Saturday, 20 May 2023

Mutah Al-Niqah (Prohibition Of Mutah Al-Nikah & Mutah Al-Hajj) Part III






Who Prohibited Mutah Al-Hajj?


وَأَتِمُّوا۟ ٱلْحَجَّ وَٱلْعُمْرَةَ لِلَّهِ ۚ فَإِنْ أُحْصِرْتُمْ فَمَا ٱسْتَيْسَرَ مِنَ ٱلْهَدْىِ ۖ وَلَا تَحْلِقُوا۟ رُءُوسَكُمْ حَتَّىٰ يَبْلُغَ ٱلْهَدْىُ مَحِلَّهُۥ ۚ فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ بِهِۦٓ أَذًۭى مِّن رَّأْسِهِۦ فَفِدْيَةٌۭ مِّن صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍۢ ۚ فَإِذَآ أَمِنتُمْ فَمَن تَمَتَّعَ بِٱلْعُمْرَةِ إِلَى ٱلْحَجِّ فَمَا ٱسْتَيْسَرَ مِنَ ٱلْهَدْىِ ۚ فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَـٰثَةِ أَيَّامٍۢ فِى ٱلْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ ۗ تِلْكَ عَشَرَةٌۭ كَامِلَةٌۭ ۗ ذَٰلِكَ لِمَن لَّمْ يَكُنْ أَهْلُهُۥ حَاضِرِى ٱلْمَسْجِدِ ٱلْحَرَامِ ۚ وَٱتَّقُوا۟ ٱللَّهَ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ شَدِيدُ ٱلْعِقَابِ

And perform properly (i.e. all the ceremonies according to the ways of Prophet Muhammad SAW), the Hajj and ‘Umrah (i.e. the pilgrimage to Makkah) for Allah. But if you are prevented (from completing them), sacrifice a Hady (animal, i.e. a sheep, a cow, or a camel, etc.) such as you can afford, and do not shave your heads until the Hady reaches the place of sacrifice.

And whosoever of you is ill or has an ailment in his scalp (necessitating shaving), he must pay a Fidyah (ransom) of either observing Saum (fasts) (three days) or giving Sadaqah (charity – feeding six poor persons) or offering sacrifice (one sheep).
Then if you are in safety and whosoever performs the ‘Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu’ and Al-Qiran), he must slaughter a Hady such as he can afford, but if he cannot afford it, he should observe Saum (fasts) three days during the Hajj and seven days after his return (to his home), making ten days in all.

This is for him whose family is not present at Al-Masjid-al-Haram (i.e. non-resident of Makkah). And fear Allah much and know that Allah is Severe in punishment.


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Holy Qur'aan

Ibn Hajar Asqalani:

Chapter: At-Tamattu' during the time of the Messenger of Allah (saw)

Narrated Imran: We performed Tamattu in the lifetime of Allah's Messenger (saw) and then the Holy Qur'aan was revealed (regarding it), but then a man said what he wished according to his own opinion.

Ibn Hajar: The appropriate meaning is that it is Umar, because he was the first person to forbid it and therefore whoever came after him was following him in that issue as it was mentioned in Saheeh Muslim that Ibn Al-Zubayr was forbidding it and Ibn Abbas was allowing it so they asked Jabir, and Jabir mentioned that the first person to prohibit it was Umar.

Source: Fathul Bari Sharh Saheeh Al-Bukhari. Vol. 4, Pg. # 472-473.



Ibn Kathir:

The one who prohibited the Mutah of Hajj was actually Umar bin Khattab, may Allah (swt) be pleased with him, and his prohibition was not from the aspect that it is religiously unlawful, and not in absolute terms, as we mentioned, he rather used to prohibit it so that it should be performed apart from Hajj in a separate journey. It was rather so that more people go to the Holy House (Makkah). The Sahabah, however, had a strong fear of Umar, so they would not incur the disfavour of Umar in most cases, on the other hand, his own son, Abdullah ibn Umar, used to oppose his father obviously, then it was said to him: "Your father prohibited it (the Mutah)!"

He answers: "I feared that rocks will fall from the sky upon you, verily the Messenger of Allah (saw) did it, then which one is more worthy to be followed?! The Sunnah of the Messenger of Allah (saw) or that of Umar ibn Al-Khattab?!" Uthman bin Affan also used to prohibit it, and Alee bin Abi Talib (a.s) opposed him as stated before, and he said: "I will never leave a Sunnah of the Messenger of Allah (saw), because of the saying of some folks."

And Imran bin Hussain said: We performed Mutah of Hajj with the Messenger of Allah (saw), and then no verses of the Holy Qur'aan were revealed prohibiting it, and even the Messenger of Allah (saw) never prohibited it until he died. That is recorded in the two Sahihs (i.e. Sahih Bukhari and Saheeh Muslim).

And also in Saheeh Muslim, it is reported that Sa'ad denounced the rejection of Mutah by Mu'awiyah,and said: "We did it with the Messenger of Allah (saw), and at that time this man, meaning Mu'awiyah, has not believed in the throne yet, meaning that Mu'awiyah was still Kafir in Makkah at that time when the Messenger of Allah (saw) used to do it.

Source: Al-Bidaya wa Al-Nihaya. Vol 7, Pg. # 490 - 491.



Al-Albani:

As about Umar ibn Al-Khattab; the issue is not just that he ordered to perform (Hajj and Umrah) separately, it is rather more important than that, for he prohibited Tamattu of Umrah towards Hajj!

So now we ask this questioner and whoever who shows mettle about the companions: Does he agree with Umar ibn Al-Khattab in his prohibition of Tamattu in Umrah towards Hajj?! I don't think so.

Then what is the difference between us and you? For you share the same opinion with us in opposing Umar ibn Al-Khattab. Umar prohibits Tamattu and you allow Tamattu. There might be someone among you who says: "Tamattu is better!"

In Saheeh Muslim through the narration of Imran ibn Hussain, he says: "We did Tamattu with the Messenger of Allah (saw), Mutah of Hajj, and there has not been revealed any verse of the Holy Qur'aan abrogating it. Then a man said something according to his own opinion."

This is a smooth and fine refutation. He, in his statement: "Then a man said..." alludes to Umar that he did Ijtihad and prohibited people from Tamattu, so he is not ignorant, rather something came to his mind which made him order Muslims to separate them and prohibited them from doing Tamattu.

And Uthman ibn Affan continued with the Sunnah of Umar ibn Al-Khattab in prohibition from Tamattu in Umrah towards Hajj; and that was during his Caliphate while he came out as a Haji and announced it, but Alee ibn Abi Talib (a.s) stood up in his face and said: "What is wrong with you? Are you prohibiting something that we used to do with the Messenger of Allah (saw)?! Labbayk Allahumma in Hajj and Umrah." - He said it in the face of the Caliph -. So Alee (a.s) understood something and knew something that Uthman had not. 

