Mutah
pleasure marriage
We
knew before that when Islam appeared, there were false customs and traditions known in the pre-Islamic era, and therefore when Islam appeared, it confronted the pre-Islamic era in matters ofbeliefwithout mercy (abandoning idols and worshipping the One Almighty God). Belief does not fall under matters of abrogation by mitigation, but it removed them from the beginning, and raised the banner of “There is no god but God… Muhammad is the Messenger of God.”
Then Islam came in matters of customs and traditions, and began to make them easy, because people were used to them, so it took them with some kindness and leniency, and this was from the wisdom of the Sharia, as Islam did not make the rulings at first a coercive process that might result in imbalance in society and in existence as a whole, but rather took matters with leniency.
As it happens now with the treatment of an addict from a drug that he is addicted to, modern treatment has proven that the doses are gradually reduced until we finally stop taking them completely, and in this way we get rid of this destructive bad habit.
Temporary marriage was one of the bad habits in the pre-Islamic era, as was alcohol.
Temporary marriage was permissible at the beginning of Islam, then the permissibility was abrogated, and it became forbidden until the Day of Judgment.
But the enemies of religion wanted to make it one of the strange doubts that they impose on us. Who are they? They are those who rejected Islam as a religion and those who have gone astray from the path of Allah followed them.
These enemies of religion claim that temporary marriage is permissible, and there is no text prohibiting it referred to inthe Qur’anorSunnah... and the Christians followed them as an argument to create a doubt to cast doubt on the Islamic faith.
O creatures attributed to the human creature, you have gone astray, so Allah has led you astray.
Learn the fundamentals of religion before making lawful and unlawful based on whims, and do not tell lies about Allah, you deceivers.
Allah the Almighty says in
Al-Baqarah 235
In the name of Allah,
the Most Gracious, the Most Merciful. There is no blame upon you for what you make indirect proposals to women or conceal within yourselves. Allah knows that you will mention them. But do not make a secret promise to them except to say a proper word. And do not determine to tie the marriage knot until the term has reached its term. And know that Allah knows what is in your souls, so beware of Him and know that Allah is Forgiving and Forbearing.
Despite the frequent talk in this verse about marriage, we will take a part of it for the purpose required to explain and prove it through this verse.
The meaning of the word determination is: to think about the issue deeply and carefully in your soul until you settle on a firm opinion. Then you can accept marriage as a matter that has permanence and continuity, not just a passing desire that has no basis in the soul’s determination to do so.
Therefore, marriage that is based on lack of deliberation and is dependent on temporary reasons such as satisfying desire will not last and will not succeed. As for
temporary marriage, its prohibition is due to the fact that the one who enters into it does not intend to continue in married life, and as long as he does not intend permanence from it, it means that it is a goal for passing pleasure.
Those who permit temporary marriage are sick in their thinking, because they forget the element of the desire to perpetuate marriage.
So what is the need to restrict your marriage to a period?
The original marriage is of no benefit with such a period.
And contemplate, my brother in God, the foolishness of these people to learn that the issue is not a matter of marriage, but rather the issue is justifying adultery. Otherwise, why would a temporary marriage stipulate that he marry her for a month or more?
When a person stipulates that the marriage be restricted to a period, this is evidence of his stupid thinking and bad intentions, because a genuine marriage is one that enters into permanence, and he may end it after an hour if he finds that the matter is worth it, and no one will object to such behavior, so why do you restrict yourself to a period? The one who marries for pleasure is using his intelligence in the wrong place. He may be intelligent in one respect, but he is not intelligent, stupid, and ignorant in another respect.
A person must enter into marriage with determination after deep thought and deliberation, then carry out the determination to conclude the contract.
Beware of placing in yourself such a marriage tied to your own desires and goals, such as not permanence or for the purpose of pleasure only, because all the lustful and worldly desires that some people think about are fleeting desires.
Get rid of all these thoughts, because if you want something other than permanence in marriage and the desire to be chaste, then Allah Almighty knows it and will return your thoughts as a punishment to you, so beware of it,
for Allah Almighty does not warn a person from something unless it is something that angers Him.
Therefore, the Truth concludes this noble verse by saying: (( And know that Allah knows what is within yourselves, so beware of Him and know that Allah is Forgiving and Forbearing .))
Allah Almighty knows the weakness of the human soul and that it may weaken at times, so if something has happened from it, then Allah gives it the opportunity for its owner to repent because He Almighty is the Forgiving and Merciful.
This is the prohibition of pleasure marriage in the Qur’an by the Sharia,
and there is more to the hadith... By prohibiting pleasure marriage in the Sunnah,
knew before that when Islam appeared, there were false customs and traditions known in the pre-Islamic era, and therefore when Islam appeared, it confronted the pre-Islamic era in matters ofbeliefwithout mercy (abandoning idols and worshipping the One Almighty God). Belief does not fall under matters of abrogation by mitigation, but it removed them from the beginning, and raised the banner of “There is no god but God… Muhammad is the Messenger of God.”
