Saturday, July 5, 2014
Mut'a - Temporary Marriages
Evidence of it's existence:
Salama b. al-Akwa' and Jabir b. Abdullah reported: Allah's Messenger (May peace be upon him) came to us and permitted us to contract temporary marriage.
Sahih Muslim Book 008, Hadith Number 3247
Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr that Khawla ibn Hakim came to Umar ibn al-Khattab and said, ''Rabia ibn Umayya made a temporary marriage with a woman and she is pregnant by him.'' Umar ibn al-Khattab went out in dismay dragging his cloak, saying, "This temporary marriage, had I come across it, I would have ordered stoning and done away with it!"
Maliks Muwatta Book 028, Hadith Number 042
Evidence that it was conditional:
Abdullah (b. Mas'ud) reported: We were on an expedition with Allah's Messenger (May peace be upon him) and we had no women with us. We said: Should we not have ourselves castrated? He (the Holy Prophet) forbade us to do so He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and 'Abdullah then recited this verse: "Those who believe do not make unlawful the good things which Allah has made lawful for you, and do not transgress. Allah does not like transgressors" (al-Qur'an, v. 87).
Sahih Muslim Book 008, Hadith Number 3243
When it was made forbidden:
Narated By Saburah ibn Ma'bad al-Juhani : The Apostle of Allah (pbuh) prohibited temporary marriage with women.
Abu Dawud Book 005, Hadith Number 2068
Ali b. Abi Talib reported that Allah's Messenger (may peace be upon him) forbade on the Day of Khaibar temporary marriage (Muta') with women and the eating of the flesh of domestic asses.
Sahih Muslim Book 021, Hadith Number 4763
Conclusion:
Iyas b. Salama reported on the authority of his father that Allah's Messenger (May peace be upon him) gave sanction for contracting temporary marriage for three nights in the year of Autas 1847 and then forbade it.
Sahih Muslim Book 008, Hadith Number 3251
Sabra al-Juhanni reported on the authority of his father that while he was with Allah's Messenger (May peace be upon him) he said: O people, I had permitted you to contract temporary marriage with women, but Allah 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 then (as dower).
Sahih Muslim Book 008, Hadith Number 3255
Some Sahabas gave certain relaxation in connection with the contracting of temporary marriage, whereupon they were reminded not to be hasty (in your religious verdict).
Ali (Allah be pleased with him) heard that Ibn Abbas (Allah be pleased with them) gave some relaxation in connection with the contracting of temporary marriage, whereupon he said: Don't be hasty (in your religious verdict), Ibn 'Abbas, for Allah's Messenger (May peace be upon him) on the Day of Khaibar prohibited forever the doing of it-And eating of the flesh of domestic asses.
Sahih Muslim Book 008, Hadith Number 3266
Umer (ra) later prohibited it as well during the time of his khilafa.
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