Alhassanain(p) Network for Heritage and Islamic Thought

Tragedy of Karbala as reported by the Sunnis Part 9

بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ

When the head of al Husayn, peace be on him, arrived and after Ibn Sad arrived on the next day (bringing) with him the daughters and household of al-Husayn, peace be on him, Ibn Ziyad sat before the people in the governor’s palace. He had given the people a general summons and had ordered them to be present (to see) the head. He put it in front of him, and he began to look at it with a smile. In his hand he had a cane and he began to poke at the teeth with it.

When Zayd b. Arqam, a Companion of the Prophet who was (then) an old man, saw him poking at the teeth with the cane, he said

Take your cane away from those two lips. For, by God, other than Whom there is no deity, I have seen the lips of the Apostle of God, may God bless him and his family, touch those two lips countless times.

(With that) he began to weep.

"Does God make your eyes weep?”asked Ibn Ziyad. "Or are you weeping because of God’s victory? If it was not for the fact that you are an old man who has become silly and your mind has left you, I would cut off your head."

Zayd b. Arqam stood up in front of him and went to his house.

(Meanwhile) the family of al-Husayn, peace be on him, was brought before Ibn Ziyad. Zaynab, the sister of al-Husayn, peace be on him, came in in the middle of the group, pretending not to be herself; she was wearing her dirtiest clothes. She went and sat in a corner of the palace and her maids crowded around her.

"Who is that woman who has gone to the side and has sat in a corner with her women?”Ibn Ziyad demanded but Zaynab did not answer. He repeated the question about her a second time.

This is Zaynab, daughter of Fatimah, the daugher of the Apostle of God, may God bless him and grant him peace, one of her women told him.

"Praise be to God Who has disgraced you, killed you and revealed the false nature of your claims,”said Ibn Ziyad as he came towards her.

Praise be to God Who has favoured us with His Prophet, Muhammad, may God bless him and his family, answered Zaynab, and He has purified us completely from sin. He only disgraces the great sinner and reveals the false nature of the profligate. Such men are not among us, praise be to God.

"How do you consider God has treated your House?”asked Ibn Ziyad,

God decreed death for them and they went forward (bravely) to their resting-places, Zaynab replied, God will gather you and us together. You will plead your excuses to Him and we will be your adversaries before Him.

Ibn Ziyad became enraged and burnt with anger.

"Governor,”intervened ‘Amr b. Hurayth, "She is only a woman and women are not responsible for anything that they say. Do not blame her mistakes."

"God has healed my soul from your tyranny and the rebellion of your House,”he said to her.

Zaynab, peace be on her, became weak and wept.

By my life, she cried out to him, You have killed the mature ones (of my family); you have pierced my family; have cut down my young branches; and you have pulled out my root. If this heals you, then you have been healed.

"By my life,”declared Ibn Ziyad, "this is a woman who makes poetry. Your father was a poet."

What has a woman to do with poetry?, she answered. Indeed I have (things) to distract me from poetry but my heart causes me say what I am saying.

‘Ali b. al-Husayn, peace be on them, was presented to him.

"Who are you?”he asked.

"I am ‘Ali b. al-Husayn”he answered.

"Didn’t God kill ‘‘Ali b. al-Husayn?"

"I have a brother who is also called ‘Ali,”answered ‘‘Ali, peace be on him, "the people killed him."

"Rather God killed him,”affirmed Ibn Ziyad.

"God receives the souls at the time of their death (XXXIX: 42)."

"How dare you answer me like that!”shouted Ibn Ziyad angrily, "and that will be the last of you because of (your) answer to me. Take him away and cut his head off!"

Zaynab, his aunt, clung on to him, pleading: "O Ibn Ziyad, haven’t you had enough of our blood?"

Then she clung on to him and said: "By God, I will not leave him. If you kill him, kill me with him."

Ibn Ziyad looked at her and at him, and said, "How wonderful is family relationship! I think she wants me to kill her with him. Leave him, for I see him (now) for what he is."

He rose from his assembly to leave the palace and go to the mosque. He went up on the pulpit. He praised and glorified God, then he said:

Praise be to God Who has revealed the truth and the followers of the truth, and has given victory to the Commander of the faithful, Yazid, and his party, and has killed the liar who is the son of a liar and his Shi’a.

At this ‘Abd Allah b. Afif al-Azdi, who had been one of the Shiaa of the Commander of the faithful (‘Ali b. Abi Talib) stood in front of him and shouted:

O enemy of God, you are the liar and your father and (the man) who appointed you and his father. O Ibn Murjana, you kill the sons of Prophets and take the place of men of truth on the pulpit.

"Get him for me,”ordered Ibn Ziyad.