Then Islam came in matters of customs and traditions, and began to make them easy, because people were used to them, so it took them with some kindness and leniency, and this was from the wisdom of the Sharia, as Islam did not make the rulings at first a coercive process that might result in imbalance in society and in existence as a whole, but rather took matters with leniency.
As it happens now with the treatment of an addict from a drug that he is addicted to, modern treatment has proven that the doses are gradually reduced until we finally stop taking them completely, and in this way we get rid of this destructive bad habit.
Temporary marriage was one of the bad habits in the pre-Islamic era, as was alcohol.
Temporary marriage was permissible at the beginning of Islam, then the permissibility was abrogated, and it became forbidden until the Day of Judgment.
But the enemies of religion wanted to make it one of the strange doubts that they impose on us. Who are they? They are those who rejected Islam as a religion and those who have gone astray from the path of Allah followed them.
These enemies of religion claim that temporary marriage is permissible, and there is no text prohibiting it referred to inthe Qur’anorSunnah... and the Christians followed them as an argument to create a doubt to cast doubt on the Islamic faith.
O creatures attributed to the human creature, you have gone astray, so Allah has led you astray.
Learn the fundamentals of religion before making lawful and unlawful based on whims, and do not tell lies about Allah, you deceivers.
Allah the Almighty says in
Al-Baqarah 235
In the name of Allah,
the Most Gracious, the Most Merciful. There is no blame upon you for what you make indirect proposals to women or conceal within yourselves. Allah knows that you will mention them. But do not make a secret promise to them except to say a proper word. And do not determine to tie the marriage knot until the term has reached its term. And know that Allah knows what is in your souls, so beware of Him and know that Allah is Forgiving and Forbearing.
Despite the frequent talk in this verse about marriage, we will take a part of it for the purpose required to explain and prove it through this verse.
The meaning of the word determination is: to think about the issue deeply and carefully in your soul until you settle on a firm opinion. Then you can accept marriage as a matter that has permanence and continuity, not just a passing desire that has no basis in the soul’s determination to do so.
Therefore, marriage that is based on lack of deliberation and is dependent on temporary reasons such as satisfying desire will not last and will not succeed. As for
temporary marriage, its prohibition is due to the fact that the one who enters into it does not intend to continue in married life, and as long as he does not intend permanence from it, it means that it is a goal for passing pleasure.
Those who permit temporary marriage are sick in their thinking, because they forget the element of the desire to perpetuate marriage.
So what is the need to restrict your marriage to a period?
The original marriage is of no benefit with such a period.
And contemplate, my brother in God, the foolishness of these people to learn that the issue is not a matter of marriage, but rather the issue is justifying adultery. Otherwise, why would a temporary marriage stipulate that he marry her for a month or more?
When a person stipulates that the marriage be restricted to a period, this is evidence of his stupid thinking and bad intentions, because a genuine marriage is one that enters into permanence, and he may end it after an hour if he finds that the matter is worth it, and no one will object to such behavior, so why do you restrict yourself to a period? The one who marries for pleasure is using his intelligence in the wrong place. He may be intelligent in one respect, but he is not intelligent, stupid, and ignorant in another respect.
A person must enter into marriage with determination after deep thought and deliberation, then carry out the determination to conclude the contract.
Beware of placing in yourself such a marriage tied to your own desires and goals, such as not permanence or for the purpose of pleasure only, because all the lustful and worldly desires that some people think about are fleeting desires.
Get rid of all these thoughts, because if you want something other than permanence in marriage and the desire to be chaste, then Allah Almighty knows it and will return your thoughts as a punishment to you, so beware of it,
for Allah Almighty does not warn a person from something unless it is something that angers Him.
Therefore, the Truth concludes this noble verse by saying: (( And know that Allah knows what is within yourselves, so beware of Him and know that Allah is Forgiving and Forbearing .))
Allah Almighty knows the weakness of the human soul and that it may weaken at times, so if something has happened from it, then Allah gives it the opportunity for its owner to repent because He Almighty is the Forgiving and Merciful.
This is the prohibition of pleasure marriage in the Qur’an by the Sharia,
and there is more to the hadith... By prohibiting pleasure marriage in the Sunnah,
quote
Muhammad ibn Abdullah ibn Numayr al-Hamdani narrated to us, my father, Wakee’ and Ibn Bishr narrated to us, on the authority of Ismail, on the authority of Qais, who said: I heard Abdullah say: We used to go on military campaigns with the Messenger of Allah, may Allah bless him and grant him peace, and we had no women with us. So we said: Shall we not castrate ourselves? So he forbade us from that, then he permitted us to marry a woman for a garment for a specified period. Then Abdullah recited: Allah {O you who have believed, do not prohibit the good things which Allah has made lawful to you and do not transgress. Indeed, Allah does not like transgressors . **
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1
Hadith 5171 - Marriage - Sahih al-Bukhari.
