But those who go beyond that are transgressors."

(Quran 70:29-31)

But

the person, which fabricated this hadith, didn't know that this Surah

of al-Ma'arij (Ch 70) was revealed in Mecca, and

Mutta was practiced by Ijma of Sunnies till 7th hijri in

Madina.

 

4th Timing:Reffered to Ali that he

claimed it was banned in 7th Hijri.

 

5th

Timing:Reffered to companin Ibn Sabra Al-Juhani, that he

claimed it was banned in 8th Hijri at the time of victory of Mecca

(i.e. he practiced mutta with a woman of tribe of Bani Aamir)

 

6th

Timing: Reffered to companion Iyas ibn Salam, who claimed mutta

was practice till 9th Hijri and it was banned in the year of Autas

(after the battle of Hunain).

 

7th Timing:Again

reffered to Ibn Sabra Juhani that he claimed that Mutta was banned

in 10th Hifri at the time of last pilgrimage.

 

May

Allah's curse be upon those who fabricate ahadith and lie upon Rasool

Allah (saww).

 

Here is the Fatwa of Sunni Hadith Master "Hafidh

Jalaluddin Syuti" about Umar Ibn Al-Khattab.

"He

(Umar) is the first who made Mut'a forbidden (Haraam)."

Tarikh

al-Khulafaa, by al-Hafidh Jalaluddin al-Suyuti, p136

 

Also

Both Ibn Jarir al-Tabari and al-Zamakhshari narrated that:"al-Hakam

Ibn Ayniyah was asked if the verse of Mut'a of women is abrogated. He

answered: 'No'."

Tafsir

al-Tabari, under commentary of verse 4:24 of Quran, v8, p178

Tafsir

al-Kashshaf, by al-Zamakhshari, under the verse 4:24, v1, p519

 

Also

al-Qastalani wrote:The phrase "But a man said with

his opinion what he wished" (as was mentioned in the

authentic Sunni books such as Sahih al-Bukhari), is Umar Ibn

al-Khattab and not Uthman, because he was the first to forbid Mut'a.

So the one came after him (i.e., Uthman) was only following him in

that action."

al-Irshad, by

al-Qastalani, v4, p169

 

As proved that the

sunni hadiths claiming to ban Muta are extremeley contradictory to

one another and a fabrication, as the same sunni books also prove

that Muta was allowed till the era of Umer, who later forbade it.

According to shia traditions, only one kind of ahadith are found,

Muta was allowed by Allah as a mercy for Muslims, until Umer forbade

it and followed what his own mind said. And we, the shias tend to

Follow Allah and his Rasool (saww) and not Umar.

[zainabia]

Mutta is not Zina

==================

 

1) Mutta is not Zina. Can any one imagine that Sahaba and Sahabiat used to do Zina till 8th Hijri by the orders of Rasool (saw)?

 

 

Iddah [Muttah Vs. Zina]

=======================

 

2) In Muttah, there is Iddah (waiting period) is necessary for woman.

 

While in Zina there is no Iddah, but a woman can sleep with tens of Men at same time.

 

And when we show these brothers the Issue of Iddah, then these brothers still start denying that there is no Iddah in Muttah.

 

As answer, I respectfully say to these brothers that Allah (swt) revealed the orders of Iddah in Sura Nisah, which has been revealed by Ijmah in the very beginning period of Madina.

 

Now question is:

If there is really no Iddah in Muttah, then did all the Sahabaiat , who performed Mutta till 7th Hijri, did they go to new husbands without getting pure from their earlier husbands????

 

Decision lies in your hands.

 

 

4) A child born out of Mutta is ligitimate and all his expeses of growth, education, medical etc. is upon the husband.

 

This child has same rights in Property and all other things, like there is right of a child, who is born out of Nikah.

 

Now it is an invitation to those brothers who declare it to be Zina, to show us such rights of a child in father's property, who is born out of Zina.

 

 

Other major differences between Mutta and Zina

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

1)In prostitution, a woman can have sex with

several men at same time. While in Mutta, woman is allowed to have only one man a time. Afterwards, she has to get pure to have any relationship with other person.

 

 

2)Arabic Sentences must be pronounced while doing Mutta (same like Nikah)

 

 

3)Haq Mehr is obligatory in Mutta (just like

NIkah)

 

 

4) Man is responsible for the children. And these children have the same rights as children from Nikah.