The soldiers seized him but he gave the battle cry of al-Azd. Seven hundred of them (quickly) gathered and took him away from the soldiers.

At night Ibn Ziyad sent someone to get him out of his house. He was executed and crucified in al-Sabkha, may God have mercy on him.

The (next) morning Ubayd Allah b. Ziyad sent the head of al- Husayn, peace be on him, (to Yazid) after it had been taken through all the streets and tribes of Kufa.

(It is reported from Zayd b. Arqam:)

It was brought past; it was stuck on a spear and I was in a room in my (house). As it was opposite me I heard it recite: "Or do you think that the Companions of the Cave and the inscription were among Our wonderful signs. (XVIII, 9)."

My flesh shuddered and I called out,

O son of the Apostle of God, your head is miraculous, miraculous.

(This account is not in Tabari)

When they had finished taking it around Kufa and had brought it back to the palace door, Ibn Ziyad gave it to Zahar b. Qays and he (also) gave him the heads of his companions. He despatched him to Yazid b. Muawiya and he sent with him Abu Burda b. ‘Awf al-Azdi, and Tariq b. Abi Zubyan al-Azdi together with a group of Kufans, to take them to Yazid b. Mu’awiya in Damascus.

(Abd Allah b. Rabiaa al-Himyari reported:)

I was with Yazid b. MuCawiya in Damascus when Zahar b. Qays brought the head to him.

"Woe upon you! What is behind you? What have you got?”demanded Yazid.

Commander of the faithful, he replied, I bring good news of God’s victory and support. Al-Husayn b. ‘Ali, peace be on them, came against us with eighteen men of his House and sixty of his Shi’a. We went out to meet them and we asked them to surrender and submit to the authority of the governor, ‘Ubayd Allah b. Ziyad, or to fight. They chose to fight rather than to surrender.

We attacked them as the sun rose and surrounded them on every side. Eventually (our) swords took their toll of the heads of the people and they began to flee without having any refuge (to go to). They (tried to) take refuge from us on the (open) hills and in the hollows, like the doves seek refuge from a hawk.

By God, Commander of the faithful, it was nothing but the slaughtering of animals for slaughter. (It was only the time taken by) the sleep of a man taking his siesta (before) we had come upon the last of them. There were their naked bodies, their blood-stained clothes, their faces thrown in the dust.

The sun burst down on them; the wind scattered (dust) over them; their visitors were (scavenging) eagles and vultures.

Yazid looked down for a time, then he raised his head and said:

I would have been satisfied with your obedience (to my orders) without this killing of al-Husayn, peace be on him. If it had been me who had accompanied him, I would have let him off (such a fate).

After Ubayd Allah b. Ziyad had despatched the head of al- Husayn, he ordered the women and the young boys to be made ready for travelling. He ordered ‘Ali b. al-Husayn, peace be on them, to be chained with a chain around his neck. Then he despatched them, to follow the heads, with Muhaffir b. Thalaba al Aidhi and Shamir b. Dhi al-Jawshan. They set out with them until they caught up with the people with the head. ‘Ali b. al-Husayn did not speak a word to any of the people who had the head on that journey. Eventually they reached (their destination). When they reached the door of Yazid’s (palace), Muhaffir b. Tha’laba raised his voice and shouted: "Here is Muhaffir b. Thalaba who has brought the Commander of the faithful these vile profligates."

‘Ali b. al-Husayn, peace be on him, answered him:

What did the mother of Muhaffir give birth to more evil and more grievous (than him)?

When the heads were put in front of Yazid and among them was the head of al-Husayn, peace be on him, Yazid recited:

We will split the skull of proud men (who come) against us; they were very disobedient and oppressive.

Yahya b. al-Hakam, the brother of Marwan b. al-Hakam recited:

On the bank (of the river) a great army met him who is closer in kinship (to Yazid) than Ibn Ziyad (is), the man with a false lineage.

The offspring of Sumayya has acquired status, while the offspring of the daughter of the Apostle of God is (given) none.

Yazid struck his hand against the chest of Yahya b. al-Hakam and shouted, "Be quiet!"

Then he said to ‘Ali b. al-Husayn, peace be on them

Son of al Husayn, your father cut (the bond of) kinship with me and showed ignorance of my rights, trying to deprive me of my position of authority. (Now) God has treated him in the way you have seen.

No misfortune strikes the earth nor yourselves unless it has been written in a book before we bring it into existence; that is easy for God (Quran 57: 22)

replied ‘‘Ali b. al-Husayn.

"Answer him,”Yazid urged his son, Khalid. However Khalid did not know what to say in reply. So Yazid answered:

Say rather: Whatever misfortune has struck you is because of what your hands have earned. And (God) forgives much (Qur’an 42: 30)

He summoned the women and the children and they were made to sit in front of him. What he saw was dreadful.

