In these series of articles we shall cover the following:
- The Revelation Of Verse {4:24}
- Was Verse {4:24} Abrogated?
- The Prohibition Of Mutah Al-Nikah And Mutah Al-Hajj
- Had Umar Not Prohibited Mutah, There Would Be No Zinah (Fornication or Adultery)!
- Companions And Scholars Who Advocated Mutah
- Innovation Of Marriage With The Intention Of Divorce (Nikah Misyar)
Mutah, literally means 'joy.' It is a condition where rules of Islam are relaxed. It can apply to marriage (temporary marriage) or to the Hajj (combining the Hajj and Umrah). According to the beliefs of the so-called 'Ahl ul Sunnah,' they insist the Nikah of Mutah (temporary marriage) became abrogated and cancelled while according to the school of the Ahlulbayt (a.s) it remained lawful and was never lawfully abrogated.
In this article we shall briefly touch on this subject concerning the practise of Nikah Al-Mutah and Mutah Al-Hajj and evaluate the discrepancies given by those who opposed the school of the Ahlulbayt (a.s) in regards to this issue.
The two Mutah's have been mentioned in the Holy Qur'aan through two verses with clear and evident proof of legalisation.
The most important verse of the Holy Qur'aan which establishes the legitimacy of Mutah Al-Nikah (temporary marriage) is verse {4:24}, known to all hadeeth commentators (Sunni and Shi'a) as, "The verse of Mutah." This verse provides a clear permission for the practice of temporary marriage.
Allah (swt) has used the word 'Istimtum,' which is the verbal form of the word Mutah. While the word has numerous meanings, the specific Islamic meaning which the word refers to here is the performance of a temporary marriage, and nobody has denied this.
وَأَتِمُّواْ الْحَجَّ وَالْعُمْرَةَ لِلَّهِ
And complete Hajj and Umrah for Allah...
{2:196}
Holy Qur'aan
وَالْمُحْصَنَـتُ مِنَ النِّسَآءِ إِلاَّ مَا مَلَكْتَ أَيْمَـنُكُمْ كِتَـبَ اللَّهِ عَلَيْكُمْ وَأُحِلَّ لَكُمْ مَّا وَرَاءَ ذَلِكُمْ أَن تَبْتَغُواْ بِأَمْوَلِكُمْ مُّحْصِنِينَ غَيْرَ مُسَـفِحِينَ فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَـَاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِن بَعْدِ الْفَرِيضَةِ إِنَّ اللَّهَ كَانَ عَلِيماً حَكِيماً
Also (forbidden are) women already married, except those (slaves) whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek them (with a dowry) from your property, desiring chastity, not fornication. So with those among them whom you have enjoyed, give them their required due, but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.
{4:24}
Holy Qur'aan
The Revelation Of Verse {4:24}
The most important verse of the Holy Qur'aan which establishes the legitimacy of Mutah Al-Nikah (temporary marriage) is verse {4:24}, known to all hadeeth commentators (Sunni and Shi'a) as, "The verse of Mutah." This verse provides a clear permission for the practice of temporary marriage.
Allah (swt) has used the word 'Istimtum,' which is the verbal form of the word Mutah. While the word has numerous meanings, the specific Islamic meaning which the word refers to here is the performance of a temporary marriage, and nobody has denied this.
We shall now present just some of the many scholarly commentaries which conform with the view that this verse deals explicitly with Mutah marriage.
Ibn Qayyim:
The common sense and hearts which the illness of ignorance has not been able to control them, deeply dislike the Tahlil (*) marriage, and defame the one who performs it, to a degree that many women defame the woman who performs it more than what they would defame a woman who perfoms Zina. On the other hand, the common sense minds do not really dislike the Mutah (temporary marriage), and if they do dislike it, it would not have been lawful in the beginning of Islam.
* The Tahlil marriage is a marriage contract that is to be done between a man and a woman who was divorced three times, and it has to be done with the intention of divorce, so then, it will be lawful for her to marry her first husband again.