 

 

5) If woman becomes pregnant in Mutta, then her

Iddah is till the delivery of child.

 

 

Was Salam.

[Emperor]

Asalam Alaikum

 

First sister im a bit confused here, not only because ur three long threads were not clear but because I dont have any idea of what mutta is all about.

 

Care to explain Mutta'a to some one who never heard of it?

 

Why do u think pple should do unnecessary thing while they have what it takes to do the necessary staff.

 

Cheers

[zainabia]

Originally posted by N_O_O_R:

Asalam Alaikum

 

First sister im a bit confused here, not only because ur three long threads were not clear but because I dont have any idea of what mutta is all about.

 

Care to explain Mutta'a to some one who never heard of it?

 

Why do u think pple should do unnecessary thing while they have what it takes to do the necessary staff.

 

Cheers

Bismillah

 

Salam Alaikum

 

Dear brother/(sister??) Noor, actually it is some times impossible to make all people happy.

 

(I hope you heard the story of donkey and father and son)

 

So, please excuse me for not giving the full introduction of Mutta Marriage (as this discussion was already done in thread of Brother NUR (both of you are "Lights" with slight difference of spellings. LoL)

 

==================

 

Anyhow, you are right that perhaps 60% Muslims have never heard the name of Mutah Marriage before.

 

Let me give you a short introduction

 

In Islam, there were 3 types of marriages allowed.

 

1) Nikah Marriage (or permanant marriage)

 

2) Mutah Marriage (or temporary marriage)

 

3) Marriage with slave girls.

 

All these 3 types of marriages took place in times of Rasool Allah (saw) and Sahaba Karaam and Sahabiat did all 3 of them.

 

Muttah marriage is same as Nikah (except the limitation of time). For example for Mutah marriage following conditions are required.

 

1) Man and woman must agree on this this (i.e. Ijjab and Qabool)

(same as Nikah)

 

2) All women forbidden for Nikah, are also forbidden in Muttah (like mother, sister, daughter, foster sister....etc.)

 

3) Haq Mehr must be given by husband. (same as Nikah)

 

4) Woman must be pure before getting into Muttah marriage (like divorced woman has to get pure by observing Iddah before she gets marry again).

 

5) Chlidren belongs to husband (same as Nikah). And father is responsible for education and growth of children. There is no difference between children of Nikah and Muttah marriage.

 

...... etc.

 

The difference between Nikah and Muttah is only this that in Muttah, there is a certain limit of time, and after this woman automatically gets divorce.

(and after divorce she has to observe Iddah once again).

 

================

 

Now there is a dispute if Muttah marriage is still Halal in Sharia, or has been prohibited.

 

All Muslims believe that Muttah marriage was atleast practiced till 7th Hijri (Fatah of Khaiber) i.e. Sahaba and Sahabiat did this mutah marriage from the orders of Rasool Allah (saw) till 7th Hijri.

 

Our Ahle Sunnah brothers claim that after 7th Hijri, Rasool Allah (saw) prohibited it.

 

While Shias believe that Rasool Allah (saw) never prohibited it whole of his life, but it was prohibited years later by Hadhrat Umar, when he became caliph.

 

So Shias also say that Sharia is from Allah (swt) and no one has right to make any Halal of Sharia Haram and prohibiting from Muttah marriage is a Bidah of Dhlalah (misguidance).

 

=======================

 

Among Ahadith of Ahle Sunnah, there are 7 Ahadith which show that Rasool Allah (saw) prohibited it during his own life.

 

But all 7 of them are contradictory to each other and showing different different timings.

 

As compared to these 7 contradictory Ahadith, there is testimony of 20+ Sahaba and Tabaeen, which are unanimous that it was forbidden later on by Hadhrat Umar.

(And all these testimonies are recorded in Ahle Sunnah Ahadith books).

 

As far as Shia Ahadith books are concerned, there is almost Tuwatur that it was Hadhrat Umar who later forbade it.

 

============================

 

So brother NOOR, this is a short introduction and history of Muttah marriage.

 

Hope it helps.

 

Was Salam.