"May God detest Ibn Murjana,”he said: "If there had been (any bond of) kinship between him and you, he would not have done this to you; he would not have sent you in this state."

(Fatimah, daughter of al-Husayn, peace be on him, reported:)

When we sat before Yazid, he showed pity on us. An Ahmar of the Syrians stood up and said to Yazid: "Commander of the faithful, give me this one."

He meant me. (Then) I was a pretty young girl. I shuddered for I thought that that would be allowed to them. I caught hold of the skirt of my aunt Zaynab and she told (me) that that would not happen. She said to the Syrian:

By God, you are a liar. By God, you are (too) lowly born! Such a thing is not for you nor for him (to decide).

"You are a liar,”Yazid cried out angrily. "That is for me (to decide). If I wish to do anything, I can do it."

No, by God, she replied, God would only let you do that if you left our faith and professed belief in another (religion).

"It is me,”screamed Yazid, distraught with anger, "whom you are treating in this (way). It is your father who has left the religion, and your brother

I am led by the religion of God, the religion of my father and the religion of my brother, she answered, and (it is what) you are led by, and your grandfather and your father, if you

are a Muslim.

"Enemy of God, you lie,”he shouted.

You are a Commander of the faithful, (yet) you vilify unjustly and you have become oppressive with your authority, she answered.

(At this) he was ashamed and became silent."Give me that girl,”repeated the Syrian. "Be a bachelor,”Yazid said to him, "May God strike you dead!"

Then he ordered the women to be lodged in a house on (the) banks (of the river). With them (also he sent) their brother, ‘‘Ali b. al- Husayn, peace be on them. (Later) a house was set aside for them, which was attached to Yazid’s own house. They resided (there) for several days, (After a short time) he summoned al-Nu’man b. Bashir and told him to make preparations to take these women back to Medina. When he was aoubt to despatch them, he summoned ‘Ali b. al-Husayn, peace be on them. He took him aside.

"God curse Ibn Murjana,”he said. "If I had been with your father, he would never have asked me for a favour without me granting him it; I would have protected him from death with all my power. But God has decreed what you have seen. Write to me from Medina and everything that you need will be yours."

He presented clothes to him and to his family. He sent with them in the group (of men under the command) of Numan b. Bashir, a messenger, who brought him (al-Numan) the order to set out with them in the night; and that they should go in front of him but they should never be out of his sight. When they stopped, he should go aside from them and he and his followers should separate around them like a group of guards over them. He should (only) keep away from them when any person of their group wanted to wash or perform a need, so he (or she) would not be ashamed.

(The messenger) set off with them amid the group of al-Numan. (Al-Nu’man) continued to stay close to them along the road but he was kind to them as Yazid had instructed him and he looked after them until they entered Medina.

After Ibn Ziyad had despatched the head of al-Husayn, peace be on him, to Yazid, he went to Abd al-Malik b Abi al-Harith al-Sulami and told him,

Go to ‘Amr b. Sad b. al-As in Medina and give him the good news of the killing of al-Husayn (peace be on him).

(Abd al-Malik reported:)

I rode my mount and went towards Medina. (On the way) one of Quraysh met me.

"What is the news?”he asked.

"The news is for the governor, (then) you will hear it,”I answered.

"We belong to God and to Him we will return,”he said. "By God, al-Husayn, peace be on him, has been killed."

When I went to Amr b. Said, he asked: "What is your purpose?”

"What will please the governor,”I answered, "Al-Husayn, peace be on him, has been killed."

"Go out and announce his being killed,”he told me.

I announced (it). I have never heard such wailing as the wailing of the Banu Hashim in their houses for al-Husayn b. ‘Ali, peace be on him, when they heard the announcement of his death. I went back (in) to ‘Amr b. Said. When he saw me, he smiled at me and laughed. Then he quoted a verse of Amr b. Madikarib:

Then women of Banu Ziyad raised a great lament like the lamentation of our women mourning (after the battle) of al-Arnab.

"This lamentation is in return for the lamentation for Uthman,"

‘Amr exclaimed. Then he went up on the pulpit and informed the people about the killing of al-Husayn b. ‘Ali, and he summoned (them to obey) Yazid b. Muawiya. (After that) he went down.

One of the retainers (mawali) of Abd Allah b. Jafar b. Abi Talib, peace be on him, went to him and announced the news of the killing of his two sons and he said that we (all return) to God.

"This is what we have through al-Husayn b. ‘Ali, peace be on them,”said Abu Salasil, the retainer (mawlº) of Abd Allah.