So it is not right for someone to say: "Are they not more knowledgeable and more understanding than us?" And this something that we also say always, but when an issue is a matter of dispute between the companions; it is not corect for anybody to show mettle about any one of them.

Rather we should analyse the issue in a scientific manner, for Umar ibn Al-Khattab prohibited Tamattu, but the Messenger (saw) ordered to do it!

Is there any Muslim, leave aside how much he loves Umar ibn Al-Khattab who can put himself an Umari in every matter? this is not possible; for he finds Umar saying something and the correct opinion is the opposite of it.

For example Umar ibn Al-Khattab during his Caliphate prohibited the traveller to do Tayammum for prayer if he could not find water and says: "He should pass the time without praying until he finds water even if it takes months," and Ammar said to him: "Don't you remember O Commander of the Faithful, when I and you were on a journey and Ghusl became obligatory upon us and we could not find water, and rolled ourselves in dust, like the mule do? And when we came to the Prophet (saw) and told him about it, he (saw) said: 'It was enough for you to strike the ground with your hands and then blow (the dust) and then wipe your face and palms.'" Umar said: "I don't remember." Ammar then said: "Then should I stop? - i.e. stop issuing this Fatwa?" He said: "No, we hold you responsible for what you claim."

Source: Al-Masahil Al-Ilmiyya Wal Fatawa Al-Albani. Pg. # 126 - 127.




Al-Razi:

The third argument is what was narrated that Umar said on the pulpit: "Two Mutah's (Hajj and Women) were legal in the time of the Prophet (saw) and I forbid them, the Mutah of Hajj and the Mutah of Marriage."

Source: Tafsir Fakhr Al-Razi. Vol. 10, Pg. # 54.



Al-Tahawi:

Chapter of Manasik Al-Hajj, Section of Ihram of the Prophet (saw).

Jabir bin Abdullah said: We did Mutah at the time of the Prophet (saw), then when Umar became Khalifah, he made a sermon and said to the people: "The Holy Qur'aan is the same Holy Qur'aan and the Messenger (saw) is the same Messenger (saw) and there were two Mutah's at the time of the Prophet (saw). The first one, the Mutah of Hajj, so separate between your Hajj and Umrah, it would be better for both your Hajj and Umrah, and the other one is the Mutah of Women, I forbid it and I punish upon it."

Source: Sharh Ma'ani Al-Athar. Vol. 2, Pg. # 144, H. # 3671.



Ibn Abdul Barr:

And narrated to us Abdul-Warith from Qasim from Aboo Ubaydah from Abu Khalid Yazid ibn Sanan Al-Basri from Makki ibn Ibraheem from Malik ibn Anas from Nafi' from ibn Umar from Umar who said: "Two Mutah's (Hajj and Women) were in the time of the Prophet (saw). I forbid them and punish upon them, the Mutah's of women and the Mutah of Hajj."

Source: Al-Tamheed. Vol. 10, Pg. # 112 - 113.




Al-Sarkhasi:

It is Saheeh (Authentic) that Umar has prohibited people from Mutah's and said: Two Mutah's were at the time of the Prophet (saw) and I prohibit the people from doing them, the Mutah of women and the Mutah of Hajj."

Source:  Al-Mabsut. Vol. 4, Pg. # 27.



Ibn Rushd Al-Qurtubi:

It was narrated from Umar that he said: "Two Mutah's (Hajj and Women) were at the time of the Prophet (saw), I forbid them, and I punish upon them, the Mutah of women and the Mutah of Hajj."

Source: Sharh Bidayatul Mujtahid. Vol. 2, Pg. # 821.


Ibn Hazim:

Ahmad bin Muhammad Al-Talmanki narrated from ibn Mufarrej from Ibraheem bin Ahmad bin Firas narrated Muhammad ibn Alee ibn Zayd Al-Saegh from Sa'eed ibn Mansoor from Hushaim and Hammad ibn Zayd narrated Khaled Al-Hathaa and Ayoub Al-Sakhtayani from Abi Qolabah Abdullah bin Zayd said: Umar ibn Al-Khattab said: "Two Mutah's (Hajj and Women) were at the time of the Prophet (saw) and I forbid them and I hit upon them." This is the wording of Ayoub and in the narration of Khalid, "I forbid them and I punish upon them, Mutah of the Women and Mutah of the Hajj."

Source: Al-Muhalla. Vol 7, Pg. # 107.



Al-Suyuti:

Chapter titled, "The firsts of Umar."

Al-Askari says: "...The first person who punished over Satire poetry, and the first person who hit 80 times for drinking alcohol, and the first person who prohibited Mutah, and the first person who prohibited the selling of, "the mothers of children," and the first person to gather the people in the prayer of the funerals..."

Source: Tarikh Al-Khulafah (The history of Caliphas). Pg. # 245.



Abdul-Aziz ibn Baaz:

The answer to those who imagine Umar ibn Al-Khattab was the first person who prohibited Mutah:

As for what is Thabit (proven) from Umar that he said: "Two Mutah's were at the time of the Prophet (saw), I forbid them both, the Mutah of the women and Mutah of the Hajj."

Al-Bayhaqi has narrated it in Sunan Al-Kubra, Vol. 7, Pg. # 206, through Homam from Qatadah from ibn Nadhra from Jabir, he said: I said that ibn Al-Zubayr forbids doing Mutah and Ibn Abbas allows it. He said: I narrated the narration, 'We did Mutah during the time of the Messenger of Allah (saw) and Abi Bakr, but when Umar came into power he preached to people and said: The Messenger of Allah (saw) was a Messenger and the Holy Qur'aan is this Holy Qur'aan. There were two Mutah's (Hajj and Women) during the time of the Messenger of Allah (saw) and I forbid them both, and punish upon them, one of them is the Mutah of women, and I don't come across a man who marries a woman up to a specified time unless that I will stone him, and the other one is Mutah of Hajj, keep your hajj separate from your Umrah. That way your hajj will be more complete. And your Umrah will be more complete.' Al-Bayhaqi has narrated it this way.