[qatari_1979]

On this issue, sufficient proof from the Sunnah is provided for us by the authentic mutawatir traditions reported from the Imams of the pure family. The two Shaykhs, al-Bukhari and Muslim, have reported many authentic traditions on the legislation of this type of marriage from Salma b. al-Aqwa, Jabir b. `Abd Allah, `Abd Allah b. Mas’ud, Ibn `Abbas, Abu Dharr al-Ghaffari, `Imran b. Husayn, al-Aqwa b. `Abd Allah al-Aslami and Sabra b. Ma’bad. The traditions of all of these people are reported by Ahmad b. Hanbal in his Musnad. He also reported the hadith of `Umar and of his son, `Abd Allah.

 

Muslim, in the chapter on the Mutah marriage, in the book of marriage, in the first volume of his Sahih has reported from Jabir b. `Abd Allah and Salma b. al-Aqwa, the two said: "The caller of the Prophet of God (P) came to us and said: `The Prophet of God has permitted you to perform Mutah, that is the Mutah with women.'" The authentic traditions of this purport are more than can be examined in this treatise.

The people of the four schools of thought and other jurists of the masses have claimed that this type of marriage has been abrogated and forbidden. They claim that there are traditions reported by the two Shaykhs in their Sahih books, so we examined them impartially and free from prejudices. In them we found [so many] contradictions concerning the time of the issuance of the abrogation that we cannot have confidence in it (the abrogation). Indeed some of them are clear that the abrogation was on the day of Khaybar, some claim that the abrogation was on the day of the conquest (of Mecca); some of them maintain that it occurred at the battle of Tabuk, while some claim that it happened at the time of the final pilgrimage. Some of them maintain it happened at the time of the `Umrah al-Qaza whilst some of them say it happened in the year of Awtas (battle of Hunayn). Moreover, these are opposed by what you will read from the Sihahs of al-Bukhari and Muslim which prove that there was no abrogation and that the prohibition and interdiction were issued by the second Caliph due to an unforeseen act of `Amr b. Harith which occurred in his time. Before it, the companions were performing the Mutah at the time of the two Caliphs, just as they were performing the Mutah at the time of the Prophet of God (S.A.W.). You will read the speech of `Imran b. Husayn, `Abd Allah b. Mas’ud, `Abd Allah b. `Umar, and `Abd Allah b. `Abbas and the Commander of the Faithful. You will see it clearly that the prohibition was not from the Almighty Allah, nor from His Prophet, peace be upon him, rather, it was from `Umar. It is impossible that there would be an abrogation which [all] these people would be ignorant of. The status of their knowledge and position in front of Prophet of God, and their close attachment to him (P) are known. If there was an abrogation, those who were aware of it would have informed them of it (the abrogation). However, since no one opposed them in their attributing the prohibition to `Umar himself, we realize that they all acknowledged it and they accepted that there was no abrogation from God, the Almighty, nor from His Prophet (P).

 

Moreover, the second Caliph himself did not claim abrogation [of the verse on Mutah], as you will read from his clear speech in his attributing the prohibition and interdiction to himself. If there was an abrogating verse from the Almighty Lord, or from His Prophet (P), he would have attributed the prohibition to the Almighty Lord, or to the Prophet, that is the most effective [way] of preventing [accusations] and most appropriate [thing] to mention.

 

I believe that those who came after the time of the companions forged the traditions on abrogation to justify the opinion of the Caliph, for he interpreted the proofs and he prohibited and forbade [Mutah] promising punishment, saying: "I am prohibiting the two Mutahs which were at the time of the Prophet of God (P) and will punish those who undertake them, the Mutah of hajj and Mutah of women."

 

Amongst the strange claims of some later scholars is that the marriage of Mutah has been abrogated by the saying of the Almighty: "As for those who guard their private parts except from their spouses or what their right hand possess (23:5)." They claim that the woman with whom you do the Mutah is neither your spouse nor one whom your right hand possesses. They said: "As for their not being amongst whom your right hand possess, that [point] is certain; as for their not being your wives it is because there is no expenditure for them, nor do they inherit; moreover, one does not have to spend a night with them."

 

The answer: She is a legal wife contracted by a Shari marriage as you have read; the fact that there is no maintenance nor inheritance nor night to be spent is due to the special proofs which have been mentioned in the rulings of wives as we have explained before. Furthermore, this is a Meccan verse which was revealed before the emigration as agreed by all, so it is not possible for it to abrogate the verse which allows and legislates the Mutah [revealed in] Medina after the emigration as agreed by all.