O son of an obscene (woman),”exclaimed Abd Allah b. Jafar, taking off his shoe (to strike him). "Are you saying this of al- ,Husayn, peace be on him? If I had been present with him, I would have preferred not to leave him and to be killed with him. By God, I would not have withheld those two from him and I take consolation fromwhat befell them in that these two were struck down with my brother and cousin, consoling him and enduring with him.

He went forward to those who were sitting with him and said:

Praise be to God, Who has (made life hard for me) through the death of al-Husayn. For I did not console al-Husayn with my own hands, my two sons consoled him.

Umm Luqman, the daughter of Aqil b. Abi Talib, may God have mercy on them, came out crying when she heard the news of the death of al-Husayn, peace be on him. With her were her sisters Umm Hani’, Ramla and Zaynab, daughters of Aqil b. Abi Talib, may God have mercy on them. She wept for her (relatives) slain on the bank and she recited:

What would you say if the Prophet asked you: What have you, the last of the (religious) communities, done With my offspring and my family after my departure from them? They are prisoners and slain and have been stained with their own blood.

What sort of reward is this for my advice to you, that you should oppose me by doing evil to my blood relations?

On the night of the day upon which Amr b. Said had given the public notice of the killing of al Husayn b. ‘Ali, peace be upon them, in Mecona, in the middle of the night the Medians heard a voice calling out. They listened to the voice but they did not see any person.

The voice called out:

O men who ignorantly killed al Husayn; hear the news of punishment and chastisement

All the people of heaven, prophets, angels and slain, prosecute you.

You have been cursed by the tongue of the son of David, and (that) of Moses and (that) of the master of the Gospels.

End of Part 9

End of this Series

References:

The History of al Tabari

Volume XIX The Caliphate of Yazid b. Muawiyah

Translated by I.K.A Howard

Paper back - ISBN 0-7914-0041-7

Extra quotes are from:

Kitab al Irshad

Shaykh al Mufid

Translated by I.K.A Howard

Tahrike Tarsile Qur’an

Paper back - ISBN 0-940368-11-0

Temporary Marriage in Islam Part 1

بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ

Introduction

Fixed-Term/Temporary/Pleasure Marriage are different names for the Arabic word of "Mut’a”which is a contract between a man and woman, much in the same way the Long-Term/Permanent/Conventional Marriage is. The main difference is that the temporary marriage longs only for a specified period of time, and man and woman will become stranger to each other after the expiration date without divorce.

One misconception regarding temporary marriage is that some people think that the woman engaged in temporary marriage can have contract every other hour. This is completely misrepresentation of temporary marriage. After such contract has been expired, the woman has to wait for two months (Iddah) before which she can not marry any one else. This issue, among others, will be discussed later in detail.

The first one who legislated Mut’a with all the rules pertaining to it, was the Messenger of Allah (S), after it was revealed in Qur’an. All Muslims agree that the Messenger of Allah legislated Mut’a and made it legal after his migration to Medina, and the Muslims practiced it during his lifetime. (see al-Mughni, by Ibn Qudamah, v6, p644, 3rd Edition).

However there is a disagreement between the Shi’a and most of the Sunnis concerning whether the Prophet later banned it or not. Most Sunnis assert that although the Prophet legislated it, he later forbade it. This is while the Shi’a believe that temporary marriage was never abandoned by the Prophet (S). Allah revealed it in Qur’an, and it was being widely practiced to the end of his lifetime and during the period of Abu Bakr and the early days of Umar’s rule, until Umar forbade it.

In Parts I through IV, we study the verse of Mut’a marriage in Qur’an and look into the Sunni commentary (Tafsir) of this verse, and review the traditions reported in the six authentic Sunni collections about Mut’a. In Part V we discuss the purposes of marriage as well as the chronological orders of the prohibition of illegal sex and the permission of Mut’a in the history of Islam. In Part VI the similarities and differences which exist between the two types of marriage are presented in detail. In Part VII we discuss the necessities and the advantages of the temporary marriage, and finally in Part VIII we answer some frequently asked questions regarding to the Mut’a.

Evidences From Qur’an And The Sunni Commentaries

Allah, to whom belong Might and Majesty, said:

(...Except the forbidden women) the rest are lawful unto you to seek them with gifts from your property (i.e., dowry), provided that you desire protection (from sin), not fornication. So for whatever you have had of pleasure (Istamta’tum) with them by the contract, give unto them their appointed wages as a duty. And there is no sin for you in what you both agree (in extending the contract) after fulfilling the (first) duty. Lo! Allah is ever Knower, Wise. (Qur’an 4:24)

.. فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ..

