Monday, October 22, 2012

Mut'ah


"The first to make Mut'ah haraam was Umar (RA)"

Ref: Kitab, al-Awail, page 1.


Abi Nadhra said: ‘I said to Jabir bin Abdullah that Ibn Zubair prohibitis Mut’ah while Ibn Abbas allows it. He (Jabir) replied: ‘Through me this hadith has been circulated, we performed Mut’ah with Allah's messenger (pbuh), and Abu Bakr, but when Umar become caliph he addressed the people and said: 'Quran is the same Quran, Allah's apostle is the same apostle, and there were two types of Mut’ah during the time of Allah's Messenger, one of it was the Mut’ah of Hajj whereas the other was Mut’ah of women’’’.

Ref: Musnad Imam Ahmad Ibn Hanbal, volume 1, page 437.

Note: He says this hadith is Sahih on the condition of Muslim.


Imam Ibn Jareer Tabari has reocrded the following incident in his Tarikh:

Imran Ibn Sawadah reported: "I went to Umar's house and told him that I want to give him some advice. His reply was, "The person giving good advice is welcomed anytime." I said, "Your community finds fault with you on four accounts." Umar put the top of his whip in his beard and the lower part on his thigh. Then he said, "Tell me more."

I continued, "It has been mentioned that you declared the lesser pilgrimage forbidden during the months of pilgrimage..." He answered, "It is permitted. If they were to perform the lesser pilgrimage during the months of the pilgrimage, they would regard it as being a lieu of the full pilgrimage, and (Mecca) would be celebrated by no one, although it is part of God's greatness. You are right."

I continued, "It is also said that you have forbidden temporary marriage, although it was a license given by God. We enjoy a temporary marriage for a handful (of dates), and we can separate after three nights." He replied, "The Messenger of God permitted it at the time of necessary. Then people regained their life of comfort. I do not know any Muslim who has practiced this or gone back to it. Now, anyone who wishes to, can marry for a handful (of dates) and separate after three nights. You are right."

I continued, "You emancipate a slave girl if she gives birth, without her master's (consenting to) the emancipation... (and the fourth complain is) There have been some complaints of your raising your voice against your subjects and your addressing them harshly."

Ref: History of al-Tabari, English version, volume 14, pages 139 & 140.


Ali said: "Had Umar not banned Mut'ah then the only person to fornicate would be a wretched person."
 
Ref: Tafseer al-Kabeer, volume 4, page 41.


Umar said: "Two Mut'ah's existed during Rasulullah's lifetime and I now prohibit both of them."
 

Ref: Tafseer al Kabeer, by Imam Fakhr ul-Razi, page 42 & 43.

 
Amongst the Sahaba exist a group that believed in the legitimacy of Mut'ah. Nasai and Tahawi have stated that Asma [ra] Bint Sidiq Akbar [ra] said: "We practised it during the life of Rasulullah(s)."

Ref: Tafseer al-Mazhari, Surah an-Nisa, page 74.


Sahih Muslim, volume 4, Tradition 3413;

Narrated by Jabir and Salma,

"The correspondent of Mohammad (PBUH) came to us and told us that Mohammad (PBUH) had permitted performing Muttah with women."



Tradition 3414;

Salma and Jabir narrated;
"Mohammad (PBUH) came to us and permitted Muttah."

Tradition 3415;

Ata' narrated;
"Jabir came to perform Umrah and we went to meet him. People asked Jabir about many things, when he was asked about Muttah, he told us that Muttah was performed during the lifetime of Mohammad (PBUH) and also during the caliphate of Abu Bakr and Umar bin Khattab."



Abdul Razzaq from ibn Juraij who said: Abdullah ibn Uthman ibn Khutaim said: “There was a lovely ascetic Iraqi woman in Mecca who had a son called Abu Umaiya. Sa’eed ibn Jubair was frequently going to her house. I said: O Aba Abdullah you go to this woman’s house so many times. He said I have married with the nikah of Mut’ah. He said that I heard Sa’eed (meaning Sa’eed ibn Jubair) say to him: Mut’ah is as lawful as drinking water

Ref: Al-Musannaf, by Abdul Razzaq al-Sana’ni, volume 7, page 496, chapter al-Mut’ah.