5171 - Malik ibn Ismail narrated to us, Ibn Uyaynah narrated to us that he heard al-Zuhri say: Al-Hasan ibn Muhammad ibn Ali and his brother Abdullah informed me, on the authority of their father, that Ali - may Allah be pleased with him - said to Ibn Abbas: The Prophet - may Allah bless him and grant him peace - forbade Mut'ah and the meat of domesticated donkeys at the time of Khaybar.
- Marriage - Sahih Muslim.
3499 - Abu Bakr ibn Abi Shaybah, Ibn Numayr, and Zuhayr ibn Harb all narrated to us on the authority of Ibn Uyaynah - Zuhayr said: Sufyan ibn Uyaynah narrated to us - on the authority of al-Zuhri on the authority of al-Hasan and Abdullah, the sons of Muhammad ibn Ali, on the authority of their father, on the authority of Ali that the Prophet, may God bless him and grant him peace, forbade temporary marriage on the day of Khaybar and the meat of domesticated donkeys.
2/
Sahih Muslim / 17 - Marriage - Sahih Muslim. In the name of Allah, the Most Gracious, the Most Merciful 17 - The Book of Marriage ... /
Hadith 3492 - Marriage - Sahih Muslim.
3492 - Amr al-Naqid and Ibn Numayr narrated: Sufyan ibn Uyaynah narrated from al-Zuhri from al-Rabi’ ibn Sabrah from his father that the Prophet - may Allah bless him and grant him peace - forbade temporary marriage .
3*/
3496 - Marriage - Sahih Muslim.
3496 - And Salamah ibn Shabib narrated to us, Al-Hasan ibn A’yan narrated to us, Ma’qil narrated to us, on the authority of Ibn Abi ‘Abla, on the authority of ‘Umar ibn ‘Abd al-‘Aziz, who said: Ar-Rabi’ ibn Sabrah al-Juhani narrated to us, on the authority of his father, that the Messenger of Allah, may Allah bless him and grant him peace, forbade Mut’ah and said: “ Behold, it is forbidden from this day of yours until the Day of Resurrection. And whoever gives “Anything, then he should not take it.”
So, pleasure was one of the customs of the pre-Islamic era, and the same story applies to the issue of alcohol, as people used to consume alcohol and then it was forbidden.
Also, pleasure was practiced by some of the companions when the battles were long, but not all of them because all of them were accompanied by their wives, on the one hand.
On the other hand, the battles were not 24/7, so we can say that they were widespread, especially the long battles.
So, the first hadith did not permit the Prophet (peace and blessings of Allah be upon him) to practice pleasure, but he was not given the order yet in dealing with the issue, knowing that the religion was not completed until 23 years, then after 3 days of the incident, pleasure was forbidden until the Day of Judgment.
As for the foolishness that the Shiites utter, that the Sunnis say it was forbidden in Khaybar and then in other places, which indicates the weakness of the hadiths, this is not a logical answer because if the prohibition occurred in more than one place, it indicates the severity of the prohibition.
4
Hadith 1147 - Marriage - Sunan Al-Tirmidhi.
1147 -Ibn Abi Omar narrated to us, Sufyan narrated to us, on the authority of Al-Zuhri, on the authority of Abdullah and Al-Hasan, the sons of Muhammad bin Ali, on the authority of their father, on the authority of Ali bin Abi Talib, that the Prophet, may God bless him and grant him peace, forbade the temporary marriage of women and the meat of domesticated donkeys during the time of Khaybar. He said: And in this chapter, on the authority of Sabrah Al-Juhani and Abu Hurairah. Abu Isa said: The hadith of Ali is a good and authentic hadith. This is the practice of the people of knowledge among the companions of the Prophet (peace and blessings of Allah be upon him) and others. It was narrated from Ibn Abbas that there was something of a concession in Mut’ah, then he retracted his statement when he was informed about it from the Prophet (peace and blessings of Allah be upon him), and the majority of the people of knowledge are of the opinion that Mut’ah is forbidden, and this is the opinion of al-Thawri, Ibn al-Mubarak, al-Shafi’i, and Ahmad. And Isaac .
This hadith explains to us why Jabir said that Omar forbade Mut'ah, and we enjoyed it during the era of the Prophet, may God bless him and grant him peace, and the era of Abu Bakr. That is, Jabir did not know that it was forbidden, because Mut'ah was not a problem, that is, it was not widely practiced in all circumstances, but rather less than a little, and during long battles.
For that,
Sunan Ibn Majah / 10 - Marriage - Sunan Ibn Majah. 10 - Book of Marriage /
Hadith 2039 - Marriage - Sunan Ibn Majah.
2039 - Muhammad ibn Khalaf al-Asqalani narrated to us, al-Firyabi narrated to us, on the authority of Aban ibn Abi Hazim, on the authority of Abu Bakr ibn Hafs, on the authority of Ibn Umar, who said: When Umar ibn al-Khattab took office, he addressed the people and said: The Messenger of God, may God bless him and grant him peace, permitted us to engage in Mut’ah for three days, then he forbade it. By God, I do not know of anyone who engaged in Mut’ah while he was married, except that I stoned him. With stones, unless he brings me four witnesses who testify that the Messenger of Allah permitted it after he had forbidden it. So
Omar, may Allah be pleased with him, did not invent anything on his own, but when he heard that some people still believed in its permissibility, he ascended the pulpit and swore that he would stone the one who committed it, since it was adultery. He challenged everyone, and no one objected, because everyone knew that it was forbidden, except for a few.