Source: Ighathatul Lahfaan Fi Masayid Ash-Shaytaan. Vol. 1, Pg. # 492.
His statement: "So (with) whomever of these (women) you enjoy the privilege of marriage, then bring them their rewards as an ordinance" {4:24}.
Means that when you enjoy the privilege of marriage with them, you have to give dowry for that, as He Almighty says: "And how should you take it, and each of you has already gone privily with the other" {4:21}, and also His statement: "And bring the women their dowries as an endowment" {4:4}, and also His statement: "And it is not lawful for you to take anything of what you have given them" {2:229}, and (the lawfulness of) Mutah marriage was deduced from the general meaning of that verse, and there is no doubt that it was lawful during the beginning of Islam, then its ruling has been changed, and Al-Shafi'i along with a group of scholars believed that it was allowed and then prohibited, and was allowed once again and then prohibited too, twice. Others (of scholars) say: It was more than that (that it becomes allowed and then prohibited). Others (of scholars) said: It was only allowed once and then its ruling has been changed and has never been allowed again.
It was narrated about Ibn Abbas and a group of the Sahaba, that they believed in its lawfulness in case of necessity, and it is a narration from Imam Ahmad bin Hanbal, may Allah (swt) be merciful to them, and Ibn Abbas, Ubay bin Ka'b, Sa'eed bin Jubayr, Al-Suddi read (the verse) as follows: "So (with) whomever of these (women) you enjoy the privilege of marriage for a determined period of time, then bring them their rewards as an ordinance."
Mujahid said: It was revealed about the Mutah marriage, though the majority says otherwise.
What is to be relied on what was confirmed in the Two Saheeh's (Al-Bukhari & Muslim), from the Commander of the Faithful, Alee bin Abi Talib (a.s), that he said: "The Prophet (saw) forbade the Mutah marriage, and the meat of donkeys unlawful, during the day of Khaybar." For this Hadeeth, there are (different) wordings, which were recorded in the book, Al-Ahkam.
In Saheeh Muslim, Sabra Al-Juhani reported on the authority of his father that he went out with Allah's Messenger (saw) during the day of the conquest of Makkah, so he said: "O people! I had permitted you to contract temporary marriage with women, but Allah (swt) has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to them (as dower)." In (another) narration of Muslim, he says: (It was) during Hujjat Al-Wada (i.e. the Prophet's (saw) only and last Hajj pilgrimage known as The Farewell Pilgrimage), and it also has (different) wordings can be found in the book Al-Ahkam.
Source: Tafsir ibn Kathir. Vol. 3, Pg. # 428.
Al-Shawkani:
The majority (of the scholars) state that the meaning of that verse is the Mutah marriage which was in the beginning of Islam. What supports that is that (the translation of) the verse {4:24}, according to the Qira'a of Ubay bin Ka'b, Ibn Abbas and Sa'eed bin Jubayr is as follows: "So (with) whomever of these (women) you enjoy the privilege of marriage, for a determined period of time, then bring them their rewards as an ordinance." The Prophet (saw) then, however, prohibited it.
Source: Fath Al-Qadir. Vol. 1, Pg. # 720.
Al-Qurtubi:
The majority (of the scholars) state that the meaning of that verse is the Mutah marriage which was in the beginning of Islam. Ibn Abbas, Ubay and Ibn Jubayr recited: "So (with) whomever of these (women) you enjoy the privilege of marriage, for a determined period of time, then bring them their rewards as an ordinance." The Prophet (saw) then, however, prohibited it.
Al-Khazin:
And a group of scholars have said that the meaning of the decree of this verse is Nikah of Mutah and that is a Nikah that the woman is married up to a certain time with a specific dowry. When the time ends, the woman is separated from the man without divorce and her womb should become clean (i.e. should keep Iddah) and there is no inheritance between them and that was a kind of Nikah at the beginning of Islam, but then the Messenger of Allah (saw) prohibited Mutah and made it impermissible.