And he said: Muslim has narrated it in his Saheeh in another form from Homam, Al-Bayhaqi then answers it, saying: "We have no doubt that it was allowed during the time of the Messenger of Allah (saw), but we found out that he forbid the Nikah of Mutah in the year of the conquest (of Makkah) after allowing it, then we could not find anything about it after its prohibition, until he (saw) passed away, so Umar ibn Al-Khattab forbid Nikah of Mutah according to the Sunnah of the Messenger of Allah (saw), so we accepted it from him, and we could not find anything from him (saw) regarding prohibition of Mutah of Hajj in Saheeh (Authentic) narrations, and we found in the statement of Umar what means that it is better to separate between Hajj and Umrah for them to be complete, so we interpreted his prohibition as doing one after the other, and we interpret it as a choice of doing them individually over the other way, not as prohibition. And the success is only through Allah (swt)."

Source. Majmu' Al-Fataawa. Vol. 20, Pg. # 351 - 353.




The closest narration of this event is recorded in Musnad Ahmad bin Hanbal which is as follows:

Ahmad bin Hanbal:

Jabir bin Abdullah: Ibn Al-Zubayr is forbidding Mutah and Ibn Abbas is allowing it, so Jabir said: "It happened in my presence. We did Mutah at the time of the Prophet (saw), and (Affan's wording) also at the time of Aboo Bakr. Then when Umar became Khalifah, he made a sermon and he said: 'The Holy Qur'aan is the same Holy Qur'aan, and the Messenger (saw) is the same Messenger (saw), and there were "Two Mutah's" at the time of the Prophet (saw), one of them is the "Mutah of Hajj" and the other one is the "Mutah of women."

Shuaib Al-Arna'ut: The chain of this narration is Saheeh (Authentic) on the condition of Muslim.

Source: Musnad Ahmad ibn Hanbal. Vol. 1, Pg. # 437, H. # 369.



From the wording of the narration, we can conclude that it is referring to the same occasion. Jabir bin Abdullah is speaking about a dispute which took place between Abdullah ibn Zubayr and Abdullah ibn Abbas with regards to the legality of Mutah. 

In the following narration, Abi Nadhra asks Jabir about the reason for the dispute over the Mutah between Ibn Zubayr and Ibn Abbas. Jabir's reply in Musnad Ahmad was that it was allowed during the time of the Prophet (saw) and Aboo Bakr, then Umar made a sermon and said, "There were two Mutah's which were allowed at the time of the Prophet (saw), the Mutah of Hajj and the Mutah of Women."

This statement only states the obvious; that Mutah was allowed during the time of the Prophet (saw) and then later prohibited. Another account of the incident is recorded in Sunan Al-Bayhaqi as follows:

Al-Bayhaqi:

Jabir ibn Abdullah: I said ibn Al-Zubayr is forbidding Mutah and Ibn Abbas is allowing it so Jabir said: "The event happened in my presence. We did Mutah with the Prophet (saw) and with Aboo Bakr, then when Umar became Khalifah he made a sermon and said: 'The Messenger (saw) is the same Messenger (saw), and the Holy Qur'aan is the same Holy Qur'aan and there were two Mutah's at the time of the Prophet (saw) and I forbid them, and I punish upon them. One of them the Mutah of women, I would stone anyone who marries for a specified period of time, and the other one is the Mutah of Hajj. Separate your Hajj from your Umrah, that is better both for your Hajj and your Umrah.'"

Source: Sunan Al-Bayhaqi. Vol. 7, Pg. # 335, H. # 14170.



Jabir clearly answers Abi Nadhra's question stating that it was allowed at the time of the Prophet (saw) and Aboo Bakr, then Umar made a sermon and said, "Two Mutah's were at the time of the Prophet (saw) and I prohibit them and I punish upon them, the Mutah of Hajj and the Mutah of Women."

This clearly explains the dispute at hand, as some people would have taken Umar's prohibition and other's would have rejected it. This same narration was also transmitted in Saheeh Muslim with the same chain of narrators and in reference to the same query posed by Abi Nadhra to Jabir bin Abdullah in regards to the dispute between ibn Al-Zubayr and Ibn Abbas. This hadeeth further unveils the details of this event and reiterates the fact that Umar himself prohibited the Two Mutah's.

Muslim ibn Hajjaj:

Narrated to us Muhammad ibn Al-Muthanna and ibn Bashar, ibn Al-Muthanna said: Narrated Muhammad ibn Ja'far from Shu'ba from Qatadah from Aboo Nadhra reported: Ibn Abbas commanded the performance of Mutah of putting ihram on for Umrah during the months of Dhul-Hijjah and after completing it, then putting on Ihram for Hajj, but ibn Zubayr forbade to do it. I made mention of it to Jabir ibn Abdullah and he said: "It is through me that this hadeeth has been circulated. We entered into the state of Ihram as Tamattu' with the Messenger of Allah (saw). When Umar was installed as Caliph, he said: 'Verily Allah (swt) made permissible for His Messenger (saw) whatever He liked and as he liked. And (every command) of the Holy Qur'aan has been revealed for every occasion. So accomplish Hajj and Umrah for Allah (swt) as Allah (swt) has commanded you; and confirm by (proper conditions) the marriage of those women (with whom you have performed Mutah). And any person would come to me with a marriage of appointed duration (Mutah), I would stone him (to death).'"

Narrated to me Zuhair bin Harb from Affan from Hammam from Qatadah with this chain with this addition in the hadeeth: "Separate between your Hajj and Umrah , that would be better for both your Hajj and Umrah."

Source: Saheeh Muslim. Pg. # 555 - 556, H. # 145/1217.


Al-Nasa'i:

Muhammad bin Alee bin Al-Hassan bin Shafeeq, from his father, from Aboo Hamzah, from Mutarrif, from Salama bin Kuhayl, from Tawoos, from Ibn Abbas, who said: "I heard Umar say: 'I swear by Allah (swt) that I forbid you from Mutah and it is actually in Allah's (swt) Book and the Messenger of Allah (swt) performed it." He meant the Umrah in the Hajj.

Al-Albani: Its chain is Saheeh (Authentic) 

Source: Saheeh Sunan Al-Nasa'i. Vol. 2, Pg. # 268, H. # 2735.



Ahmad ibn Hanbal:

Narrated Hajjaj said Shareek narrated from Al-Amash he said Al-Fudhail bin Amro narrated from Sa'eed bin Jubair said: Ibn Abbas said: "The Prophet (saw) did Mutah." Urwah bin Al-Zubayr said: "Aboo Bakr and Umar forbade Mutah (Hajj)." Ibn Abbas said: "What is little Urwah saying?" He said: "He is saying Aboo Bakr and Umar prohibited Mutah." Ibn Abbas replied: "I see they will be destroyed. I tell them the Prophet (saw) said and they tell me Aboo Bakr and Umar prohibited it."

Shuaib Al-Arna'ut: The chain is weak because Shareek is forgetful.

Source: Musnad Ahmad ibn Hanbal. Vol. 5, Pg. # 228, H. # 3121.