 

A surprising thing from these [people] who burden themselves is that they claim that the verse of believers (23:5) abrogates the Mutah of women since they are not [considered to be] wives nor those whom the right hand possesses. We say to them: "Why does it [also] not abrogate the marriage of the slave girls to one who doesn't own them since they [also] are not considered wives of the one marrying them nor are they owned by them? They say at this point that the chapter of believers (chapter 23) is Meccan and the marriage to the slave girls mentioned has been legislated by the saying of the Almighty in the chapter of women which is Medinan: "And if it is not possible for any of you to marry the pure believing women, then marry amongst the believing girls whom your right hand possesses," so the Meccan Sura cannot abrogate the Medinan as the abrogated verse must come before the abrogating. They say this and they forget that the Mutah was [also] legislated in Medina, and that its verse is in the chapter of women also. We have been afflicted with a community which does not contemplate; from God we come and to him we shall return.

 

Muslim has reported in the chapter of Mutah of hajj and 'Umrah in his Sahih with a chain of authority to Abu Nazra who said: "Ibn `Abbas used to order the Mutah and Ibn al-Zubayr used to forbid it." This was mentioned to Jabir, he said: "In my hands the tradition revolved, we used to perform the Mutah with the Prophet of God (S.A.W) and when `Umar became the Caliph he said: `Indeed, Allah used to make halal for his Prophet what he wished as he wished. Complete the hajj and 'Umrah, and sever the marriage with these women; no man will come to me with a marriage to a woman for a specific period except that I will stone him.'"

 

This is what Ahmad b. Hanbal has reported about the tradition of `Umar in his Musnad. Reporting also from Abu Nazra - the words he uses are as follows: "Abu Nazra said: `I said to Jabir that Ibn al-Zubayr forbade the Mutah while Ibn `Abbas used to command it.' He said to me: 'The tradition has come from me, we used to perform the Mutah at the time of the Prophet of God (S.A.W.) and Abu Bakr. When `Umar became the Caliph he delivered a sermon to the people saying: `The Qur'an is the Qur'an, and the Prophet of God is the Prophet, there were two Mutahs at the time of the Prophet of God (P), one of them was the Mutah of hajj and the other was the Mutah of women.'"

 

It is clear and evident that the prohibition came from him after his becoming Caliph. Similar to this is the tradition of `Ata' reported by Muslim in the chapter of the Mutah marriage in his Sahih, he said: "Jabir b. `Abd Allah went for pilgrimage of Mutah so we came to him at his house. A group of people asked him a few things, and then they mentioned the Mutah to him. He said: `Yes, we performed the Mutah at the time of the Prophet of God (P) and Abu Bakr and `Umar.'" According to the hadith of Abu al-Zubayr, as in the afore-mentioned chapter in the Sahih of Muslim, he said: "I heard Jabir b. `Abd Allah saying: `We used to perform the Mutah with a handful of dates and flour (as dowries) at the time of the Prophet of God (P) and Abu Bakr until `Umar prohibited it because of the matter of `Amr b. Harith.'" Also, in the aforementioned chapter of the Sahih of Muslim, he reported from Abu Nazra who said: "I was with Jabir and somebody came to him and he said: `Ibn `Abbas and Ibn al-Zubayr have differed regarding the two Mutahs. 'Jabir said: 'We used to perform them at the time of the Prophet of God, and then `Umar forbade them.'"

 

The statement of `Umar whilst he was on the minbar spread (to the masses). "I am prohibiting the two Mutahs which were at the time of the Prophet of God and I will punish anyone who performs them, the Mutah of hajj and the Mutah of women." Al-Razi has transmitted this saying from him (`Umar) arguing by it on the prohibition of the Mutah of women, so refer to this verse in his Tafsir al-Kabir.

 

The Ash'ari theologian and their Imam in what is rationally and traditionally reported "al-Qushji" says in the later parts of the discussion on the Imamate in his great book called "Sharh al-Tajrid" that 'Umar said whilst he was on the minbar: "O people, there were three things at the time of the Prophet of God (P), and I forbid them and make them haram. I will punish anyone who commits them, the Mutah of women, the Mutah of hajj and [the saying of] "hayya 'ala khayril al-'amal" (hasten to the best of acts)." He justified it claiming that this was his personal reasoning and interpretation. The traditions on this and others like it are many and could fill the pages.