In the above verse, the Arabic equivalent of the word "marriage”or any of its derivatives has NOT been used. Rather the derivative of word "Mut’a”(pleasure/temporary marriage) has been used, i.e., "Istamta’tum". The word Istamta’a is the tenth verbal form of the root m-t-a. As we will show shortly, the word Istamta’a has also been widely used in the authentic Sunni collections for Temporary Marriage. Of course, Mut’a is one type of marriage, but some of it’s regulations are different than the permanent marriage, including the fact that the couple can extend this contract by mutual agreement as the end of verse specifies.

Moreover, if we look at the Sunni commentaries of Qur’an, many Sunni scholars such as Fakhr al-Razi confirm that the above verse (4:24) was revealed about the Temporary Marriage (Mut’a). They straightforwardly mentioned that temporary marriage became Halaal (permitted) DUE TO the above verse, but they assert that it was later prohibited. It is astonishing that many Sunni commentators mentioned under the above verse that:

‘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)."

إنَّ المتعة رحمةٌ رحِمَ الله بها عباده. لولا أنَّ عمر نهيَّ عن المتعة ما زنى إلا شقي .

Sunni References:

• Tafsir al-Kabir, by al-Tha’labi, under commentary of verse 4:24 of Qur’an;

• Tafsir al-Kabir, by Fakhr al-Razi, v3, p200, commentary of verse 4:24;

• Tafsir al-Kabir, by Ibn Jarir al-Tabari, under commentary of verse 4:24 with authentic chain of narrators, v8, p178, Tradition #9042;

• Tafsir al-Durr al-Manthoor, by al-Suyuti, v2, p140, from several chain of transmitters;

• Tafsir al-Qurtubi, v5, p130, under commentary of verse 4:24 of Qur’an;

• Tafsir Ibn Hayyan, v3, p218, under commentary of verse 4:24 of Qur’an;

• Tafsir Nisaboori, by al-Nisaboori (8th century);

• Ahkam al-Qur’an, by Jassas, v2, p179, under commentary of verse 4:24.

A very similar tradition has also been narrated by Ibn Abbas (ra), and was mentioned by al-Tabari and al-Tha’labi in their Tafsir of Qur’an.

It is interesting to note that Umar did not attribute the prohibition of Mut’a to the Prophet (S). They were others who did that after Umar mainly to justify what he did. Umar clearly mentioned that: "Mut’a WAS permitted at the time of the Prophet and I PROHIBIT it!”The great Sunni scholar, Fakhr al-Razi, who has been given the title of "Imam al-Mushakkikeen”(the leader of ever-questioners/ever-doubtful) by the Sunnis, in his voluminous commentary of Qur’an mentioned under the verse of Temporary Marriage that:

Umar said: Two types of Mut’a were (legal) during the time of the Prophet and I forbid them both, and I punish those who commit it.

They are: Mut’a of pilgrimage and Mut’a of women.

Sunni References:

• Tafsir al-Kabir, by al-Fakhr al-Razi, v3, p201 under verse 4:24

• Musnad Ahmad Ibn Hanbal, v1, p52

Here is the Arabic text of the above masterpiece of Umar:

متعتان كانتا على عهد الرسول و أنا انهي عنهما و أعاقب عليهما: متعة الحج و متعة النساء .

Notice that Mut’a can be of two kinds: Mut’a of women (pleasure/temporary marriage) and Mut’a of Pilgrimage (Hajj al-Tamattu’). The latter is a way of performing Pilgrimage and has no relation with the former which is one way of performing marriage. Both types of Mut’a were practiced at the time of the Prophet and Abu Bakr and the early days of Umar’s rule. But they were prohibited by Umar. There is another verse in Qur’an which gives evidence to the permissibility of the Mut’a of Pilgrimage. However this type of Pilgrimage is not the subject of our discussion here.

As we see from the above quote, Umar did NOT say that Mut’a was canceled by the Prophet. If it was really the Prophet who canceled Mut’a, Umar would have say: The two Mut’a were Halaal and then became Haraam at the time of the Prophet, and I am informing you about the second law set by the Prophet which canceled the first. But it is evident that Umar is straightforwardly saying that he is the one who is making it Haraam!

Al-Zamakhshari, another Sunni commentator of Qur’an Under the commentary of 4:24, reported that this verse is from the "Muhkamat”of Qur’an, relating that from Ibn Abbas (ra). (Tafsir al-Kashshaf, by al-Zamakhshari, v1, p519).

Also Both Ibn Jarir al-Tabari and al-Zamakhshari narrated that:

"al-Hakam Ibn Ayniyah was asked if the verse of Mut’a of women is abrogated. He answered: ‘No’."

Sunni References:

• Tafsir al-Tabari, under commentary of verse 4:24 of Qur’an, v8, p178

• Tafsir al-Kashshaf, by al-Zamakhshari, under the verse 4:24, v1, p519

Also Ibn Kathir mentioned his commentary:

"al-Bukhari declared that Umar used to forbid people on Mut’a."