We see that Shuaib Al-Arna'ut said the chain is weak because Shareek is forgetful. It is understandable and possible that forgetful people may mix things up, but would they invent totally new events out of thin air? We shall leave this for you to decide.

Ahmad ibn Hanbal:

Ya'qoob ibn Ibraheem narrated from His father that ibn Isaac narrated from Abi Ishaq ibn Yasir said: We were in Makkah then Abdullah ibn Al-Zubayr prohibited the Mutah of Umrah to the Hajj (combining the two) and he denied that the people did it in the time of the Prophet (saw). This news arrived to Ibn Abbas, so Ibn Abbas said: "What does ibn Al-Zubayr know about this? Let him go back to his mother Asma, the daughter of Aboo Bakr, and ask her whether Al-Zubayr came back Halal to her and she Halal to him." When the news arrived to Asma she said: "May Allah (swt) forgive Ibn Abbas, he said a shameful thing. By God he said the truth, they were Halal and we were Halal and they rightfully got the women."

Shuaib Al-Arna'ut: The chain is Hasan (Reliable).

Source: Musnad Ahmad ibn Hanbal. Vol. 26, Pg. # 28, H. # 16103.



Ahmad ibn Hanbal:

Abdur Rahman and Abdur Razzaq narrated from Malik that he said ibn Shahab narrated 
from Muhammad bin Abdullah bin Al-Harith bin Nawfal bin Abdul Muttalib said: I heard Sa'ad ibn Abi Waqas and Al-Dhahaq ibn Qays, in the year of the Hajj of Mu'awiyah ibn Abi Sufyan and they were mentioning the Mutah of Umrah to the Hajj. Dhahaq said: "No one does that except the one who is ignorant of the laws of Allah (swt)." Sa'ad said: "What a bad thing you said my nephew." Al-Dhahaq ibn Qays replied: "But Umar ibn Al-Khattab prohibited it." Sa'ad ibn Abi Waqas replied: "The Prophet (saw) did it and we did it with him."

Shuaib Al-Arna'ut: The chain is Hasan (Reliable).

Source: Musnad Ahmad ibn Hanbal. Vol. 3, Pg. # 93 - 94, H. # 1503. 



Ahmad ibn Hanbal:

Hushaim narrated from Younis from Al-Hassan: Umar wanted to forbid the Mutah of the Hajj. So Ubai told him: "You cannot do that, we did  Mutah with the Messenger of Allah (saw) and he did not stop us from doing it." Umar ignored this  matter, and then he went and tried to prohibit some clothing that gets tanned by urine, so Ubai told him, "You cannot do that. The Prophet (saw) wore them and we put them on in his time."

Shuaib Al-Arna'ut: The narrators are trustworthy, they are the narrators of Bukhari and Muslim.

Source: Musnad Ahmad ibn Hanbal. Vol. 35, Pg. # 205, H. # 21283.


Ahmad ibn Hanbal:

Narrated to us Aboo Abdullah Muhammad bin Ja'far from Shu'ba from Al-Hakim from Umara bin Umair from Ibraheem bin Abi Musa from Abi Musa who used to allow Mutah. Then a man told him to wait a minute with your fatwa, you do not know what Ameer ul Mo'mineen (Umar) has innovated in your absence. 

Then I met Umar, so I asked him about it and Umar replied: "I knew that the Prophet (saw) did it and his companions, but I disliked to see them go to their women and then come to the Hajj with their heads dripping with water."

Shuaib Al-Arna'ut: Its chain is Saheeh (Authentic) by the criteria of Muslim.

Source: Musnad Ahmad ibn Hanbal. Vol. 1, Pg. # 426, H. # 351.



It should not come as a surprise on how inconsistent the so-called, 'Ahl ul Sunnah' were in regard to Mutah Al-Nikah and Mutah of Al-Hajj. Even though Umar forbade both Mutah's, they only accepted and applied his prohibition on the Mutah Al-Nikah. They unanimously agree on the permissibility of the Mutah of Hajj until today. This is confirmed by the words of the prominent scholar Al-Nawawi who issued the following Fatwa:

Al-Nawawi:

Chapter of Hajj, Section on the opinions of the scholars on Ifrad (doing Hajj and Umrah individually), Mutah of Hajj and Qiran. 

"We mentioned that our opinion is the permissibility of all three of them and this is what all the scholars of the Sahabah and Tabi'een and those who came after them have said. Except for what is established in the two Saheeh's (Al-Bukhari and Muslim) from Umar and Uthman that they were forbidding it."

Source: Al-Majmu' Sharh Al-Muhazzib. Vol. 7, Pg. # 143.



Ahmad ibn Hanbal:

Narrated to us Yahya from ibn Harmala from Sa'eed ibn Al-Musayab: Uthman went to Hajj and when he was on the way, Alee (a.s) was informed that Uthman was forbidding the Mutah of Hajj. Alee (a.s) told his companions: "If you see him going, you go as well." Alee (a.s) and his companions did the Mutah (combined Hajj and Umrah) but Uthman did not forbid them, so Alee (a.s) asked Uthman: "Wasn't I informed that you were forbidding the Mutah?" He said "Yes." So Alee (a.s) said: "Didn't you hear that the Prophet (saw) performed Mutah?" Uthman replied "Yes."

Shuaib Al-Arna'ut: This Narration is Hasan (Reliable) due to other (supportive ) narrations. 

Source: Musnad Ahmad ibn Hanbal. Vol. 1, Pg. # 463 - 464, H. #402.




Muslim ibn Hajjaj:

Muhammad ibn Al-Muthanna from Muhammad ibn Al-Bashir from Muhammad ibn Ja'far from Shu'ba from Amro bin Murra from Sa'eed ibn Al-Musayab: Alee (a.s) and Uthman gathered in Usfan and Uthman was forbidding the Mutah. So Alee (a.s) said: "What do you want from an action that the messenger of Allah (saw) did. Are you forbidding the people from doing it?" Uthman said: "Leave us alone." Alee (a.s) said: "I cannot leave you." After seeing this, Alee (a.s) took the people with him and continued the procedure with them.

Source: Saheeh Muslim. Pg. # 561, H. # 159 / 1223.





When Was Mutah Al-Niqah Prohibited?


Ibn Hajar Asqalani:

There have been mentioned about the time of its prohibition six or seven opinions that we mention here based on their time order:

First: At Umrah of Qadha: Abdul Razzaq in his Musannaf from Ma'mar from Amr from Al-Hassan who said: Mutah was not allowed except for three days in Umrah of Qadha. It was not allowed neither before that nor after that, and another witness for it is what Ibn Hibban has narrated in his Saheeh through the narration of Sabra ibn Ma'bad who said: We set out with the Messenger of Allah (saw) when we did Qadha of our Umrah. He (saw) said to us: "Do Mutah with these women." And then he mentioned the Hadeeth.

