Was Verse {4:24} Abrogated?
The followers of the Ahlulbayt (a.s) maintained that the Mutah marriage remains lawful until the day of judgment, the so-called 'Ahl ul Sunnah' stressed the prohibition and the abrogation of the rule of Mutah by the Prophet (saw).
Some of the early scholars and Hadeeth support Mutah of marriage been practiced during the Caliphate of Aboo Bakr until Umar forbade temporary marriage during the time of his leadership; they derived their opinions from the narrations which stated that Umar was the one who prohibited the temporary marriage and not the Prophet (saw).
They excused the second usurper by claiming that the leader of the Islamic nation has the right to change or abrogate the rules of the Holy Qur'aan if he saw a benefit in that. On the other hand, most of the later scholars had a different opinion. They said that the prohibition was made by the Prophet (saw) himself and Umar was only confirming and communicating it to those who did not hear the news from the Prophet (saw) and that is why people have mistakenly thought that Umar was forbidding it based on his own opinion.
The strange thing is, that while Umar's prohibition of the Mutah of marriage is upheld by the so-called Sunni schools at present, his prohibition is not applied in the case of Mutah of Hajj, which is not prohibited by them.
Some of the early scholars and Hadeeth support Mutah of marriage been practiced during the Caliphate of Aboo Bakr until Umar forbade temporary marriage during the time of his leadership; they derived their opinions from the narrations which stated that Umar was the one who prohibited the temporary marriage and not the Prophet (saw).
They excused the second usurper by claiming that the leader of the Islamic nation has the right to change or abrogate the rules of the Holy Qur'aan if he saw a benefit in that. On the other hand, most of the later scholars had a different opinion. They said that the prohibition was made by the Prophet (saw) himself and Umar was only confirming and communicating it to those who did not hear the news from the Prophet (saw) and that is why people have mistakenly thought that Umar was forbidding it based on his own opinion.
The strange thing is, that while Umar's prohibition of the Mutah of marriage is upheld by the so-called Sunni schools at present, his prohibition is not applied in the case of Mutah of Hajj, which is not prohibited by them.
The"Mutah of Hajj" ("Hajj Al-Tamattu", meaning "joy of Hajj") is the relaxation of the Ihram ("sacred state") between the Umrah and Hajj, including its dress code and various prohibitions.
If Umar had the right to innovate and abrogate the rules of the Holy Qur'aan or if he had only been communicating the Prophet's (saw) prohibition, then why has only the Mutah of marriage been prohibited by the modern day schools? Why do the followers of the so called Sunnah not following Umar on this matter?
If his abrogation is valid, then his abrogation should be taken also for the Mutah of Hajj, not just the Mutah of marriage alone.
If Umar had the right to innovate and abrogate the rules of the Holy Qur'aan or if he had only been communicating the Prophet's (saw) prohibition, then why has only the Mutah of marriage been prohibited by the modern day schools? Why do the followers of the so called Sunnah not following Umar on this matter?
If his abrogation is valid, then his abrogation should be taken also for the Mutah of Hajj, not just the Mutah of marriage alone.
Now let is investigate if the verse of Mutah of marriage was abrogated or not.
Al-Razi:
Most of the Ummah said that (Mutah marriage) became abrogated (cancelled) but some of them said it remained lawful and this is the opinion that has been narrated from Ibn Abbas and Imran ibn Al Hussain.
Source: Tafsir Fakhr Al-Razi. Vol. 10, Pg. # 50 - 51.
Ahmad ibn Hanbal:
Narrated to us Bahz and Affan Al-Muanna, both from Hammam from Qatadah from Mutarraf who said: Imran ibn Hussain said: "We did Mutah with the Messenger of Allah (saw) and some verses of the Holy Qur'aan was revealed to allow it." Affan said: "And in the Holy Qur'aan some verses were revealed about it." Then the Messenger of Allah (saw) passed away and he never forbade it and no verse abrogated it, a man with his own opinion said whatever he desired."
Shuaib Al-Arna'ut: Its chain is Saheeh (Authentic) by the criteria of the Shaykhain (i.e. Bukhari and Muslim).