Then, if pleasure was permissible, the Prophet, may God bless him and grant him peace, would not have ordered the youth to fast, lower their gaze, and guard their private parts. (
23:5-7)
“And those who guard their private parts,
except from their wives or those their right hands possess, for indeed, they will not be blamed.
But whoever seeks beyond that, then those are the transgressors.”
So, as for lawful marriage and other things - including pleasure - then they are transgressions,
and God knows best.
The answer
is that temporary marriage is forbidden permanently, and temporary marriage is a temporary marriage for a known or unknown period. The legal ruling on temporary marriage is that it is forbidden, because of what Ahmad and Muslim narrated on the authority of Sabrah al-Juhani that he was with the Prophet, may God bless him and grant him peace, and he said: ( O people, I had given you permission to enjoy women, but God has forbidden that until the Day of Resurrection. So whoever has any of them, let him set her free and do not take anything of what you have given them ). Ahmad and Abu Dawud narrated on the authority of Sabrah al-Juhani ( that the Messenger of God, may God bless him and grant him peace, during the Farewell Pilgrimage forbade temporary marriage ). Temporary marriage is forbidden by the text of the hadith and not by the command of Umar. Umar does not have the power to permit or forbid, but rather he has the power to adopt a legal ruling that God has legislated, and he does not have the power to legislate. His opinion, like the opinion of any companion, is the opinion of an independent jurist and not by legal evidence. What was narrated that Umar forbade temporary marriage and the people obeyed him, then that was in implementation of a legal ruling that God has legislated and is not a command from Umar or an opinion of his, because some Muslims did not… Then they heard the hadith of the Messenger of Allah (peace be upon him) prohibiting Mut'ah, but they did not agree with it. So, 'Umar wanted to make them understand that it was prohibited, so he ordered its prohibition in order to convey that to those who had not yet heard it. His order was to implement a legal ruling, not an order from him. The Muslims obeyed him because of the hadith of Sabra, which explicitly stated the permanent prohibition, not because 'Umar ordered it. The Muslims are obligated to abide by what they have heard from the Lawgiver. The permanent prohibition has been confirmed by the authentic hadith of Sabra, so they took the permanent prohibition of the authentic hadith. Mut'ah is undoubtedly adultery, because it is a man having intercourse with a woman without marriage. Rather, it is making the woman's vagina permissible in a way that the law has permanently prohibited by the authentic hadith. So, it is adultery . Al-Bayhaqi narrated on the authority of Ja'far ibn Muhammad that he was asked about Mut'ah, and he said: It is adultery itself. Ibn Majah narrated on the authority of Ibn Umar with a sound chain of transmission that the Messenger of Allah (peace and blessings of Allah be upon him) permitted us to enjoy mut’ah for three days, then he forbade it. By Allah, I do not know of anyone who has enjoyed mut’ah while he is married , except that I stone him to death. This means that Ibn Umar believes that it is adultery and that the one who commits it should be punished according to the same ruling as the adulterer. The state punishes him according to his description as an adulterer, so it lashes him one hundred lashes if he is not married, and stones him if he is married. It is not considered a marriage in which there is doubt, such as a corrupt marriage, because it is not even a marriage, nor an invalid marriage. Rather, it is adultery committed by a married person, and its perpetrator will definitely live forever. However, if his school of thought permits mut’ah, such as the Ja’fari school of thought, then it should be looked into. If the Imam (i.e. the Caliph) has not adopted an opinion regarding mut’ah, then a ruling that contradicts his school of thought, which he is committed to, should not be applied to him. The school of Ja'far, like the school of Abu Hanifa, considers his ijtihad to be a legal ijtihad, and his opinion that he derived to be a legal ruling because he has a semblance of evidence, since he is a respected ijtihad who relies on evidence that he has. However, if the Imam has adopted the prohibition of Mut'ah and ordered its prohibition, then the one who commits it will be subject to the prescribed punishment, regardless of whether he is Hanafi or Ja'fari, because the Imam's order removes the dispute, and because the Imam's order is effective, both outwardly and inwardly, so the prescribed punishment for committing Mut'ah will be carried out on all people.