Source: Tafsir Al-Khazin. Vol. 1, Pg. # 366.
Al-Khazin:
It has been narrated from him (i.e. Ibn Abbas) that the verse is Muhkam (i.e. decisive) and he used to permit Mutah.
Source: Tafsir Al-Khazin. Vol. 1, Pg. # 366.
Al-Baghawi:
"Give them their wages" {4:24}, means: Their dowries, and another group of scholars have said: That refers to Nikah of Mutah which is to marry a woman up to a certain time and when the time ends, she will be separated without divorce, and her womb should become clean and there is no inheritance between the couple in this marriage, and that was permissible at the beginning of Islam, but then the Messenger of Allah (saw) prohibited it.
Source: Tafsir Al-Baghawi. Vol. 2, Pg. # 193.
He said: Narrated to us Aboo Bakr Abdullah ibn Sulayman ibn Al-Ash'ath from Asyad ibn Asim from Al-Hussain from Sufyan from Abi Is'haq from Abi Hilal from Ibn Abbas that he recited: "And there is no blame on you for the pleasure you obtained from them to a specified period of time."
Narrated to us Abdullah from Muhammad ibn Bash'shar from Muhammad from Shu'ba who said: I heard Aba Is'haq saying that he heard Umayr ibn Yarman that he heard Ibn Abbas saying about this verse: "For the pleasure you obtained from them to a specified period of time."
Narrated to us Abdullah from Hammad ibn Al-Hassan Al-Warraq from Hajjaj ibn Nasir from Shu'ba from Abi Is'haq from Habira from Ibn Abbas that he used to recite: "For the pleasure you obtained from them to a specified period of time."
Narrated to us Abdullah from Hammad ibn Al-Hassan from Al-Hajjaj ibn Nasir from Shu'ba from Abi Muslimah from Abi Nadhra who said: I recited to Ibn Abbas: "For the pleasure you obtained from them."{4:24}, Ibn Abbas said: "To a specified period of time." He (i.e. Aboo Nadhra) said: I then said: "We do not recite it like that." Then he (i.e. Ibn Abbas) said: "I swear by Allah (swt) that it was revealed with it (i.e. with the verse)." He said it thrice.
Source: Al-Masahif. Vol. 1, Pg. # 357 - 358.
Objection One
Ibn Qayyim:
The common sense and hearts which the illness of ignorance has not been able to control them, deeply dislike the Tahlil (*) marriage, and defame the one who performs it, to a degree that many women defame the woman who performs it more than what they would defame a woman who perfoms Zina. On the other hand, the common sense minds do not really dislike the Mutah (temporary marriage), and if they do dislike it, it would not have been lawful in the beginning of Islam.
* The Tahlil marriage is a marriage contract that is to be done between a man and a woman who was divorced three times, and it has to be done with the intention of divorce, so then, it will be lawful for her to marry her first husband again.
Source: Ighathatul Lahfaan Fi Masayid Ash-Shaytaan. Vol. 1, Pg. # 492.
Ibn Kathir:
His statement: "So (with) whomever of these (women) you enjoy the privilege of marriage, then bring them their rewards as an ordinance" {4:24}.
Means that when you enjoy the privilege of marriage with them, you have to give dowry for that, as He Almighty says: "And how should you take it, and each of you has already gone privily with the other" {4:21}, and also His statement: "And bring the women their dowries as an endowment" {4:4}, and also His statement: "And it is not lawful for you to take anything of what you have given them" {2:229}, and (the lawfulness of) Mutah marriage was deduced from the general meaning of that verse, and there is no doubt that it was lawful during the beginning of Islam, then its ruling has been changed, and Al-Shafi'i along with a group of scholars believed that it was allowed and then prohibited, and was allowed once again and then prohibited too, twice. Others (of scholars) say: It was more than that (that it becomes allowed and then prohibited). Others (of scholars) said: It was only allowed once and then its ruling has been changed and has never been allowed again.
