Who Prohibited Mut’a?

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Temporary Marriage in Qur'an, Tradition and Common ConsensusThe Best Solution

Expression which we quoted above from Jaber ibn Abdullah refers to a famous Hadith that lots of Hadith tellers, commentators and Faqihs of Ahl -e- Sonnat have quoted from second leader in their books. Text of Hadith is: “There were two kinds of Mut’a lawful and allowed in the age of prophet of Allah (s.a.) but I forbid them: Tamattu Hajj and temporary marriage”.

And in some other versions it has been added with: “and I will punish for doing them”.

Meaning of Mut’a for Hajj is that, first Hajji performs Umra and them leave the prohibitions (Ihram) and after a while or a long time return to prohibitions for Hajj.

This Hadith is one of famous Ahadith, which has been quoted with a little difference from Omar that he said above the pulpit among people. We mention seven resources from resources of Hadith, Fiqh and interpretation of Ahl -e- Sonnat:

1- Musnad of Ahmad, vol. 3, page 325.

2- Sunan of Beihaghi, vol. 7, page 206.

3- Almabsoot by Sarakhsi, vol. 4, page 27.

4- Almughani by Ibn Qudama, vol. 7, page 571.

5- Almuhalla by Ibn Hazm, vol. 7, page 107.

6- Kanz Alummal, vol. 16, page 521.

7- Great interpretation of Fakhr Raazi, vol. 10, page 52.

***

This Hadith clears several issues:

A) Acceptability (being Halaal) of Mut’a during the time of first leader

Mut’a (temporary marriage) was permitted during entire life of Prophet (s.a.) and even the age of first leader and second leader forbade that!

B) Ijtihad against Nass (explicit words of Prophet and Qur'an)

Caliph let himself to legislate against explicit words of Prophet (s.a.), while Qur'an says: “Take all that prophet brought to you and abstain from all that he prohibited.”1

Does anyone except Prophet (s.a.) have the right to make changes in divine orders?

Can anyone say that prophet of Allah did this and I do not act like that?

Is Ijtihad allowed against Nass which are taken from Allah?

The truth is leaving and prohibiting the order of prophet of Allah (s.a.) with this effrontery is amazing.

Moreover if the way for using Ijtihad against Nass opens, then why others do not act the same? Is Ijtihad for only one person exclusively and others are not Mujtahid? This is a serious matter, because by opening the way for Ijtihad against Nass none of divine orders have immunity, and a huge chaos will happen in eternal orders of Islam and actually all orders of Islam will be in danger.


1- Hashr Sura, verse 7.

C) The Reason for Disagreement of Omar

Why Omar opposed these two orders? He assumed about Tamattu Hajj that Muslims who performing Hajj should finish Hajj and Umra and then leave prohibitions, and then they can make love with their spouses for instance, and this is not good and is not compatible with the soul of Hajj to perform Tamattu Umra and leave prohibitions for some days and be free!

While this is not a correct assumption, because Hajj and Umra are two different programs which it is possible to be separation between them even for a month. Muslims go to Mecca and perform Umra in Shawwal or Zulqa’da and then they are free until eighth of Zulhijja and after that enter prohibitions again and go to Arafat. What problem does it have that he showed this lots of sensitiveness to the matter.

But about Mut’a and temporary marriage according to some persons they had assumed that if temporary marriage allowed then recognizing marriage from fornication will be difficult, because if we see any man and woman accompanying each other, they might claim that they are married temporarily! And fornication expands!

This assumption is more baseless than the first one, because conversely, forbidding Mut’a marriage caused fornication to expand, as we said before there are lots of youths that cannot perform permanent marriage or those who are away from their wives and are hesitating to perform temporary marriage or fornication. It is certain that preventing from temporary marriage which is done by correct planning, put them inside the sinful and impure land of fornication and adultery.

And because of this, it is quoted in a famous Hadith from Ali (a.s.) that: “If Omar did not forbid Mut’a nobody would perform fornication except impious persons”.1


1- Great interpretation of Fakhr Raazi, vol. 10, page 50.

 

 

 

D) Scuffle for “time of prohibition”

It is well recognized from above cabbala which a large group of Hadith tellers, commentators and Faqihs of Ahl -e- Sonnat have quoted that forbidding Mut’a has done in the time of Omar not the time of Prophet (s.a.) and there are lots of other cabbalas in those resources that confirms this matter, for instance:

1- Tirmizi, the famous Hadith teller, says that a man from Shaam asked Abdullah ibn Omar about Mut’a of women, he said: It is Halaal. Questioner said: Your father Omar forbade that, Abdullah said: If my father forbids that and it was tradition of prophet of Allah (s.a.), then shall we leave the tradition of his holiness and follow the words of my father?!”1

2- We read in another Hadith (in Sahih of Muslim) from Jaber ibn Abdullah that says we performed Mut’a with a few amount of Mahr (marital mandatory gift given by groom to bride) from flour and date for some days and it continued in the age of Abu Bakr until Omar forbade that because the story of “Amr ibn Horaith”.2

3- It is available in another Hadith in the same book that Ibn Abbas and Ibn Zubayr had an argument about Mut’a of women and Mut’a of Hajj (and asked Jaber ibn Abdullah for judgment), Jaber said: We performed both of them in the time of prophet (s.a.), then Omar forbade them and we abstained!3 