The Imamis - that is, the Ja'fariyya - say that Mut'ah is permissible.Its reality, according to them and in their books, is temporary marriage for a known or unknown period or its limit is up to forty-five days. The marriage is annulled by the expiry of the temporary period in the case of a woman whose menses have stopped, and by two menstrual periods in the case of a menstruating woman, and by four months and ten days in the case of a woman whose husband has died. Its ruling is that she is not entitled to a dowry other than the stipulated one, nor is she entitled to maintenance or waiting period except to purify herself as mentioned, nor is lineage established by it unless it is stipulated, and marriage is forbidden because of it. The evidence of the Imamis is that the Messenger of Allah (blessings and peace of Allah be upon him) permitted temporary marriage and the permission remained and he did not forbid it after permitting it. It was narrated from Ibn Abbas that the permission remained, and Ahmad narrated through Muammar with his chain of transmission that he was informed that Ibn Abbas permitted temporary marriage with women, so he said to him: The Messenger of Allah (blessings and peace of Allah be upon him) forbade it on the day of Khaybar and the meat of domestic donkeys, except that Al-Suhayli said: It is not known from the people of biography and narrators of hadiths that he forbade temporary marriage on the day of Khaybar. Abu Awana said in his Sahih: I heard the scholars say: The meaning of the hadith of Ali is that the Prophet (peace and blessings of Allah be upon him) forbade the meat of domesticated donkeys on the day of Khaybar, but he was silent about temporary marriage. And from Ibn Uyaynah that the prohibition at the time of Khaybar was on the meat of domesticated donkeys. Those who permit temporary marriage deny that the Prophet (peace and blessings of Allah be upon him) forbade temporary marriage on the day of Khaybar, and they cite as evidence for that the permission given after Khaybar in Hunayn and the year of the conquest. They say that the permissibility of temporary marriage is unanimously agreed upon, and what is unanimously agreed upon is definitive, and its prohibition is disputed, and what is disputed is conjectural, and conjectural does not abrogate definitive. They say that the reading of Ibn Abbas, Ibn Masoud, Ubayy ibn Kaab, and Saeed ibn Jubayr (Then whatever you have enjoyed of them for a specified term) is evidence for the permissibility of temporary marriage. These statements and evidence are invalid and not suitable for evidence . As for the Messenger, may God bless him and grant him peace, permitting temporary marriage, this is correct and there is no disagreement about it, but he forbade it after permitting it. First, when it was permitted, it was not a firm decision, but rather a permit, then this permit was abrogated by the prohibition of temporary marriage, a permanent prohibition. The issue is not related to a specific marriage that the Shari’ah has prescribed, but rather to a permit that the Shari’ah has permitted. The issue is also not whether the Shari’ah has permitted it, but rather the issue is the abrogation of this permit or its non-abrogation. When abrogation is valid, it must be adhered to and the abrogated ruling must be abandoned immediately. If the news of abrogation had come in a single report, it would have abrogated what was proven by continuous transmission and definitive evidence. The Muslims used to pray towards Jerusalem, their first qiblah, and this was proven by continuous transmission. When the prayer towards Jerusalem was abrogated, this reached the Muslims by way of single reports while they were praying, so they turned towards the Ka’bah while they were praying and completed their prayer. The abrogating ruling must be immediately adopted once the abrogation is proven, even through a single narration. The abrogation of the concession for temporary marriage by prohibiting it permanently is proven by the authentic hadith, so Muslims must adopt it and abandon the abrogated ruling. As for what was narrated from Ibn Abbas about the concession remaining, it was narrated from him that he retracted this statement after he heard the hadith prohibiting temporary marriage permanently. The retraction from Ibn Abbas was narrated by a group, including Muhammad ibn Khalaf, known as Waki’, in his book Al-Qarr min Al-Akhbar, with his chain of transmission connected to Sa’id ibn Jubayr. The retraction was also narrated by Al-Bayhaqi and Abu ‘Uwanah in his Sahih. Moreover, Ibn Abbas was a companion and his words are not a proof and his opinion is not a legal proof, so it is not suitable for use as evidence. As for what was narrated from ‘Ali that the prohibition in Khaybar was on the meat of domestic donkeys, but he was silent about temporary marriage, it was narrated from ‘Ali in the agreed upon Sahih books that contradicts that. On the authority of Ali, may God be pleased with him, ( that the Messenger of God, may God bless him and grant him peace, forbade temporary marriage and the meat of domestic donkeys at the time of Khaybar ), and in another narration ( He forbade the enjoyment of women on the day of Khaybar and the meat of domesticated donkeys . As for what was narrated from Ibn Uyaynah that the prohibition of domestic donkey meat during the time of Khaybar was correct, it is correct in terms of the narration of the incident of the prohibition during the time of Khaybar, because the Prophet, may God bless him and grant him peace, prohibited the meat of domestic donkeys in one incident, then after that he prohibited temporary marriage in another incident. Ibn Uyaynah narrated from Al-Zuhri with the wording that he prohibited eating domestic donkeys in the year of Khaybar and temporary marriage after that or on any other day. “Those who were not informed of the second prohibition said that the prohibition was only regarding the meat of domestic donkeys, and those who were informed of the first prohibition and the second prohibition combined them together and said that he prohibited the meat of domestic donkeys and temporary marriage, and both narrations are correct.” So the prohibition of temporary marriage was established on the day of Khaybar and is not contradicted by those who say that he only prohibited domestic donkeys because it is not suitable as evidence that he did not prohibit anything else, because a man’s failure to hear the second prohibition does not negate the hearing of others, so the failure of some narrators to hear the hadith prohibiting temporary marriage on the day of Khaybar does not undermine hearing. Who narrated the hadith prohibiting it on the same day of Khaybar, especially since it occurred in a second incident. As for their saying that the permissibility of Mut’ah is agreed upon and what is agreed upon is definitive, and their prohibition is conjectural and the conjectural does not abrogate the definitive, then the issue is the proof of abrogation and its non-proof, not the abrogator being conjectural and the abrogated being definitive, and the subject is not related to the narration of a text or even the narration of a ruling, rather the subject is whether this ruling was abrogated or not, so it is not a definitive abrogation based on conjecture, rather it is the abrogation of a ruling established by the Sunnah with a ruling established by the Sunnah, so the definitive and conjectural issue is not mentioned nor is it the subject of research, for the permissibility of Mut’ah was established by the Sunnah in the early days of Islam, and the prohibition of it in Khaybar was established by the Sunnah, then the permissibility of it in the year of the conquest was established by the Sunnah, and the prohibition of it in the year of the conquest itself was established by the Sunnah as a permanent prohibition .