It was narrated about Ibn Abbas and a group of the Sahaba, that they believed in its lawfulness in case of necessity, and it is a narration from Imam Ahmad bin Hanbal, may Allah (swt) be merciful to them, and Ibn Abbas, Ubay bin Ka'b, Sa'eed bin Jubayr, Al-Suddi read (the verse) as follows: "So (with) whomever of these (women) you enjoy the privilege of marriage for a determined period of time, then bring them their rewards as an ordinance."
Mujahid said: It was revealed about the Mutah marriage, though the majority says otherwise.
What is to be relied on what was confirmed in the Two Saheeh's (Al-Bukhari & Muslim), from the Commander of the Faithful, Alee bin Abi Talib (a.s), that he said: "The Prophet (saw) forbade the Mutah marriage, and the meat of donkeys unlawful, during the day of Khaybar." For this Hadeeth, there are (different) wordings, which were recorded in the book, Al-Ahkam.
In Saheeh Muslim, Sabra Al-Juhani reported on the authority of his father that he went out with Allah's Messenger (saw) during the day of the conquest of Makkah, so he said: "O people! I had permitted you to contract temporary marriage with women, but Allah (swt) has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to them (as dower)." In (another) narration of Muslim, he says: (It was) during Hujjat Al-Wada (i.e. the Prophet's (saw) only and last Hajj pilgrimage known as The Farewell Pilgrimage), and it also has (different) wordings can be found in the book Al-Ahkam.
Source: Tafsir ibn Kathir. Vol. 3, Pg. # 428.
The majority (of the scholars) state that the meaning of that verse is the Mutah marriage which was in the beginning of Islam. What supports that is that (the translation of) the verse {4:24}, according to the Qira'a of Ubay bin Ka'b, Ibn Abbas and Sa'eed bin Jubayr is as follows: "So (with) whomever of these (women) you enjoy the privilege of marriage, for a determined period of time, then bring them their rewards as an ordinance." The Prophet (saw) then, however, prohibited it.
Source: Fath Al-Qadir. Vol. 1, Pg. # 720.
The majority (of the scholars) state that the meaning of that verse is the Mutah marriage which was in the beginning of Islam. Ibn Abbas, Ubay and Ibn Jubayr recited: "So (with) whomever of these (women) you enjoy the privilege of marriage, for a determined period of time, then bring them their rewards as an ordinance." The Prophet (saw) then, however, prohibited it.
Source: Tafsir Al-Qurtubi Al-Jami. Vol. 6, Pg. # 215.
And a group of scholars have said that the meaning of the decree of this verse is Nikah of Mutah and that is a Nikah that the woman is married up to a certain time with a specific dowry. When the time ends, the woman is separated from the man without divorce and her womb should become clean (i.e. should keep Iddah) and there is no inheritance between them and that was a kind of Nikah at the beginning of Islam, but then the Messenger of Allah (saw) prohibited Mutah and made it impermissible.
Source: Tafsir Al-Khazin. Vol. 1, Pg. # 366.
It has been narrated from him (i.e. Ibn Abbas) that the verse is Muhkam (i.e. decisive) and he used to permit Mutah.
Source: Tafsir Al-Khazin. Vol. 1, Pg. # 366.
"Give them their wages" {4:24}, means: Their dowries, and another group of scholars have said: That refers to Nikah of Mutah which is to marry a woman up to a certain time and when the time ends, she will be separated without divorce, and her womb should become clean and there is no inheritance between the couple in this marriage, and that was permissible at the beginning of Islam, but then the Messenger of Allah (saw) prohibited it.
Source: Tafsir Al-Baghawi. Vol. 2, Pg. # 193.
Al-Baydhawi:
It is said: This verse was revealed regarding Mutah, which was permissible for three days when Makkah was conquered, but then it was abrogated.
Source: Tafsir Al-Baydhawi. Vol. 2, Pg. # 69.