Second: In Khaybar, it is unanimous (i.e. narrated by both Bukhari and Muslim) through Alee (a.s) with the wording: "He forbid the Nikah of Mutah on the day of Khaybar." And Al-Suhayli and others have criticised it, but there is no problem in it and it has been narrated in Musnad of Ibn Wahab through Ibn Umar likewise and its chain is strong. Al-Bayhaqi and others have narrated it.

Third: In the year of conquest (of Makkah), Muslim has narrated it through Sabrah ibn Ma'bad that: "The Messenger of Allah (saw) forbid Mutah of women on the day of conquest." And in another wording: "He ordered us to do Mutah in the year of conquest when we entered Makkah, then we did not leave Makkah until he forbid it for us." And in another wording: The Messenger of Allah (saw) said: "O people, I used to allow you to do Mutah with these women, but Allah (swt) forbid it until the day of judgment." 

Fourth: In the day of Hunain, Al-Nasa'i has narrated it from Alee (a.s), and it is apparently a mistake of Khaybar and Al-Daar Qutni mentioned: Abdul Wahab Al-Thaqafi is the solitary narrator from Yahya ibn Sa'eed from Malik in his wording with "Hunain" in the narration of Salamah ibn Akwa' it is in the year of Awtaas, Al-Suhayli said: This is in accordance with the narration of the year of conquest, because they both happened in the same year.

Fifth: In the battle of Tabuk, Al-Hazimi has narrated it through Abbad ibn Kathir from Ibn Aqeel from Jabir who said: "We set out with the Messenger of Allah (saw) for the battle of Tabuk until we reached the hills that lead to Shaam. Then some women came to us and we did Mutah with them and they circled our men, so we asked the Messenger of Allah (saw) about them and he informed us and became angry and stood up and praised Allah (swt) and thanked Him and forbid us from doing Mutah, so we left it that day and we never got near it again and we will never get near it ever. And that is why that day is called "Hills of farewell" and this chain is weak, but Ibn Hibban has narrated in his Saheeh (Authentic) through the Hadeeth of Aboo Hurairah which is a witness to the previous narration and Al-Bayhaqi has narrated it with the mentioned chain with the wording: "We set out with the Messenger of Allah (saw) for the battle of Tabuk and reached the Hills of farewell" and then he mentioned it, and it is possible to interpret it that it was for those to whom the news of its prohibition had not reached them on the day of the conquest, that is why the Prophet (saw) got angry.

Sixth: In Hajjatul Widah (farewell Hajj), Aboo Dawood has narrated it through Al-Rabi' ibn Sabrah who said: "I bear witness that my father narrated from the Messenger of Allah (saw) that he forbid it in the farewell Hajj." And there are two answers for this:

First answer: The meaning of mentioning of its prohibition in the farewell Hajj was for the propagation of its prohibition and unlawfulness due to the large number of people who were present there.

Second answer: It is possible that one of its narrators has confused the conquest of Makkah with the farewell Hajj, because most of the narrators from Sabrah mention that it was in the year of conquest, Allah (swt) knows best.

Source: Talkhees Al-Habir. Vol. 3, Pg. #321 - 322.



In summary, these narrations could be divided into the following categories:

1) The Prohibition At Khaybar (7 A.H):

The first category are the narrations which claim the prohibition took place on the event of Khaybar which was in the 7th year of the Hijri calender. All these narrations are attributed to Imam Alee (a.s) and have a somewhat weak chain of transmission from Ibn Umar. As such, the majority of companions have only reported the prohibition of domestic donkeys at Khaybar with no mention on the prohibition of Mutah. For this reason, we find that some have suggested that the narration attributed to Imam Alee (a.s) does not specify the time of prohibition of Mutah in Khaybar as the domestic donkeys are only mentioned. 

Ibn Hajar Al-Asqalani: 

Aboo Uwana says in his Saheeh: "I have heard scholars saying: "the meaning of the tradition related by Alee is that eating domestic mules was prohibited in the day of Khaybar, as about Mutah it is silent about it, rather its prohibition was in the day of Al-Fath."

Source: Fatah Al-Bari Fi Sharah Saheeh Al-Bukhari. Vol. 11, Pg. # 420.



Badr Al-Din Al-Ayni:

Ibn Abdul Bar said: "The mentioning of the prohibition of Mutah on the day of Khaybar is wrong.", Al-Sohaili said: "On the prohibition of Mutah on the day of Khaybar, none from amongst the historians and narrators are aware of it.", and indeed Al-Shafi has narrated from Malik through his chain from Alee (a.s) saying that the Messenger of Allah (saw) prohibited eating of domestic mules on the day of Khaybar and he does not add anything else to it and remains silent about the story of Mutah as he knew the differences of opinion about it.

Source: Umdatul Qari. Vol. 17 Pg. # 329.


Now interestingly all the chains of these narrations end with Al-Zuhri, the handkerchief of the governors who was a Mudallis, and he has narrated from Al-Hassan and Abdullah the two sons of Muhammad ibn Al-Hanafiyyah from their grandfather Imam Alee (a.s). The former i.e. Al-Hassan, is the founder of the sect of the 'Murji' and has opposed his entire family in the prohibition of Mutah. This individual did not approve the actions of his grandfather, Ameer ul Mo'mineen (a.s) which made his father, Muhammad ibn Al-Hanafiyyah angry such that he stroke his son's head with his stick.    

Therefore, it is very possible that such an individual who possesses an inferior personality could fabricate a narration about their grandfather prohibiting Mutah Al-Nikah. Additionally, the hardships the family were subjected to at the time of the Zubayrites who imprisoned them in a valley, plus the Umayyads who considered Mutah adultery, could very well have contributed to such an outcome, and all of this narrated through an individual such as Al-Zuhri does not help the cause either.

It could also be possible that the prohibition was just for that particular day. For example, it has also been reported elsewhere that the Prophet (saw) forbade the eating of Garlic as is evident from the following narration.

Narrated by Ibn Umar on the day of Khaybar, Allah's Apostle forbade the eating of garlic and the meat of donkeys.


For combat athletes like fighters or boxers, having sex before an important fight can reduce the aggressiveness and make them passive, although effects vary from person to person. Considering the circumstances that surrounded the battle, the moral of soldiers was low. They had been fighting for several days with no victory until the banner was given to Imam Alee (a.s). The Prophet (saw) by the permission of Allah (swt) may have forbidden soldiers from doing Mutah Al-Nikah for this battle just as he had forbidden people from eating Garlic. Though it is known Muslims all over the world generally use Garlic in most of their dishes and not not consider it unlawful. If they deem Mutah unlawful on the day of Khaybar, then likewise, Garlic should also be considered unlawful for consumption.