 

Rabi`a b. Ummaya b. Khalf al-Thaqafi, the brother of Safwan, performed the Mutah at the time of `Umar, according to what Malik has reported in the chapter of the marriage of Mutah in his Muwatta' from `Urwah al-Zubayr who said: "Indeed Khawla, the daughter of Hakim al-Silmiyya, entered to see `Umar and she said to him: `Rabi`a b. Ummaya has performed the Mutah with a lady who has become pregnant,' so `Umar went out pulling his robe, saying: `this Mutah, had I preceded it, I would have stoned for it,'" i.e., had I forbidden it and warned one who undertakes it with stoning before this time, I would have stoned Rabi`a and the lady who performed the Mutah. This was his stand before prohibiting it; this has been documented by Ibn `Abd al-Barr according to what al-Ruzqani reports from him in his commentary on the Muwatta'. There is no doubt that this speech shows that the disposal of the ruling on Mutah came from him, not from anybody else

[AbdAllah313]

Salaam,

 

There are a lot of logical reasons to ban mutta, as well as sound hadith and the unanimous consensus of all four mujtahid imams.

 

Think about the woman for a second! Or perhaps think about children born into a 'temporary marriage'. The effect against a stable family life is nearly as bad as that of zina.

 

Mutta was permitted for a limited time as a dispensation to ease the hardship of the new Muslims. It is *not* a good thing over the long term for a society, which was why it was later forbidden.

 

Remember the Noble Prophet (saw) said to avoid those matters which are doubtful--especially when this doubtful could be zina. Masha Allah, mutta isn't a problem for ahl as-sunnah, but I'd even advise shia who fear Allah to restrain their desire and avoid this highly doubtful (to say the least) practice.

[OG_Girl]

*****EDITED*****

[Mutakalim]

I see no point in replying to people who merely cut and paste. The least they can do is paraphrase the author's argument. By the way, where is Nur?

[OG_Girl]

I see no point in replying to people who merely cut and paste. The least they can do is paraphrase the author's argument. By the way, where is Nur?

Exactly... I put my comment and deleted cause NO point of it at all....you right Nur would enjoy painting people as a "kuffar"....loooooooooool

 

Thanks to him...I stoped reading any one here... as you see I just come after you cause I am just "little stalker"...I go by your post ...lol

 

Salam

[Abdi2005]

Shias can talk how much they want Umar(ra) did not forbid muta it was the Messenger of Allah(saw) who did. Ahlul sunnah unanimously agree that muta is haram, the Messenger of Allah (saw) had forbidden temporary marriage on the day of Khaybar and this hadith is muttawathir.

 

 

The Shi'ia themselves have a Ahaadeeth narrated by Ali(ra) which states that the Prophet(saw) made Mut'a a Haram on the day of Khaiber Book of Tahdeeb: vol. 7, pg. 251, rewaya 10. The shia say that Ali(ra) lied for the purposes of safety (taqqiya). In Book of Istebsar: vol. 3, pg. 142, rewaya 5, there is a declaration by Ali(ra) that Mut'aa a is Haram. Again they accuse Ali(ra) of lying for safety reasons (taqqiya).

[OG_Girl]

Every one can say what they want. Doesn't mean you wrong when you say what you want and not necessary other is wrong.

 

If you just strach your imagination, either you and I were there..we got from our beloved Book with our beloved writer.

 

History is just writen by people and is common sense they will write the way they see it and goes with their "Human" logic.

 

But to say " my" kind of Ijtahad is Allah's word or Prophet that is when I decided to throught all my religion books.

 

Salam

[Mutakalim]

Originally posted by OG_Girl:

Exactly... I put my comment and deleted cause NO point of it at all....you right Nur would enjoy painting people as a "kuffar"....loooooooooool

 

 

Salam

With all due reverence, I completely disagree with your statement. I did not insinutate what you wrote. My query "where is Nur" was save a geniuine question; he has not been posting of late, hence my query.

[OG_Girl]

Mutakalim , don't be defensive..that was my words using bro Nur as an example. Relax no one will say you who agree with me :rolleyes:

 

 

Salam

[Mutakalim]

OG_Girl

 

Good. I think that this misunderstanding has been mended. And yes, I believe we have doctrinal similarites.

 

With Salaams

PK