Allamah Alusi:
In brief: Whenever it is said: The rule in cases like this is the explicit narration which specifies that the verse is Makkan, i.e. it has been revealed before Hijrah, and it creates a problem to take it as a proof over prohibition of Mutah after its permissibility after Hijrah; for the proof of permissibility being dedicated in contrary to generality. And the methodology of the four Imams is to give precedence to specific Sunnah over generality of the Holy Qur'aan in absolute terms and that is what is preferred, and in the case for prohibition, we need other proofs beside that, and after establishment of the evidence it would be another proof in support of it, and this evidence is the Saheeh narrations of the Messenger of Allah (saw) about its prohibition and some of them have been mentioned before, and in Saheeh Muslim from him (saw): "I used to allow you to do Mutah with women, but Allah Almighty forbid it until the day of judgment.
Source: Ruh Al-Ma'ani fi Tafsir Al-Qur'aan. Vol. 18, Pg. # 23.
Ibn Hajar Asqalani:
Muqatil said: This verse was revealed regarding Mutah: "And those of whom ye seek content, until an appointed time." He then said: "And there is no sin for you in what ye do by mutual agreement after the obligatory duty." i.e. If you add to the duty and extended the time, but it was abrogated later.
Source: Al-Ujaab Fi Bayan Al-Asbaab. Vol. 2, Pg. # 858.
Al-Nawawi:
And it is said about the statement of Allah (swt): "And those of whom ye seek content, give unto them their portions as a duty." It refers to Al-Nikah, and the verse is decisive and the majority of scholars consider Mutah impermissible.
Source: Al-Majmu' Sharh Al-Muhazzab. Vol. 17, Pg. # 360.
Al-Hakim:
Narrated to us Aboo Zakariyyah Al-Anburi from Muhammad ibn Abdul-Salam from Is'haq ibn Ibraheem from Al-Nadhr bn Shumayl from Shu'ba from Aboo Salamah who said: I heard Aboo Nadhra saying: I recited to Ibn Abbas: "For the pleasure you obtained from them give them their rewards as an obligation."{4:24}, Ibn Abbas said: "For the pleasure you obtained from them for a specified period of time..." Aboo Nadhra said: I then said: "We do not recite it like that." Then Ibn Abbas said: "I swear by Allah (swt) that Allah (swt) has revealed it like that."
Al-Hakim: Hadeeth is Saheeh (Authentic) by the criteria of Muslim, but they have not narrated it (i.e. Al-Bukhari and Muslim).
Al-Dhahabi: It is Saheeh (Authentic) by the criteria of Muslim.
Source: Al-Mustadrak alaa As-Sahihain. Vol. 2, Pg. # 334, H. # 309 / 3192.
Ibn Abi Dawood:
Narrated to us Al-Qadhi Abul Fadhl Muhammad ibn Umar ibn Yusuf in the form of Qara'a to him and I was listening and he was listening and confirming it, he said: Narrated to us Aboo Ja'far Muhammad ibn Ahmad ibn Muhammad ibn Al-Muslimah Al-Mu'addal in the form of Qara'a and I was listening, he said: Narrated to us Aboo Amr Uthman ibn Muhammad known as Ibn Al-Adami in the form of Qara'a and was present and listening.
Narrated to us Al-Qadhi Abul Fadhl Muhammad ibn Umar ibn Yusuf in the form of Qara'a to him and I was listening and he was listening and confirming it, he said: Narrated to us Aboo Ja'far Muhammad ibn Ahmad ibn Muhammad ibn Al-Muslimah Al-Mu'addal in the form of Qara'a and I was listening, he said: Narrated to us Aboo Amr Uthman ibn Muhammad known as Ibn Al-Adami in the form of Qara'a and was present and listening.
He said: Narrated to us Aboo Bakr Abdullah ibn Sulayman ibn Al-Ash'ath from Asyad ibn Asim from Al-Hussain from Sufyan from Abi Is'haq from Abi Hilal from Ibn Abbas that he recited: "And there is no blame on you for the pleasure you obtained from them to a specified period of time."