2) The Prohibition In Umratul Qadha (7 A.H. after the battle of Khaybar):

Umratul Qadha took place in the year 7 A.H. after the battle of Khaybar and before the conquest of Makkah and interestingly, the narration is through Sabrah ibn Ma'bad Al-Juhani in Saheeh Ibn Hibban and it was also the opinion of Al-Hassan Al-Basri.

3) The Prohibition At Hunayn (8 A.H)

Another tradition which claimed Mutah was prohibited at Hunain. This tradition is recorded by Nisa'i and Darqutni.

4) The Prohibition At Fath Makkah (The Conquest Of Makkah 8 A.H):

These reports have all been narrated by one person, namely Sabrah ibn Ma'bad Al-Juhani. These narrations claim that the Prophet (saw) had allowed Mutah for a few days during Fath Makkah or (the year of Autas) and then he forbade it forever. 

This claim was adopted by many scholars as the authentic and the valid time of the prohibition of Mutah and hence it was narrated in Saheeh Muslim. However, the problem is, that these narrations would obviously contradict all the other reports attributed to Imam Alee (a.s) regarding the prohibition taking place during Khaybar in the 7th year of Hijrah since Fath Makkah was on a later date in the 8th year of Hijrah. So how would it be possible that the Prophet (saw) allowed it in Fath Makkah after he had already forbidden it in Khaybar?

5) The Prohibition At Autas (8 A.H):

The year of Autas is the year of the conquest of Makkah because the wars of Autas were connected to the conquest of Makkah. For this reason, many have taken it as one single occasion with the prohibition at the conquest of Makkah. This narration has been narrated from Salamah ibn Al-Akwa' and he says that it was allowed for three days and then forbidden. But we find that there exists a contradiction for that narration from him in Musnad Al-Royani regarding Mutah which shows that it was never prohibited, and he feared being stoned for saying that.

6) The Prohibition At Tabuk (9 A.H):

The battle of Tabuk took place in the year 9th A.H one year after the conquest of Makkah. The reports of prohibition of Mutah on that occasion go back to Jabir through a weak chain and to Aboo Huraira in Saheeh Ibn Hibban.

7) The Prohibition At Hujjatul Wida (The Prophet's (saw) Farewell Pilgrimage 10 A.H):

The notion that Mutah was outlawed till the day of judgement is rather strange, especially when the prohibition of Mutah Al-Nikah during the incident of Khaybar (6 A.H), we find it was practiced later during the battle of Hunain/Autas (8/9 A.H), during the Prophets (saw) farwell Hajj (10 A.H) and even up until the Caliphate of Umar ibn Khataab.


Al-Suyuti:

“Muslim, Aboo Dawood, Tirmidhi, and Nasa'i narrate from Aboo Sa’eed al-Khudri that he said: we have captive married women during Awtas (battle), thus we disliked to have sexual intercourse with them as long they were married, then we asked Allah’s Messenger (may peace to upon him), Then its been revealed regarding that: "And women already married, except those whom your right hands possess {4:24}” Married women that have come from war Booty. We then deemed it lawful to take such women.

Tabrani narrated from Ibn Abbas that he said: the verse descended at Hunayn (8/9 A.H), as after the victory of Hunayn, Muslims got hold of many married female captives from Ahlul-Kitab (people of the Book) but whenever one tried to approach them, they said: ‘We already have husbands’ thus people referred the matter to Prophet (saw) and it was at that time that this verse descended”.

Source: Lubab al-Nuqool. fi Asbab al-Nuzul. Pg. # 71. H. # 250-251.



Al-Albani:

Chapter: Regarding Intercourse With Captives

Aboo Sa’eed Al Khudri said “The Apostle of Allah (saw) sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of Apostle of Allah (saw) were reluctant to have relations with the female captives because of their pagan husbands. So, Allah the exalted sent down the Qur’anic verse “And all married women (are forbidden) unto you save those (captives) whom your right hand possess.” This is to say that they are lawful for them when they complete their waiting period.

Al-Albani: Hadeeth is Saheeh (Authentic)

Source: Saheeh Sunan Aboo Dawood. Pg. # 599. H. # 2155.


Al-Nasa'i:

Chapter: Meaning Of The Saying Of Allah, The Mighty And Sublime: "Also (Forbidden Are) Women Already Married. Except Those (Slaves) Whom Your Right Hands Possess."

It was narrated from Aboo Sa'eed Al-Khudri that the Prophet of Allah (saw) sent an army to Autas. They met the enemy, fought them, and prevailed over them. They acquired female prisoners who had husbands among the idolaters. The Muslims felt reluctant to be intimate with them. Then Allah, the Mighty and Sublime revealed:

"Also (forbidden are) women already married, except those (slaves) whom your right hands possess," meaning, this is permissible for you once they have completed their 'Iddah.

Al-Albani: Hadeeth is Saheeh (Authentic)

Source: Saheeh Sunan Al-Nasa'i. Pg. # 446. H. # 3333.



Al-Albani:

Chapter: What Has Been Related (About A Man) Who Captures A Slave Woman That Has A Husband, Is It Lawful For Him To Have Relations With Her?

Aboo Sa'eed Al-Khudri narrated: "We got some captives on the day of Awtas, and they had husbands among their peopled. They mentioned that to the Messenger of Allah, so the following was revealed: And women who are already married, except those whom your right hands posses".

Al-Albani: Hadeeth is Saheeh (Authentic)

Source: Saheeh Sunan Al-Timirdhi. Pg. # 576. H. # 1132.



Aboo Ya'laa:

Narrated to us Aboo Khaythama from Is'haq Al-Azraq from Abdul-Aziz ibn Abdul-Aziz from Al-Rabi' Ibn Sabra from his father Sabra ibn Ma'bad who said: "The Messenger of Allah (saw) said in the day of Hajjatul Wadaa (farwell Hajj): 'Do Istimtaa (enjoy) these women.' And Istimtaa for us is marriage." He said: So we asked the women, but they refused unless we specify a fixed period of time for it. Then we mentioned it to the Messenger of Allah (saw), so he (saw) said: 'Do it.' So I went out with a cousin of mine, every one of us had a Burda (striped cloth from Yemen) with himself." He said: "So we passed by a woman and she liked my youth but the Burd of my cousin, but she said: 'Your Burd is worth it.' so I married her, and slept with her that night, the next morning the Messenger of Allah (saw) said between Rukn and Maqaam: 'I used to allow you to do Mutah, so whoever of you has anyone of them with him, he should leave her, for Allah has forbidden it till the day of Judgment.'"