Source: Musnad Ahmad ibn Hanbal. Vol. 33, Pg. # 83, H. # 19850.
Al-Razi:
Most of the Ummah said that (Mutah marriage) became abrogated (cancelled) but some of them said it remained lawful and this is the opinion that has been narrated from Ibn Abbas and Imran ibn Al Hussain.
Source: Tafsir Fakhr Al-Razi. Vol. 10, Pg. # 50 - 51.
Ibn Ashur:
Narrated from Ibn Abbas that he said: If Umar had not prohibited the Mutah, none would fornicate but few. Narrated from Imran ibn Hussain in the Saheeh (Bukhari) that he said: "The Mutah verse was revealed in God's book and no verse came after it to abrogate it and the Prophet (saw) ordered us to do it, then a man said some thing with his own opinion." He meant Umar when he forbade it in the time of his Khilafah after it had been practised during most of the period of his Caliphate, and Ibn Abbas used to permit it."
Source: At-Tafsir Al-Tahrir Wa Al-Tanwir. Vol. 5, Pg. # 10.
Al-Aynee:
Should one that practices sexual intercourse through Nikah Al-Mutah be punished? Most of the companions of Malik said that no Hadd should be applied because the (Mutah) contract is doubtful and since there is disagreement over it (being Halal or Haram) and also due to the fact it was not made Haram by the Holy Qur'aan, but the person should be given a severe punishment.
Source: Umdatul Qari Sharh Saheeh Al-Bukhari. Vol. 17, Pg. # 329.
Al-Marghinani:
Imam Malik said: "It is lawful (Mutah) because it was Mubah (permissible) so it will remain (lawful) until its abrogation appears."
Source: Al-Hidayah Sharh Bidayatul Mubtadi. Vol. 3, Pg. # 28
Al-Bukhari:
Narrated Imran bin Hussain: The Verse of Hajj-at-Tamattu was revealed in Allah's (swt) Book, so we performed it with Allah's Messenger (saw), and nothing was revealed in the Holy Qur'aan to make it illegal, nor did the Prophet (saw) prohibit it until he died. But the man ( Umar, who regarded it illegal) just expressed what his own mind suggested."
Source: Saheeh Al-Bukhari. Pg. # 1107, H. # 4518.
Narrated to us Bahz and Affan Al-Muanna, both from Hammam from Qatadah from Mutarraf who said: Imran ibn Hussain said: "We did Mutah with the Messenger of Allah (saw) and some verses of the Holy Qur'aan was revealed to allow it." Affan said: "And in the Holy Qur'aan some verses were revealed about it." Then the Messenger of Allah (saw) passed away and he never forbade it and no verse abrogated it, a man with his own opinion said whatever he desired."
Shuaib Al-Arna'ut: Its chain is Saheeh (Authentic) by the criteria of the Shaykhain (i.e. Bukhari and Muslim).
Source: Musnad Ahmad ibn Hanbal. Vol. 33, Pg. # 83, H. # 19850.
.jpg)
Abdullah ibn Mas'oud was a very close companion of the Prophet (saw). At an early age he joined the Prophet (saw) in his mission and stayed very close to him. He received the training in the household of the Prophet (saw) and had learnt the Qirat of the Holy Qur'aan from the Prophet (saw) himself. Ibn Mas'oud was recommended by the Prophet (saw) to those who wished to learn the Qirat. He was very knowledgeable on the Shari'ah and followed the Sunnah of the Prophet (saw) closely.
Al-Bukhari:
Chapter: The virtues of Ubayy bin Ka'b
Narrated Masruq: Abdullah bin Mas'oud was mentioned before Abdullah bin Amr who said, "That is a man I still love, as I heard the Prophet (saw) saying: 'Learn the recitation of the Holy Qur'aan from four from Abdullah bin Mas'oud' -- he started with him --Salim, the freed slave of Aboo Hudaifa, Mu'adh bin Jabal and Ubai bin Ka'b."
Source: Saheeh Al-Bukhari. Pg. # 932 - 933, H. # 3808.