Narrated to us Abdullah from Muhammad ibn Bash'shar from Muhammad from Shu'ba who said: I heard Aba Is'haq saying that he heard Umayr ibn Yarman that he heard Ibn Abbas saying about this verse: "For the pleasure you obtained from them to a specified period of time."
Narrated to us Abdullah from Hammad ibn Al-Hassan Al-Warraq from Hajjaj ibn Nasir from Shu'ba from Abi Is'haq from Habira from Ibn Abbas that he used to recite: "For the pleasure you obtained from them to a specified period of time."
Narrated to us Abdullah from Hammad ibn Al-Hassan from Al-Hajjaj ibn Nasir from Shu'ba from Abi Muslimah from Abi Nadhra who said: I recited to Ibn Abbas: "For the pleasure you obtained from them."{4:24}, Ibn Abbas said: "To a specified period of time." He (i.e. Aboo Nadhra) said: I then said: "We do not recite it like that." Then he (i.e. Ibn Abbas) said: "I swear by Allah (swt) that it was revealed with it (i.e. with the verse)." He said it thrice.
Muhib-u-Deen Abdul Samat Wa'ez: Its chain is Saheeh (Authentic).
Source: Al-Masahif. Vol. 1, Pg. # 357 - 358.
The context of the verse refers to a marriage that creates chastity, for the verse says, "All others are lawful, provided ye seek (them in marriage) with gifts from your property, desiring chastity, not lust or debauchery," and "desiring chastity" translates Muhsin or fortified in marriage, who if they commit Zina (fornication) they are to be stoned, because they are muhsin or fortified in marriage. In contrary to those who are not Muhsin, who if they commit fornication they are merely lashed.
Whereas in narrations from Shi'a sources, those who are in a Mutah contract are not considered Muhsin and Muhsin are only those who have a female partner permanently. Therefore, when Mutah does not fit in the criteria of "desiring chastity" it would be of the category of "lust or debauchery" as the verse says to not seek a relationship of that sort. And the rest of the verse cannot refer to the permissibility of Mutah, for it refers to that kind of marriage which is for "desiring chastity" which makes a person Muhsin.
Response One
Firstly, no dispute exists of Mutah being permissible for some time by the Messenger of Allah (saw). So, if we consider the people who do Mutah as 'Musafihin' or 'unchaste' or 'people who commit debauchery' then how is it that the Allah (swt) and his Messenger of Allah (saw) allowed it in the first place?!
The scholars of our opponents agree that the second part of the verse refers to Mutah and say that it was abrogated later, which again nullifies the objection.
As for the narrations in Shi'ee sources which do not consider a person who is in Mutah contract a Muhsin, the reason is given in those narrations themselves, i.e. muhsin are only those who have a permanent partner, like a slave-girl or a permanent wife which makes them needless of fornication, so if they commit adultery they would be stoned, because they have a permanent partner, whereas in Mutah that criteria is not fulfilled.
Firstly, because it is not permanent and also in Mutah the partner can consider limitations in the contract, such as a Mutah contract without sexual intercourse, in contrary to other types of Nikah which do not allow such limitations in the relationship.
So the criteria of fortification in marriage is not necessarily fulfilled by Mutah Niqah and hence, if someone who is in a Mutah Nikah, and commits adultery, he will be merely lashed and not stoned.
Secondly, the verse does not prove that the first and second part of it are about one and the same thing. For the first part talks about other types of marriage which is taking a permanent wife or having a slave-girl etc. and as an alternative, Allah (swt) permits also Mutah Niqah, so it is not a contradiction with the second part of the verse if the person who is in a Mutah Nikah, is not considered Muhsin.
Insh'Allah in the next part of this ongoing series we shall investigate the claim if the verse of Mutah was abrogated by the Qur'an & Hadeeth.
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