Footnote: Hussain Saleem Asad: Its chain is Saheeh (Authentic).

Source: Musnad Aboo Ya'laa, Vol. 2, Pg. # 238 - 239.


Ahmad ibn Hanbal:

Narrated to us Abdul Razzaq from Ma'mar from Abdul-Aziz ibn Umar from Al-Rabi' ibn Sabra from his father who said: "We set out with the Messenger of Allah (saw) from Medina towards Hijjatul Wadaa until we reached Asfaan, so the Messenger of Allah (saw) said: 'Verily the Umrah has entered into Hajj.' So Suraqa ibn Malik or Malik ibn Suraqa - the doubt is from Abdul-Aziz - said: 'O Messenger of Allah (saw) teach us like a group of people as if they are just born today, is our Umrah just for this year or forever?' He said: 'It is rather forever.' So when we reached Mecca, we circumambulated the House and between Safaa and Marwa, then he ordered us to do Muta of women, so we went to him and said: 'O Messenger of Allah(saw), they refused to do it unless for a fixed period of time.' He (saw) said: "So do it." He said: so I went out with a friend of mine, I had a Burd (striped cloth of Yemen) and he had a Burd, so we entered upon a woman and presented ourselves to her, she started looking at the Burd of my friend and thought it is better than my Burd, and then looked at me and saw that I am younger than him, so she said: 'a Burd instead of a Burd.' and she chose me, so I married her for ten days with my Burd, and I slept with her that night, the next morning when I went to the mosque, I heard the Messenger of Allah (saw) preaching on the pulpit, he said: 'Whoever of you has married a woman for a fixed period of time, he should give her what he has promised for her and should not take back anything of what he has given her, and then he should separate her, for Allah Almighty has forbidden it till the day of Judgment.'

Shuaib Al-Arna'ut: Its chain is Saheeh (Authentic) by the criteria of Muslim.

Source: Musnad Ahmad ibn Hanbal. Vol. 24, Pg. # 60 - 61.


Muslim ibn Hajjaj:

Jabir ibn Abdullah reported: We contracted temporary marriage giving a handful of (tales or flour as a dower during the lifetime of Allah's Messenger (may peace be upon him) and during the time of Aboo Bakr until Umar forbade it in the case of Amr ibn Huraith.

Source: Saheeh Muslim. Pg. # 632, H. # 16.



These narrations are also narrated by the same person, Sabrah Al-Juhany. Sabrah mentions an identical event to the third category of narrations. He claims that the Prophet (saw) had allowed it for a few days then he forbade it. However, this time he says that this event occurred in Hujjatul Wida rather than in Fath Makkah. 

This claim obviously contradicts the Fath Makkah reports. How could the Prophet (saw) have allowed Mutah Al-Nikah during Hujjatul Wida after he had already permanently forbidden it in Fath Makkah forever?

It is rather clear that one of these two claims must be incorrect since both have originated from the same person. These narrations have created a dilemma for the so-called 'Ahl ul Sunnah' as their scholars have attempted to reconcile them. 

If we were to accept all these claims, then we would conclude that the Prophet (saw) had allowed Mutah even though he had repeatedly forbidden it beforehand and that he (saw) allowed it many times until he finally forbade it forever. But despite this, many of the companions did not believe in its abrogation and the Salaf were practicing it without any problem until after the death of the Prophet (saw).

The historical dispute between Ibn Abbas and Ibn Zubayr on the issue of Mutah marriage, proves that up until 68th Hijri i.e. 58 years after the death of the Holy Prophet (saw), there was complete ignorance over Mutah Al-Nikah being prohibited on eleven occasions, from which one can deduce that those traditions were fabricated later.

This dispute between Abdullah ibn Al-Zubayr and Ibn Abbas which Ibn Hajar refers to in the first hadeeth of this section shall now be explained further.

Muslim ibn Hajajj:

Chapter: Mut'ah Marriage: It was permitted then abrograted, then permitted then abrogated, and it will remain Forbidden until the day of resurrection

Aboo Nadra reported: While I was in the company of Jabir ibn Abdullah, a person came to him and said that Ibn Abbas and Ibn Zubair differed on the two types of Mutahs (Tamattu of Hajj and Tamattu with women), whereupon Jabir said: "We used to do these two during the lifetime of Allah's Messenger (saw). Umar then forbade us to do them, and so we did not revert to them."

Source: Saheeh Muslim. Pg. # 632 - 633, H. # 17.


Ibn Homam:

And what also points to the fact that he (Ibn Abbas) did not back down from it (i.e. from allowing Mutah marriage) when Alee (a.s) said it to him, is the narration through Urwa ibn Al-Zubayr in Saheeh Muslim: Abdullah ibn Al-Zubayr stood up (and delivered an address) in Makkah saying:

"Allah (swt) has made blind the hearts of some people as He has deprived them of eyesight that they give religious verdict in favour of Mutah" while he was alluding to a person (Ibn Abbas). Ibn Abbas called him and said: "You are an uncouth person, devoid of sense. By my life, Mutah was practiced during the lifetime of the leader of the pious" (he meant Allah's Messenger, may peace be upon him), and Ibn Zubayr said to him: "Just do it yourselves, and by Allah (swt) if you do that I will stone you with your stones!"

And Al-Nasa'i has also narrated it, and there is no doubt that the person he was alluding to was Ibn Abbas while he had turned blind. That is why Ibn Al-Zubayr said: "As Allah (swt) has blinded their hearts" and that was during the Caliphate of Abdullah ibn Al-Zubayr and that was after the demise of Alee (a.s). So it is proven that he (i.e. Ibn Abbas) was firm on its permission and did not back down due to the statement of Alee (a.s). So it is more obvious that he backed down after that as Al-Tirmidhi has narrated from him saying: "Mutah was only during the beginning of Islam. A man would arrive in a land that he was not familiar with so he would marry a woman for the extent of time that he thought he would remain there. So his Mutah was upheld, and his case was fine until the (following) Ayah was revealed: 'Except their wives or what their right hands possess.' Ibn Abbas said: Then every private part other than those became unlawful."

So this shows that he was informed that the issue was of this sort, therefore he backed down from it or just narrated it, and it has been reported from him that he allowed it in emergency cases and hardship in journeys.

Footnote: This narration (Al-Tirmidhi) is weak, the analysis for it has been mentioned before, only Musa ibn Ubayda has narrated it and he is weak, and here he has contradicted what is famous from Ibn Abbas.