Sunni reference: Tafsir Ibn Kathir, v1, p233

Also in another Sunni commentary it is reported that:

Umar said, while on the pulpit: "O folk! Three were (allowed) during the time of the Messenger of Allah (S), and I forbid them, and make them Haraam, and punish on them. They were: Mut’a of women, Mut’a of Hajj (pilgrimage), and saying ‘Hayya Ala Khair al-Amal’."

Sunni References:

• Sharh Al-Tajreed, by al-Fadhil al-Qoshaji, (Imama Section)

• al-Mustaniran, by al-Tabari

• al-Mustabeen, by al-Tabari

Remark: The third item mentioned above which was prohibited by Umar, is what is said in the Call for Prayer and Iqaamah after the phrase "Hayya Ala al-Falah", and it is practiced by the Shi’a to this date. It means "Hasten for the best deed". This part of call for prayer was abolished by Umar as well. Instead, he replaced it by the sentence: "Prayer is better than sleep"!

Interesting to know that there are some Sunni scholars who accepted that the Mut’a marriage is legal (Halaal) forever exactly based on the above verse of Qur’an. Among those scholars are the Tunisian scholar, Shaikh al-Tahir Ibn ‘Aashoor, under his Tafsir of the verse 4:24 of Qur’an. (See al-Tahrir wa al-Tanwir", by al-Tahir Ibn ‘Aashoor, v3, p5). And there has been such open-minded scholars who did not allow the love of their leaders affect their judgment.

Some tried to cast doubt about the meaning of "Mut’a", by saying that it literally means pleasure and not necessarily a special type of marriage. These people, instead of searching for the practical definition of Mut’a in the History, Hadith, and Jurisprudence, they look it up Arabic dictionary!

Even the Arabic dictionary gives the practical meaning of Mut’a, that is temporary marriage. All Shi’a and Sunni scholars agree to this very fact. al-Qurtubi, who is one of the great Sunni commentators of Qur’an, wrote: "There is no dispute among the scholars, either early (salaf) and late (khalaf) scholars, that Mut’a is a marriage for a fixed period of time and that it does not involve inheritance."

Replacing the practical meaning and the linguistic meaning is very dangerous and is prohibited in the religious rules, because one may also say, "Salat”(prayer) means praise/supplication and is not necessarily the acts that Muslims do every day. Or "Zakat”(alms) means "to cleans”and is not necessarily paying money, and so on...

Perhaps such people did not even read the traditions related to "Mut’a of women”which gives its practical meaning used at the time of the Prophet and the early Caliphs and how the companions used to contract by a handful of date as dower.

Even the English version of Sahih al-Bukhari and Sahih Muslim have translated the word "Mut’a al-Nisa”to "Temporary Marriage,”and they also translated "Istimta’a”to "marrying temporarily", and the traditions in that section which is a section in the chapter of marriage, gives the total picture of its meaning. (Please see Part II for the details of these traditions from Sahih al-Bukhari and Sahih Muslim). Have these people ever heard of any other type of "Mut’a of women”in the history of Islam?

Some also tried to cast doubt about the meaning of the verse of Mut’a in Qur’an (4:24) by saying that the word "Istamta’a”refers to the consummation of the permanent marriage, after which dowry should be paid.

The above assertion is not correct. The best way to understand the meaning of the verse, is first to learn Arabic (since the exact translation of Qur’an to any other language is quite impossible), and second, to look at various commentaries (not just a filtered one), and third, to look at the traditions related to temporary marriage to see if they have used the word "Istamta’a". If we do all the three and search completely for different and controversial opinions, then we can say that we are close to the target.

In this part, we already provided references to many Sunni commentaries of Qur’an, in which the commentators confirmed that the verse was revealed for the temporary marriage, and they mentioned many traditions about the temporary marriage under the commentary of this verse. Then how can this verse be related to permanent marriage?! or perhaps you think these Sunni scholars had some loose screws upstairs. Few lines later, more interesting traditions from the Sunni commentaries under this verse are provided. Yet there many more available.

Moreover, who could we find better that Jabir Ibn Abdillah al-Ansari (ra), the great companion of the Prophet, who according to Sahih Muslim said: "Istamta’a means contracting temporary marriage”(Sahih Muslim, English version, v2, chapter DXLI titled: Temporary Marriage, Tradition #3246. Please see part II for the full Arabic text of the tradition). Jabir did not relate "Istamta’a”to consuming the marriage in general.