Ibn Hajar Asqalani:
His saying: "O you who believe! Do not forbid the good things that Allah has allowed for you." {5:87}. Isma'eeli mentions it until 'transgressors' and apparently mentioning this verse here by Ibn Mas'oud shows that he saw Mutah to be permissible. Al-Qurtubi says: "Maybe the news of its abrogation had not reached him yet, and when it reached him, he changed his opinion."
Source: Fathul Bari Sharh Saheeh Al-Bukhari. Vol. 11, Pg. # 339.
Al-Bayhaqi:
Chapter Of Mutah Marriage
Narrated to us Aboo Abdullah Al-Hafidh from Aboo Amro ibn Al Sammaak from Yahya ibn Abi Talib from Muhammad ibn Ubaid from Aboo Uthman Sa'eed ibn Muhammad ibn Muhammad ibn Abdan Al-Nishaburi from Aboo Abdullah Muhammad ibn Yaqoob Al-Hafidh from Ibraheem ibn Abdullah from Yazid ibn Haroon and Muhammad ibn Ubaid from Isma'eel from Qays from Abdullah ibn Mas'oud who said: "We were setting out for battle with the Messenger of Allah (saw) and we had no women with us so we said: 'Should we castrate ourselves?' He prohibited that and allowed us to marry the woman for a specified period of time for a dress (as dowry)."
The wording of Hadeeth is through Abi Uthman.
Then Abdullah ibn Masoud read the verse: "O you who believe! Do not forbid the good things that Allah has allowed for you and do not transgress, Allah (swt) does not like the transgressors" {5:87}.
Bukhari and Muslim have narrated it in Saheeh through different chains from Isma'eel ibn Abi Khalid.
Source: Al-Durr Al-Manthur Fi Tafsir Bil-Ma'thur. Vol. 4, Pg. # 329.
Earlier scholars narrated a Hadeeth on the authority of Abdullah ibn Mas'oud from older manuscripts of Saheeh Al-Bukhari which highlight the legality of Mutah of marriage. However, when we look at the modern day copies, we find that the Hadith/verse which refers to temporary marriage has been omitted. It appears yet to be another attempt to erase the evidence of temporary marriage from the pages of history. Take note of the highlighted sections.
Ibn Qayyim:
However, there is another opinion and that is: Has he prohibited it as something obscene which is not allowed in any case, or has he prohibited it when there is no need for it and allowed it for someone who is helpless? And that is what Ibn Abbas opined and said: "I allow it for a helpless person, like allowing meat of a dead animal and blood (i.e. if the person has no other choice)." So when people expanded it and did not suffice for it in emergency cases, Ibn Abbas stopped from issuing Fatwa about its lawfulness, and he backed down.
Ibn Mas'oud was indeed opined about it to be lawful and recited: "O you who believe do not forbid the good things that Allah has allowed for you." {5:87}, in the two Saheeh's (Bukhari & Muslim) it has been narrated from him, saying: "We were in wars with the Prophet (saw) and we did not have our women with us, so we said: 'Should we castrate ourselves?' He (saw) prohibited that, and allowed us to marry the woman for a specified period of time for a dress (as dower), then Abdullah read the verse: "Oh you who believe do not forbid the good things that Allah has allowed for you.” {5:87}."
And Abdullah recited this verse after narrating that hadeeth. It can be of two kinds:
The first: As a refutation against its prohibition, and that if it was not of the good things, the Messenger of Allah (saw) would have not made it lawful.
And the second: That he meant the end of that verse, and it is a refutation against those who made it lawful in absolute terms, and that he is a transgressor, for the Messenger of Allah (saw) had allowed it when there was necessity for it, and when needed during wars, and when the wives were not present and the intensity of need for women. So if someone who has allowed it during peace when women are available in great numbers, and there is possibility of the common marriage, such a person would be a transgressor and Allah (swt) does not like transgressors.
If it is said: What can you do with what has been narrated by Muslim in his Saheeh through the narration of Jabir and Salamah ibn Al-Aku, who both said: "There came to us the proclaimer of Allah's Messenger (saw) and said: 'Allah's Messenger (saw) has granted you permission to benefit yourselves, i.e. to contract temporary marriage with women?'"