From Mohammad bin Umar, he said: From Abu 'Asm, from Isa, from ibn Abi Njih, from Mujahid, "So for whatever you have had of pleasure (Istamta'tum) with them by the contract (Quran 4:24)". He said that means the Nikah of Mut'ah.

Ref: Tafsir al-Tabari, commentary of verse 4:24, volume 6, page 586.

Ali (RA) said: "The Mut'a is a mercy from Allah to his servants. If it were not for Umar forbidding it, no one would commit (the sin) of fornication except the wretched (Shaqi; an utmost wrong-doer).

Ref: Tafsir al-Tabari, commentary of verse 4:24, volume 6, page 588.



And Muhammad bin Jarir al-Tabari has narrated in his tafsir, from Ali ibn Abi Taleb (RA) that he said: ''If it were not for `Umar forbidding the people from Mut`a, no one would commit fornication except the wretched''.

Ref: Tafsir Fakhr al-Razi, volume 10, page 51.



It has been reported that `Umar said from the pulpit:

''Two Mut`ah existed during the lifetime of the Messenger of God (SAW) and I now forbid them: Mut`ah of Hajj and Mut`ah of marriage.''

(The author goes on by saying) This is a proof that Mut`ah of marriage was permissible during the period of Gods Messenger (SAW). And his (`Umar's) saying ''and I now forbid them'' proves that the Messenger of God (SAW) did not prohibit them, rather it was ´Umar who prohibited them. And if these matters are proven then we say: this sayings prove to us that the Mut'ah was stable under the period of Gods Messenger (SAW). And he alayhi al salam did not forbid, and he is not amongst those who forbid, therefor it is Umar who forbade. And if these matters are proven therefore it can't be forbidden because it was allowed under the period of Gods Messenger (SAW), and he (the Prophet (SAW)) did not forbid it. Therefor it is Umar who has forbidden it. And this is the saying that was used by Umran bin al-Hasiyn when he said: God has sent an aya on Mut'ah, and He has not forbidden it with another aya. And Gods Messenger (SAW) told us to do it, then a man said of his own opinon whatever he wished [to say], Umar wants to forbid Mut'ah, and this is a sentence used by those who allow Mut'ah.

Ref: Tafsir Fakhr al-Razi, volume 10, page 54.



Now we have proven that the Prophet (PBUH) did not say that Mut'ah was haram. Even though this hadith say that the Prophet (PBUH) said the Mut'ah was haram (which we have proven is not) this hadith says that some of the sahabas did Mut'ah EVEN THOUGH the Prophet (PBUH) said it was haram! This means that the Prophet (PBUH) never said that the Mut'ah is haram, and this is a fabricated story! (Since we have already proven in other tafsirs that Umar himself said that he is the one who is preventing the Mut'ah).

It is firmly established that after the death of the Messenger of Allah , a huge number of the Salaf (RA) consider Mut'ah to be halal, and among them Sahabah (RA). Among those Sahabah are:

1. Asma daughter of Abubakr al-Siddiq
2. Jabir ibn Abdullah
3. Ibn Mas'ud
4. Ibn Abbas
5. Mu'awiyah ibn Abu Sufyan
6. Amr ibn Harith
7. Abu Sa'eed al-Khudri
8. Salamat
9. Ma'bad Abna' Ummayah bin Khalaf

Ref: al-Muhalla, by Ibn Hazm (died 456 Hijri), volume 9, page 519.


We went to ask Asma' bint Abu Bakr about mut'ah of women so she said: We did it during RasolAllah (SAW) time.
Footnote: He says this hadith is sahih.

Ref: Musnad Abi Dawood al-Tayasi, volume 3, page 208. 


We went to ask Asma' bint Abu Bakr about mut'ah of women so she said: We did it during RasolAllah (SAW) time.

And for Jabir in Muslim, from Abi Nathra, we did it with RasolAllah (SAW), and then Umar forbade it, and we didn't come back to it.

Ref: Takhlis al-Habayr, by al-Hafiz, volume 3, page 328.





“Question 530: What do you think of the nikah with the intention to divorce?

“Answer: It’s lawful as mentioned by al-Muwaffaq who narrated from the public. But al-Awzaei has forbidden it.”

“Question 531: I asked him isn’t this cheating the woman?

“Answer: No.

Ref: Masael ibn Baz, volume 1, page 185.



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