Source: Tafsir Fath Al-Qadir. Vol. 3, Pg. # 239 - 240.



At this point, it is worth mentioning the above weak narration on the authority of Ibn Abbas. 

Ibn Hajar Asqalani:

Ibn Battaal said: "The People of Makkah and Yemen have narrated from Ibn Abbas that Mutah is permissible. And it is narrated by a weak chain that Ibn Abbas revoked its permissibility. The permission of Mutah through him is more authentic and it is also the doctrine of the Shi'a."

Source: Fathul Bari Sharh Saheeh Al-Bukhari. Vol. 11, Pg. # 427.



Ibn Qayyim:

And the Fatwa of Ibn Abbas about Mutah marriage is famous as Urwah said: Abdullah ibn Al-Zubayr stood in Makkah and said there are some people whom God has blinded their hearts just like He blinded their eyes. They legalise Mutah - alluding to Abdullah Ibn Abbas, so he (Ibn Abbas) answered and said: "You are a roughneck and rude person! I swear by my life, it used to be done in the time of Imam of Muttaqeen (refering to the Prophet (saw))." Ibn Al- Zubayr said to him: "Try it yourself! By God if you do it I will stone you with your own stones."

Source: Ighathatul Lahfaan Fi Masayid Ash-Shaytaan. Vol. 1, Pg. # 491.


Muslim ibn Hajjaj:

Harmalah bin Yahya narrated from ibn Wahab narrated Younis ibn Shihab from Urwah ibn Al-Zubayr who said: Abdullah ibn Al-Zubayr stood in Makkah and said, "There are some people whom God has blinded their hearts just like he blinded their eyes; they legalise Mutah Marriage," mentioning a man. So the man answered: "You are a rough person, I swear by my life it used to be done in the time of the Prophet (saw)." Ibn Al-Zubayr said to him: "Try it yourself, by God, if you do it I will stone you with your own stones."

Source: Saheeh Muslim. Pg. # 634, H. # 27.



Al-Nawawi:

His statement: "There are some people whom God has blinded their hearts just like He blinded their eyes, alluding to a man." i.e. he was alluding to Ibn Abbas.

Source: Sharh Saheeh Muslim. Vol. 9, Pg. # 267.




The Companions & Students Of Ibn Abbas On Mutah Al-Niqah


The truth is that these fabricated traditions about the different timings of the prohibition of Mut’ah did not exist during the entire first century. Our assertion can be evidenced by the fact that great Tabayee such as Sa'eed Ibn Jubyr, ‘Ataa bin Abi Riyah, Tawoos bin Kaysaan and other jurists from Mecca and Yemen kept on following the Fatwa of Ibn Abbas until the second century and accordingly believed that Mutah was Halal.

Qadhi Al-Maz'hari: 

Al-Hafidh: "those who issued fatwa on it (i.e. permissibility of Mut'a) from among Al-Tabieen are: Ibn Juraij, Tawoos, Ataa, the students of Ibn Abbas, Sa'eed ibn Jubair and the Jurisprudents of Mecca." and that is why Al-Awdhaee has said in what Al-Hakim has narrated from him in Ulum Al-Hadeeth: "five opinions from the people of Hijaz should be abandoned." and then he counts from among those the Mut'a of women from among the opinions of the people of Mecca and having intercourse on the backside of women from among the opinions of the people of Medina.

Source: Tafsir Al-Maz'hari. Vol. 2, Pg. # 285.




Abul Barakaat ibn Taymiyyah:

Ibn Hazm said: "After the Messenger of Allah (saw) remained on its permissibility Ibn Masoud, Muawiyah, Aboo Saeed, Ibn Abbas, Salamah and Ma'bad, sons of Umayya ibn Khalaf, Jabir and Amr ibn Urayth. And Jabir has narrated that this was true about all the companions during the lifetime of the Messenger of Allah (saw), Abi Bakr and Umar until near the end of the caliphate of Umar. He said: "and from among the Tabieen: Tawoos, Sa'eed ibn Jubair, Ataa, and the rest of the Maccan jurists (believed in its permissibility)."

Source: Al-Muntaqa Min Akhbaar Al-Mustafa. Vol. 2, Pg. # 520.


Ibn Shabbah:

Prohibtion of Mutah of Women by Umar:

Narrated to us Ibn Abi Khaddash Al-Mawsili from Isa ibn Yunus from Al-Ajlah from Abi Zubayr who said, narrating from Jabir ibn Abdullah that Amr ibn Huraith did Mutah with a woman in Madinah and she got pregnant. Then she was brought to Umar and he wanted to hit her, so she said: "O Commander of the Faithful, Amr ibn Huraith did Mutah with me." So Umar said: "Who witnessed your Nikah?" She said: "My mother and my sister." Then Umar said: "Without any guardian and witnesses?!" And then sent someone to call Amr ibn Huraith. He came and then he asked him, so he said: "She says the truth." Then Umar said: "This Nikah is corrupt, and you see what it has caused." So Umar decided to forbid it. Aboo Zubayr said: "Then I asked Jabir: 'Is there any inheritance between them?' He said: 'No.'"

Footnote: And its chain is Saheeh (Authentic).

Source: Tarikh Al-Madinah. Vol. 2, Pg. # 284 - 285.



Ibn Shabbah:

Mentioning those who did Mutah before the prohibition of Umar:

It is said that Amr ibn Huraith did Mutah with a woman from Bani Sa'ad ibn Bakr and she bore a child, then he denied her the child.

And Salamah ibn Umayyah ibn Khalaf did Mutah with Salami, the servant of Hakim ibn Umayyah ibn Haritha ibn Al-Awqas Al-Salami, and she bore a child, then he denied her the child.

And Sa'ad ibn Abi Sa'ad ibn Abi Talha from Bani Abdul-Daar did Mutah with Umayra, a servant of Kenda, she bore Abdullah ibn Sa'ad.

Then Fadhala ibn Ja'far ibn Umayyah ibn Abid Al-Makhzoomi did Mutah with her and she bore for him Umayyah ibn Fadhalah.

And Abdullah ibn Abi Awf ibn Jabira Al-Sahmi did Mutah with the daughter of Abi Labiba, sevant of Hisham ibn Al-Walid ibn Al-Mughira, and she used to sell wine and rent her house, so she bore Yusuf for him, he has no descendants, then Umar said to him: "Do you know this child?" He said: "No." Umar said: "If you had said: 'Yes.' I would have stoned you with stones." and Umar knew the evil deeds of this woman, so he forbid Mutah. 

Source: Tarikh Al-Madinah. Vol. 2, Pg. # 284 - 285.
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