The issue is not the abrogation of the Qur’an by the Sunnah, nor the abrogation of the mutawatir narration by a single report, but rather the abrogation of a ruling established by the Sunnah in a single report by a ruling established by the Sunnah in a single report. Therefore, the issue of certainty and conjecture, nor the issue of abrogating the certain by conjecture, does not arise. As for the reading of Ibn Abbas, Ibn Mas’ud, Ubayy ibn Ka’b and Sa’id ibn Jubayr, they are not Qur’an because they came by way of a single narration, and nothing is considered Qur’an except what came by way of mutawatir narration and what was presented to a group whose words constitute conclusive evidence, because the Qur’an is only what was transmitted by mutawatir narration and we know with certainty that it is from the Qur’an. This alone is the Qur’an and it is what constitutes evidence. As for what is other than that, it is not the Qur’an and is not evidence. Therefore, what was transmitted to us from it by a single narration, such as the Mushaf of Ibn Mas’ud and others, is not the Qur’an and is not evidence. Accordingly, this reading is not the Qur’an, nor is it Sunnah because it was narrated as Qur’an, so it is not considered evidence and it is not valid to use it as evidence. The evidence for the permanent prohibition of mut’ah is not the prohibition on the day of Khaybar, for the Messenger of God, may God bless him and grant him peace, permitted it after Khaybar in the year of the conquest. Rather, the permanent prohibition of mut’ah is established by its prohibition on the day of the conquest, and the text of its permanent prohibition in the text of the prohibition itself is established by the authentic hadith of Sabra. Ahmad and Muslim narrated on the authority of Sabra al-Juhani (that he fought with the Prophet, may God bless him and his family and grant them peace, to conquer Mecca. He said: We stayed there for fifteen days, and the Messenger of God, may God bless him and grant him peace, gave us permission to enjoy women), and he mentioned the hadith until he said: (So I did not leave until the Messenger of God, may God bless him and grant him peace, forbade it, saying: (O people, I had given you permission to enjoy women, but God has forbidden that until the Day of Resurrection. So whoever has any of them, let him leave her alone, and do not take anything of what you gave them .)The permanent prohibition of Mut'ah did not come from the prohibition on the day of Khaybar, but rather came from the prohibition on the day of the conquest. The evidence for this is not the hadith prohibiting it on the day of Khaybar, but rather the authentic hadith of Sabra, which explicitly states the permanent prohibition . The Messenger of Allah ( blessings and peace of Allah be upon him) says: “Allah has forbidden it until the Day of Resurrection ,” and he says: “ Whoever has any of them, let him set her free . ” This is the evidence for the permanent prohibition . Accordingly, the opinion of the Ja'fari Imamis regarding the permissibility of Mut'ah is a false opinion that is not based on evidence, because their evidence is the evidence of the permission for it, and this permission was abrogated by the authentic hadith. Relying on the abrogated is a false argument that is not permissible to rely on as long as it is known that it was abrogated . Moreover, they rely on the hadiths of Khaybar, and the hadiths of Khaybar, regardless of the proof of the prohibition, do not provide evidence for the permanent prohibition of mut’ah, nor do they provide evidence for the non-prohibition of mut’ah, because the Messenger, peace be upon him, permitted it after Khaybar. Thus, these hadiths are not the subject of research into the absolute prohibition of mut’ah, nor its permanent prohibition. Rather, the subject of research is its prohibition in the year of the conquest, or in other words, it is the authentic hadith of Sabra, which explicitly states the permanent prohibition. The gist of the hadith of mut’ah is that its prohibition and permissibility occurred twice. It was permissible before Khaybar, then it was prohibited in it, then it was permitted in the year of the conquest, which was the year of Awtas, then it was prohibited permanently. That is because Mut’ah was permitted in the early days of Islam. It was narrated on the authority of Ibn Mas’ud who said: “We used to go on military campaigns with the Messenger of Allah (peace and blessings of Allah be upon him) and we did not have women with us. We said: Should we not castrate ourselves? He forbade us from doing so, then he permitted us to marry the woman for a garment for a period of time. Then Abdullah recited (O you who believe! Do not prohibit the good things which Allah has made lawful to you… ) the verse. Al-Tirmidhi narrated on the authority of Muhammad ibn Ka’b on the authority of Ibn Abbas who said: “Mut’ah was only in the beginning of Islam. A man would come to a town where he had no knowledge, and he would marry a woman for as long as he thought he would stay. She would maintain his enjoyment and fix his affairs until this verse was revealed ( Except with their wives or those their right hands possess ). Ibn Abbas said: “ All intercourse other than them is forbidden .” What is established in the Sahih Sunnah through individual reports, not through continuous transmission, is that Mut’ah was permitted, and the Muslims continued to have this permission until the day of Khaybar, when the Prophet (peace and blessings of Allah be upon him) forbade it. No prohibition of it was ever heard before Khaybar at all. In Khaybar, it was proven by the Sunnah that the Messenger, peace be upon him, forbade it. This was narrated from Ali and others. However, this prohibition did not reach some of the Companions, so they continued to say that it was permissible. Moreover, this prohibition was not a permanent prohibition, but rather an absolute prohibition. This