It is said: This was during the conquest (of Makkah) before its prohibition, then he prohibited after that based on what Muslim has narrated in his Saheeh from Salamah ibn Al-Aku saying: "The Messenger of Allah (saw) gave sanction for contracting temporary marriage for three nights in the year of Autas and then forbade it." And the year of Autas is the year of the conquest of Makkah because the wars of Autas were connected to conquest of Makkah.
If it is said: "What would you do with what Muslim has narrated in his Saheeh from Jabir ibn Abdullah saying: 'We contracted temporary marriage giving a handful of tales or flour as a dower during the lifetime of Allah's Messenger (saw) and during the time of Aboo Bakr until Umar forbade it in the case of Amr ibn Huraith?'"
And what is firm from Umar that he said: "There were two Mutahs during the time of the Messenger of Allah (saw) and I forbid them, Mutah of women and Mutah of Hajj."
It is said: There are two groups regarding it:
One group says that Umar was the one who prohibited it and Allah's messenger (saw) had already ordered us to follow the path of the guided Caliphs. Thus, this group did not accept the authentication of Subra bin Mabad's tradition regarding the prohibition of Mutah in the year of (Makkah's) conquest because it is narrated by Abdul Malik bin Al-Rabee bin Sabra from his father from his grand father, and he was criticised by Ibn Ma'een and Bukhari that despite its need, he did not place this tradition in his Saheeh and it is a rule of Islamic rules. If it was authentic according to him (Bukhari) he would not have hesitated to record it and taking it as proof. They said: If hadeeth of Sabra was Saheeh, it would not have remained hidden from Ibn Mas'oud so that he narrated that they have done it and took the verse as a proof, and also if it was Saheeh, Umar would not have said that: "They were allowed during the time of the Messenger of Allah (saw) and I forbid them, and punish upon them," he would have rather said: "He (saw) prohibited it and forbid it." They say: If it was Saheeh, it would have not been done during the time of Aboo Bakr while he was the rightly guided Caliph after the Prophet (saw)."
The second group say: They take the narration of Sabra as Saheeh (Authentic), and if it was not Saheeh (Authentic), the narration of Alee (a.s) is Saheeh (Authentic) indeed, that the Messenger of Allah (saw) prohibited the Mutah of woman, so it becomes necessary to interpret the narration of Jabir that the person who has said it, its prohibition has not reached him, and it was not famous until the time of Umar, so when there came about the dispute on it, its prohibition became obvious and known and in this way the narrations are combined which have been narrated about it. And the success is only by Allah (swt).
And Abdullah recited this verse after narrating that hadeeth. It can be of two kinds:
The first: As a refutation against its prohibition, and that if it was not of the good things, the Messenger of Allah (saw) would have not made it lawful.
And the second: That he meant the end of that verse, and it is a refutation against those who made it lawful in absolute terms, and that he is a transgressor, for the Messenger of Allah (saw) had allowed it when there was necessity for it, and when needed during wars, and when the wives were not present and the intensity of need for women. So if someone who has allowed it during peace when women are available in great numbers, and there is possibility of the common marriage, such a person would be a transgressor and Allah (swt) does not like transgressors.
If it is said: What can you do with what has been narrated by Muslim in his Saheeh through the narration of Jabir and Salamah ibn Al-Aku, who both said: "There came to us the proclaimer of Allah's Messenger (saw) and said: 'Allah's Messenger (saw) has granted you permission to benefit yourselves, i.e. to contract temporary marriage with women?'"
It is said: This was during the conquest (of Makkah) before its prohibition, then he prohibited after that based on what Muslim has narrated in his Saheeh from Salamah ibn Al-Aku saying: "The Messenger of Allah (saw) gave sanction for contracting temporary marriage for three nights in the year of Autas and then forbade it." And the year of Autas is the year of the conquest of Makkah because the wars of Autas were connected to conquest of Makkah.
If it is said: "What would you do with what Muslim has narrated in his Saheeh from Jabir ibn Abdullah saying: 'We contracted temporary marriage giving a handful of tales or flour as a dower during the lifetime of Allah's Messenger (saw) and during the time of Aboo Bakr until Umar forbade it in the case of Amr ibn Huraith?'"