Furthermore, in the verse 4:24 Allah states, "...And there is no sin for you in what you both agree after fulfilling the duty (i.e., dowry of the first contract)". The mutual agreement after the duty refers to extending the period of temporary marriage after full payment of the previous dower, so that the woman can freely decide on the continuation of the marriage with no pressure or temptation. In this way, Allah encourages that people who are engaged in Mut’a will get more reward if they extend it to a bigger period (or perhaps convert it to a permanent marriage) by assigning a new dower after fulfilling the previous dower. Ibn Jarir al-Tabari wrote in his commentary of Qur’an:

Some traditions mention that the meaning of "And there is no sin for you in what you both agree after fulfilling the duty”means: O people! There is no sin for you to have an agreement between you and the women who you have had pleasure with them in a fixed-term contract, to extend the period at the time when the first period expires, and thus to prolong the temporary marriage by increasing the reward (of the Hereafter) as well as the duty (dowry) before you leave them. It is narrated on the authority of al-Suddy (ra) who said:

"And there is no sin for you in what you both agree after fulfilling the requirement. If the husband wishes he could convince her (to accept the renewal) after paying her the first dowry and just before the expiration date of marriage. In that case he would say to his wife: I contract Mut’a with you for such and such again. Thus he extends it before he leaves her due to the expiration of the first contract, and this is what the verse means.”(Tradition #9046)

Sunni reference: Tafsir al-Tabari, by Ibn Jarir al-Tabari, under the verse 4:24, v8, p180.

Another reason for the fact that the dowry mentioned in the above verse does not refer to permanent marriage, is that Qur’an has already talked about the dowry for permanent marriage at the early part of the very same chapter by saying:

"...Marry women of your choice two or three or four; but if you fear that you shall not be able to deal justly (with them) then only one...”(Qur’an 4:3)

"And give the women (of permanent marriage) their dower as a free gift"(Qur’an 4:4)

It is clear that the above verses are about permanent marriage and the dowry associated with it. So there would be no need that Allah repeats it along with its associated dowry again in the very same chapter. However if Allah intended to discuss about Mut’a, then it is some thing new. And this can be inferred from the choice of words which Allah used in the verse of Mut’a (4:24) by using the derivative of Mut’a in contrast with the other verses around it.

(...Except the forbidden women) the rest are lawful unto you to seek them with gifts from your property, provided that you desire protection (from sin), not fornication. So for whatever you enjoyed (Istamta’tum) them by the contract, give unto them their wages as a duty. And there is no sin for you in what you both agree (in extending the contract) after fulfilling the duty (i.e., dowry of the first contract). Lo! Allah is ever Knower, Wise. (Qur’an 4:24)

Thus, in fact, Allah is discussing different types of marriages: first, permanent marriage in the verses before Verse 24, then temporary marriage in Verse 24, and then marriage with the slave girls in Verse 25:

If any of you have not the means wherewith to wed free believing women they may wed believing bondwomen from among those whom you rightfully possess, and Allah has full knowledge about your faith. You are one from another; wed them with the leave of their owners and give them their wages according to what is reasonable; they should be chaste not lustful nor taking paramours; when they are taken in wedlock if they fall into shame their punishment is half that for free women. This (permission) is for those among you who fear sin; And if you be patient, it is better for you; and Allah is forgiving and Merciful. (Qur’an 4:25)

Here Allah mentions the dower related to slave girls. Thus Allah repeated the issue of dowry three times, one for permanent marriage, one for temporary marriage and one for the bondwomen.

Again, to stress that Verse 4:24 was revealed about temporary marriage, we present more traditions from the Sunni commentators. Al-Tabari mentioned that:

Mujahid (ra) said: "The phrase ‘So for whatever you have had of pleasure (Istamta’tum) with them by the contract (4:24)’ means the Temporary Marriage (Nikah al-Mut’a)."

Sunni reference: Tafsir al-Tabari, by Ibn Jarir al-Tabari, under the verse 4:24, v8, p176, Tradition #9034.

Also many Sunni commentary books mentioned similar to the tradition of Sahih al-Bukhari (see part II) with more details and put it under the verse 4:24 of Qur’an:

Imran Ibn Husayn narrated: "The verse of Mut’a (4:24) was revealed in Allah’s Book, and there did NOT came any other verse after that to abrogate it; and the Prophet ORDERED US to do it, so we did it at the time of Allah’s Apostle, and he did not forbade us from it till he died. But a man (who regarded it illegal) expressed what his own mind suggested."

Sunni reference:

• Tafsir al-Kabir, by al-Tha’labi, under commentary of verse 4:24 of Qur’an

• Tafsir al-Kabir, by Fakhr al-Razi, v3, pp 200,202, under the verse 4:24

• Tafsir Ibn Hayyan, v3, p218, under commentary of verse 4:24 of Qur’an

• Tafsir Nisaboori, by al-Nisaboori (8th century)

So it is clear that ‘Imran Ibn Husayn is talking about Mut’a of women here, otherwise the above Sunni commentators would not put it under this verse, or else such scholars are just stupid (may Allah protect us from such words). The positioning of such traditions is another proof for the fact that the verse 4:24 is about Mut’a of women.