is the first time that temporary marriage was permitted and prohibited. It was permitted in the early days of Islam until Khaybar, then it was prohibited in Khaybar. The second time was in the year of Autas or the year of the conquest, and they were one year. The Messenger, peace and blessings be upon him, conquered Mecca, and after the conquest he invaded Hawazin. The battle took place in the valley of Autas in the land of Hawazin, which is known as the Battle of Hunayn. In this year, the Messenger, peace and blessings be upon him, permitted temporary marriage, then he forbade it in the same year. Muslim narrated on the authority of Salamah ibn al-Akwa’, may God be pleased with him, who said: “The Messenger of God, peace and blessings be upon him, permitted temporary marriage three times in the year of Autas, then he forbade it .” Ahmad and Muslim narrated on the authority of Sabrah al-Juhani that he invaded Mecca with the Prophet, peace and blessings be upon him, and he said: “We stayed there for fifteen days, and the Messenger of God, peace and blessings be upon him, permitted us to enjoy women.”) until he said: (I did not go out until the Messenger of Allah, may Allah bless him and grant him peace, forbade it) and another narration in a sahih hadith (I had given you permission to enjoy women, but Allah has forbidden that until the Day of Resurrection) . The permissibility here in the year of Autas or the year of the conquest was established by the Sunnah, and the prohibition here was after the permissibility as in the text of the hadith established by the Sunnah, except that the prohibition here was a permanent prohibition, as it was stated that it had been prohibited until the Day of Resurrection. This is the second time that the permission and prohibition of mut’ah occurred, and apart from these two incidents, nothing has been authenticated regarding the matter of mut’ah. As for what is said that it has been narrated that mut’ah was abrogated after it was permitted in six places, which are: Khaybar, the ‘Umrah of al-Qada’, the year of the conquest, the year of Autas, the Battle of Tabuk, and the Farewell Pilgrimage, then it is a delusion and a confusion between the incidents. As for the narration of its permission and abrogation in the ‘Umrah of al-Qada’, the hadith reported in it is not authentic because it is from the mursals of al-Hasan, and the mursals of al-Hasan are weak because he used to take from everyone, and on Assuming its validity, it is assumed to be the day of Khaybar, i.e. the year of Khaybar, because Khaybar and the Umrah of Compensation were in the same year. The Messenger of Allah (blessings and peace of Allah be upon him) returned from the Treaty of Hudaybiyyah and stayed in Madinah for fifteen days, then he invaded Khaybar. After that, in the same year, he performed the Umrah of Compensation, so it is a single event. As for the narration of its permissibility and abrogation in the year of the conquest and the year of Autas, they are one year. After the conquest, the Battle of Autas or the Battle of Hunayn took place, so the multiple narrations, even those that mentioned Hunayn, are narrations about a single event, which is the abrogation of Mut’ah and its prohibition in the year of the conquest, which is the same year of Autas or the Battle of Hunayn. As for the Battle of Tabuk, the narration does not indicate that the Messenger permitted it to them, but rather that he forbade them from it. Jabir said: “We went out with the Messenger of Allah, may Allah bless him and grant him peace, to the Battle of Tabuk, until we were at the pass near Ash-Sham, when some women came to us with whom we had enjoyed ourselves, going around our tents. We asked the Messenger of Allah, may Allah bless him and grant him peace, about them, and we told him. He became angry and stood up among us as a preacher, praising Allah and extolling Him, and forbidding mut’ah. We said goodbye that day, and we did not return to it, nor will we ever return to it again.” This hadith does not indicate permission or prohibition, but rather indicates prohibition, for the Messenger of Allah, may Allah bless him and grant him peace, saw the women with these men, so he asked them about them, and they told him, and he forbade them from it. Although the chain of transmission of this hadith is weak, Ibn Hibban has a hadith from Abu Hurayrah that supports it, and Al-Bayhaqi included it. As for the Farewell Pilgrimage, even though the hadith is authentic from the narration of Ahmad and Abu Dawud, it does not state permissibility, but rather only prohibition. Since the prohibition was before that in the year of the conquest and was a permanent prohibition, it can be understood as an emphasis on that prohibition and not another incident. Perhaps the Prophet (peace and blessings of Allaah be upon him) wanted to repeat the prohibition so that it would spread and be heard by those who had not heard it before. This is the gist of the subject of Mut’ah, as its prohibition and permissibility occurred twice. It was permitted in the early days of Islam before Khaybar, then it was prohibited in Khaybar but the prohibition was not permanent. Then it was permitted in the year of the conquest or the year of Awtas or the Battle of Hunayn, then it was prohibited in the same year with a permanent prohibition until the Day of Judgment. The legal ruling is that Mut’ah is forbidden, and that its prohibition came in the Sunnah in the authentic hadeeth, and that this prohibition is a permanent prohibition, because the authentic hadeeth that explicitly states the permanent prohibition is not open to interpretation and cannot be abrogated because it states that the prohibition until the Day of Judgment
Narrations prohibiting the pleasure of women in three of the eight reliable books are rejected by scholars, the Shiites, under the pretext of “Taqiyya” after their chain of transmission was proven to be sound.