And what is firm from Umar that he said: "There were two Mutahs during the time of the Messenger of Allah (saw) and I forbid them, Mutah of women and Mutah of Hajj."
It is said: There are two groups regarding it:
One group says that Umar was the one who prohibited it and Allah's messenger (saw) had already ordered us to follow the path of the guided Caliphs. Thus, this group did not accept the authentication of Subra bin Mabad's tradition regarding the prohibition of Mutah in the year of (Makkah's) conquest because it is narrated by Abdul Malik bin Al-Rabee bin Sabra from his father from his grand father, and he was criticised by Ibn Ma'een and Bukhari that despite its need, he did not place this tradition in his Saheeh and it is a rule of Islamic rules. If it was authentic according to him (Bukhari) he would not have hesitated to record it and taking it as proof. They said: If hadeeth of Sabra was Saheeh, it would not have remained hidden from Ibn Mas'oud so that he narrated that they have done it and took the verse as a proof, and also if it was Saheeh, Umar would not have said that: "They were allowed during the time of the Messenger of Allah (saw) and I forbid them, and punish upon them," he would have rather said: "He (saw) prohibited it and forbid it." They say: If it was Saheeh, it would have not been done during the time of Aboo Bakr while he was the rightly guided Caliph after the Prophet (saw)."
The second group say: They take the narration of Sabra as Saheeh (Authentic), and if it was not Saheeh (Authentic), the narration of Alee (a.s) is Saheeh (Authentic) indeed, that the Messenger of Allah (saw) prohibited the Mutah of woman, so it becomes necessary to interpret the narration of Jabir that the person who has said it, its prohibition has not reached him, and it was not famous until the time of Umar, so when there came about the dispute on it, its prohibition became obvious and known and in this way the narrations are combined which have been narrated about it. And the success is only by Allah (swt).
Source: Zaad Al-Ma'aad. Vol. 3, Pg. # 405 - 407.
Abdullah ibn Mas'oud recited verse {5:87} from Surah Al-Maidah in order to prove the legitimacy of Mutah. Let us now discover when this Surah was revealed and why it is relevant to the discussion;
Al-Suyuti:
Ahmad and Aboo Ubayd in his Fadhahil, and Al-Nasa'i and Al-Nuhas in his Nasikh, and Ibn Al-Mundhir and Al-Hakim and he has authenticated it and Ibn Mardawayh and Al-Bayhaqi in his Sunan all have narrated from Jubayr ibn Nufayr who said: I performed Hajj once and visited A'isha and she said to me, "O Jubayr! Do you read (or memorise) Al-Maidah?" I answered, "Yes." She said, "It was the last Surah that was revealed. Therefore, whatever permissible matters you find in it, then consider (treat) them permissible. And whatever impermissible matters you find in it, then consider (treat) them impermissible."
And Ahmad and Tirmidhi who has considered it Hasan (Reliable), and Al-Hakim who has authenticated it and Ibn Mardawayh and Al-Bayhaqi in his Sunan all have narrated from Abdullah ibn Amr who said: "The last Surah which was revealed is Al-Maidah and Al-Fath."
Source: Tafsir Durr Al-Manthoor. Vol. 5, Pg. # 156.
Al-Suyuti:
And narrated Aboo Ubayd from Muhammad ibn Ka'ab Al-Quradhi who said: "The Surah Al-Maidah was revealed upon the Messenger of Allah (saw) in Hajjatul Wadaa' between Makah and Madinah, while he was riding his she-camel, then its shoulder was injured, so the Messenger of Allah (saw) got off of it."
Source: Tafsir Durr Al-Manthoor. Vol. 5, Pg. # 157.
Narrated to us Muhammad bin Abdullah bin Numair Al-Hamadani saying: Narrated to us my father and Wakee and ibn Bishr all from Isma'eel from Qays that he said: I heard Abdullah Saying: "We were in wars with the Prophet (saw) and we had no women so we said: 'Should we castrate ourselves?' He prohibited that and allowed us to marry the woman for a specified period of time for a dress (as dowry), then Abdullah read the verse: 'Oh you who believe! Do not forbid the good things that Allah has allowed for you and do not transgress, Allah does not like the transgressors.'" {5:87}.