4- Ibn Abbas who had been named as “scientist and scholar of nation of Islam” was also one of adherents of not forbidding Mut’a order in the time of prophet of Allah (s.a.), and proof of that is the argument which happened between him and Abdullah ibn Zubayr that is quoted in Sahih of Muslim:

Abdullah ibn Zubayr had resided in Mecca. One day (among a group of people which ibn Abbas was between them) said: Some persons whom Allah has blinded their heart, like their eyes, issuing Fatwa for permission of Mut’a (he meant ibn Abbas who was blinded at that time). Ibn Abbas heard this expression and said: You are a foppish ignorant person; I swear my life that we did this in the age of prophet of Allah (s.a.).

Ibn Zubayr (without attention to the name of prophet of Allah) said: You experiment that and I swear the God to punish you with stones!4 It means that he answered logic with the force and threatening!

Maybe this was when Abdullah ibn Zubayr had been empowered in Mecca and permit himself to talk arrogant like this with a scientist like Ibn Abbas, while ibn Abbas had the age of his father and was not comparable in science with him, and assuming that he had the knowledge of ibn Abbas he did not have the right to talk like this, because if someone acts according to his fatwa in these orders even it is incorrect, then it is “uncertain intercourse” and we know that this act does not have punishment and threatening to punishment by stones is a meaningless and ignorantly expression. 

Although this ugly positioning is not unlikely for an arrogant and ignorant young person like Abdullah ibn Zubayr!

It is interesting that Ragheb quotes in the book Mohazerat … that son of Abdullah ibn Zubayr asked ibn Abbas with admonishing tone: Why do you know Mut’a Halaal. Ibn Abbas said: Ask you mother! He went to his mother and his mother told him: “You were born when I was in Mut’a with your father!”5

5- We read in Musnad of Ahmad that “Ibn Hassin” says: The verse of Mut’a descended and we did act to that and no verse descended forbidding that until Prophet (s.a.) departed.6

These are samples of cabbalas that explicitly express the nonexistence of prohibiting Mut’a.

***

1- They have quoted other cabbalas in exchange of these cabbalas which show that this order had been annulled at the age of prophet of Allah (s.a.), but if these cabbalas were in harmony, unfortunately any of them mentions a time other than the others:

88888یک پاراگراف متن افتاده است

7

 

2- We read in some other cabbalas: Prophet of Allah (s.a.) permitted to perform Mut’a in the year of conquer (Aam Alfath) (the year of conquering Mecca, eight year after Hijrat) but after a while in the same year prohibited that.8

3- It has been mentioned in some others that in battle of Awtas (after the conquer of Mecca) in Hawazan region (near Mecca), Prophet (s.a.) permitted Mut’a for three days and afterward forbade that.9

But if we have patience to study several cites in this issue, it goes far more than this, because famous Sonni Faqih “Nawawi” cite six quote in “explanation of Sahih of Muslim” in the issue which any of them relates to a cabbala:

1- Mut’a had been accepted (were Halaal) in battle of Khaybar and then (after some days) prohibited.

2- It had been accepted in Umra Alghaza, (and then prohibited).

3- In the day of conquer of Mecca it had been accepted and then prohibited.

4- Prophet of Allah (s.a.) forbade that in battle of Tabook.

5- It had been accepted in battle of Hawazan (in Awtas region).

6- In Hajj Alvida’ in the last year of life of Prophet (s.a.) it had been accepted Halaal.1

And the most amazing of all is expression of Shafeie who says: “I know nothing that Allah made Halaal some day, and then Haraam, again Halaal and then Haraam except Mut’a!!”2

Any scholar believes that these antithetical cabbalas are counterfeit and knows that it is the result of a political act.


1- This Hadith has not been quoted in Sahih of Tirmizi, which is available today, in this way, and it is mentioned there Mut’a of Hajj instead of Mut’a of women, but Zainuddin who is also known as “second martyr”, one of scholars of tenth century in the book “Sharh Allema’at Damishqia” and Sayyed ibn Tawoos one of scholars of “seventh century” in the book “Altara’if” have quoted this Hadith by mentioning “Mut’a of women” and it seems that in older copies of Sahih of Tirmizi it had been the same way and some persons changed it in later copies for known reasons! (And many others are like this!)
2- Sahih of Muslim, vol. 2, page 131.
3- Sahih of Muslim, vol. 2, page 131.
4- Sahih of Muslim, vol. 4, page 59, Hadith 3307, printed in Dar Alfikr.
5- Mohazerat, vol. 2, page 214 and Explanation of Nahjul Balagha by Ibn Abi Hadid, vol. 20, page 130.
6- Musnad of Ahmad, vol. 4, page 436.
7- Dorr Almanthoor, vol. 2, page 486.
8- Sahih of Muslim, vol. 4, page 133.
9- The same evidence, page 131.
10- Explanation of Sahih of Muslim by Nawawi, vol. 9, page 191.
11- Ibn Qudama Almughani, vol. 7, page 572.

 

 

 

Temporary Marriage in Qur'an, Tradition and Common ConsensusThe Best Solution
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