Is it feared that Ali would say that it is permissible to have a pleasure, especially if we know that some of the companions issued fatwas about it when the prohibition of the Messenger of Allah had not reached them? Were the companions who issued fatwas about pleasure braver than Ali ( may Allah be pleased with him) and did not act out of Taqiyya? Especially if you know, O Muslim, that Ali (may Allah be pleased with him) is the one who narrates the hadith prohibiting pleasure in Sahih al-Bukhari and others.
These are the sources of the prohibition in the books of the Twelvers:
- Tahdhib al-Ahkam - Sheikh al-Tusi, vol. 7, p. 251:
(1085) 10 - As for what Muhammad ibn Yahya narrated on the authority of Abu Ja’far on the authority of Abu al-Jawza on the authority of al-Husayn ibn Alwan on the authority of Amr ibn Khalid on the authority of Zayd ibn Ali on the authority of his fathers on the authority of Ali (peace be upon them), he said: The Messenger of Allah (may Allah’s prayers and peace be upon him and his family) prohibited the meat of domestic donkeys on the day of Khaybar. And temporary marriage. This narration was mentioned in the context of taqiyya and according to what the opponents of the Shiites believe, and the knowledge is available to everyone who has heard the narrations that the religion of our Imams, peace be upon them, permits temporary marriage, so there is no need
/ page 252 /
to elaborate on it.
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- Al-Istibsar - Sheikh Al-Tusi, Vol. 3, p. 142:
[511] 5 - As for what Muhammad bin Ahmad bin Yahya narrated on the authority of Abu Al-Jawza on the authority of Al-Hussein bin Alwan on the authority of Amr bin Khalid on the authority of Zaid bin Ali on the authority of his fathers on the authority of Ali, peace be upon them, who said: The Messenger of God, may God bless him and his family, forbade the meat of domestic donkeys and temporary marriage.
The correct view in this narration is that we consider it to be taqiyya because it is in agreement with the doctrines of the Sunnis and the first narrations are in agreement with the apparent meaning of the Book and the consensus of the righteous sect on its requirement, so it is necessary to act upon it and not this strange narration.
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- Shiite (Islamic) Means - Al-Hurr Al-Amili, Vol. 14, p. 441:
Muhammad bin Al-Hasan, with his chain of transmission, on the authority of Muhammad bin Ahmad bin Yahya, on the authority of Abu Ja`far, on the authority of Abu Al-Jawza`, on the authority of Al-Husayn bin Alwan, on the authority of Amr bin Khalid, on the authority of Zayd bin Ali, on the authority of his fathers, on the authority of Ali, peace be upon them, who said: The Messenger of God, may God bless him and his family, forbade the meat of domestic donkeys and temporary marriage on the day of Khaybar.
I say: The Sheikh and others interpreted it as taqiyya, meaning in the narration, because permitting temporary marriage is one of the essentials of the Imami school of thought, and what indicates that has been presented, and what indicates it will come, and the latter may include abrogation and dislike with corruption.
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Especially if you know that Ali is the narrator of the hadith of Mut’ah in Bukhari and others. You have this hadith from Sahih Bukhari
- Sahih Bukhari - Hadith No. 4005:
4005 Yahya bin Qaz’ah told me, Malik told us, on the authority of Ibn Shihab, on the authority of Abdullah and Al-Hasan, the sons of Muhammad bin Ali, on the authority of their father, on the authority of Ali bin Abi Talib, may God be pleased with him, that the Messenger of God, may God bless him and grant him peace, “forbade Mut’ah with women on the day of Khaybar, and the eating of the meat of domesticated donkeys.”
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