In many traditions in the Sunni commentaries of Qur’an, the phrase "to an appointed time”has been added to Verse 4:24 after the word Istamta’tum. In other words, it reads "So for whatever you have enjoyed (Istamta’tum) them by the contract to an appointed time":

فما استمتعتم به منهن إلى أجلٍ مسمى .

This however should be considered as commentary of the verse which was revealed along with Qur’an, but NOT as a part of the Qur’an. In fact, many verses were revealed by Allah which are not embodied in the present Qur’an because they were commentaries of the verses of Qur’an, but not a part of Qur’an itself. It is well-known that Hadith Qudsi is also revelation, but it is not a part of Qur’an. In fact Qur’an testifies that anything that the Prophet said was revelation. Allah Almighty said in Qur’an about Prophet Muhammad (S) that:

"Nor does he (Muhammad) speak out of his desire. Whatever he says is nothing but a revelation that is revealed.”(Qur’an 53:3-4).

Thus all the speeches of the Prophet were revelation, and surely the speeches of the Prophet were not limited to Qur’an. It also includes interpretation of Qur’an as well as his Sunnah. Now let’s go back to the traditions which I wanted to present. It is narrated that:

Abu Nadhra said: Ibn Abbas (ra) recited the verse 4:24 with the addition of "to an appointed time". I said to him: "I did not read it this way.”Ibn Abbas replied: "I swear by Allah, this is how Allah revealed it,”and Ibn Abbas repeated this statement three times."

Sunni References:

• Tafsir al-Kabir, by Ibn Jarir al-Tabari, under the verse 4:24, v8, p177, Tradition #9038

• Tafsir al-Kabir, by al-Tha’labi, under commentary of verse 4:24 of Qur’an narrating similar tradition from Jubair.

also:

Abu Nadhra said: I asked Ibn Abbas about temporary marriage (Mut’a of women). Ibn Abbas (ra) said: "Do you not read ‘For whatever you enjoyed (Istamta’tum) them by the contract to an appointed time’?”I said: "If I would have read it this way, I wouldn’t ask you (about temporary marriage)!”He replied: "Certainly the verse is about it."

Sunni reference: Tafsir al-Kabir, by Ibn Jarir al-Tabari, under the commentary of verse 4:24, v8, p177, Traditions #9036-9037

It is also narrated that:

al-Suddy (ra) said: "The verse ‘So for those of whom you have had pleasure with them by the contract to an appointed time’ is about Mut’a, that is, a man marries a woman with a provision (i.e., dowry) for a fixed period of time and makes two witnesses, and (if virgin,) he asks the permission of her guardian, and when the time period is expired, they should separate and they will not inherit each other."

Sunni reference: Tafsir al-Kabir, by Ibn Jarir al-Tabari, under the commentary of verse 4:24, v8, p176, Tradition #9033

Moreover:

Abu Karib said Yahya said: "I saw a book with Nasir in which it was: ‘So for whatever you have had of pleasure with them by the contract to an appointed time.’"

Sunni References:

• Tafsir al-Kabir, by Ibn Jarir al-Tabari, under the verse 4:24, pp 176-177, Tradition #9035

• Tafsir al-Kabir, by al-Tha’labi, under commentary of verse 4:24 of Qur’an narrating similar tradition from Ibn Abi Thabit.

Another companion, Ubay Ibn Ka’ab (who based on authentic Sunni sources the Prophet ordered the companions to trust him in the matter of Qur’an as one of the three trustee persons in this regard. See Sahih al-Bukhari, English, vol. 6, Tradition #521) also mentioned that additional phrase:

Qatadah (ra) said: "The way that Ubay Ibn Ka’ab recited the verse was: ‘So for those of whom you enjoyed by the contract to an appointed time.’"

Sunni reference: Tafsir al-Kabir, by Ibn Jarir al-Tabari, under the commentary of verse 4:24, v8, p178, Tradition #9041

Beside the above mentioned authorities, there were others such as Sa’id Ibn Jubair, Abi Is’haq, and Umay who have also mentioned this extra phrase when reading this verse. Well, as I said, this extra phrase, though revealed, was only commentary and not a part of Qur’an.

If one wants to write it, he should put it inside curly brackets showing that it is not a part of Qur’an. There are many of such extra phrases which can be found in both Shi’a and Sunni sources, but they are only the divine interpretation of the verses.

This concludes the discussion on the Qur’anic verse of Mut’a and what Sunni commentators had to say about the verse. In the next part, we Insha Allah study the authentic Sunni collections of traditions with regard to temporary marriage.