Narrated to us Uthman ibn Abi Shaybah from Jarir from Isma'eel ibn Abi Khalid with the above chain likewise and he said: Then he recited for us this verse, and he did not say: Abdullah recited.
And narrated to us Aboo Bakr ibn Abi Shaybah from Wakee from Isma'eel with the above chain and he said: We were young people, and then said: 'O Messenger of Allah (saw)! Shouldn't we castrate ourselves?' and he did not say: 'We were in wars.'
Source: Saheeh Muslim. Pg. # 632, H. # 1404.
Al-Nawawi:
His statement: "Then Abdullah recited this verse: "O you who believe! Do not forbid the good things that Allah has allowed for you." {5:87}
And this is a sign that he believed in its legitimacy just like the opinion of Ibn Abbas and shows that the news of its abrogation had not reached him.
Source: Sharh Saheeh Muslim. Vol. 9, Pg. # 259.
In the above quotation it includes the verse, "For a specified period of time" and mentions the full name of Ibn Mas'oud. Other scholars have also narrated this from Al-Bukhari and Muslim. If we compare the current versions of Saheeh Al-Bukhari, it is noticeable that the key sentence, "For a specified period of time" has been omitted in order to divert the meaning away from the concept of temporary marriage. We have underlined it and placed it in brackets to make it easier for our readers.
Al-Bukhari:
Chapter: "Do not forbid the good things that Allah has allowed for you." {5:87}
Narrated to us Amro ibn Awn from Khalid from Isma'eel from Qays from Abdullah who said: "We were in wars with the Prophet (saw) and we had no women with us, so we said: 'Should we castrate ourselves?' He prohibited that on us and allowed us to marry the woman (*for a specified period of time*) for a dress (as dowry), then he read the verse: 'Oh you who believe! Do not forbid the good things that Allah has allowed for you.'" {5:87}.
Source: Saheeh Al-Bukhari. Pg. # 1135, H. # 4615.
The question which we must pose is: Do those who oppose Nikah Al-Mutah believe that Allah (swt) permits fornication and debauchery? If so, then it is clear that they are contradicting the explicit text of the Holy Qur'aan where Allah (swt) says:
وَإِذَا فَعَلُواْ فَـحِشَةً قَالُواْ وَجَدْنَا عَلَيْهَآ ءَابَاءَنَا وَاللَّهُ أَمَرَنَا بِهَا قُلْ إِنَّ اللَّهَ لاَ يَأْمُرُ بِالْفَحْشَآءِ أَتَقُولُونَ عَلَى اللَّهِ مَا لاَ تَعْلَمُونَ
And when they commit a Fahishah (obscenity), they say: "We found our fathers doing it, and Allah has commanded it for us.'' Say: "Nay, Allah never commands Fahishah (obscenity). Do you say about Allah what you know not'')
{7:28}
Holy Qur'aan
Al-Tha'labi:
Shu'ba has narrated from Al-Hakim: I asked Al-Hakim about this verse {4:24}: (For the pleasure you obtained from them...) is it an abrogated verse? Al-Hakim said: "No, Alee (a.s) has said: 'If Umar did not forbid Mutah, then no one would have committed Zina except the very evil.'"
Source: Tafsir Al-Tha'labi. Vol. 3, Pg. # 286.
Al-Razi:
We say if the abrogation existed it would be either by Tawatur (unanimousness) or by Ahaad (single reports). If the Abrogation was known unanimously then Alee ibn Abi Talib (a.s) and Imran ibn Al Hussain and Abdullah bin Abbas would be rejecters of what is unanimous in Muhammad's (saw) religion and that will mean they are Kafir and hence that would be an impossible contention for sure.
Source: Tafsir Fakhr Al-Razi. Vol. 10, Pg. # 53
Therefore in conclusion the verse {4:24} according to the reading of Ibn Abbas and Ubay bin Ka'ab, Abdullah Ibn Masood, Imam Alee (a.s), Imran ibn Hussain and others insisted on the lawfulness of Mutah marriage and the unlawfulness of Umar's prohibition be it on Mutah of Hajj or marriage.
No comments:
Post a Comment