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Temporary Marriage in Islam Part 2: Evidences From the Sunni Hadith Collections

بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ

After a brief overview of books of Tafsir in Part I, let us now look at some of the Sunni collections of traditions. It is narrated in Sahih Muslim that:

Jabir Ibn Abdullah and Salama Ibn al-Akwa’ narrated: There came to us the proclaimer of Allah’s Messenger (May peace be upon him) and said: "Allah’s Messenger has granted you to benefit yourself (Istamta’u), i.e., to contract temporary marriage with women."

إنَّ رسول الله قد أذِنَ لكم أن تستمتعوا. يعني متعة النساء .

Sunni References:

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3246

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1022, Tradition #13, "Kitab al-Nikah, Bab Nikah al-Mut’a"

In the above tradition the verb Istamta’a (to enjoy; to have pleasure) has been used which is the exact form of the verb used in Qur’an in the verse of Mut’a 4:24, and moreover, Jabir said in the above tradition that Istamta’a means performing Mut’a of women (temporary marriage). Similarly it is narrated that:

Salama Ibn al-Akwa’ and Jabir Ibn Abdullah reported: Allah’s Messenger (May peace be upon him) came to us and permitted us to contract temporary marriage.

Sunni References:

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3247

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1022, Tradition #14, "Kitab al-Nikah, Bab Nikah al-Mut’a"

Moreover al-Bukhari narrated from another companion of the Prophet (S) the following tradition:

Narrated ‘Imran bin Husayn:

"The Verse of Mut’a was revealed in Allah’s Book, so we did it at the time of Allah’s Apostle, and nothing was revealed in Qur’an to make it illegal, nor did the Prophet prohibit it till he died. But a man (who regarded it illegal) expressed what his own mind suggested."

(Note: For the above Hadith, the Saudi translator of Sahih al-Bukhari (Muhammad Muhsin Khan) has changed the word "Mut’a”to "Hajj-at-Tamatu". This is while in the Arabic text of the Hadith of al-Bukhari which is beside the English text, the word "Mut’a”has been used alone:)

نزلت آية المتعة في كتاب الله

Sunni References:

• Sahih al-Bukhari, Arabic-English, v6, Hadith #43

• Sahih al-Bukhari, Arabic, v2, p375, v6, p34

• Musnad Ahmad Ibn Hanbal, v4, p436 on the authority of ‘Imran Ibn al-Qasir

As we pointed out, Mut’a can be of two kinds: Mut’a of women (pleasure marriage) and Mut’a of Hajj (Hajj-at-Tamatu). Both were practiced at the time of the Prophet and Abu Bakr and the early days of Umar’s rule. But they were abolished by Umar.

Thus basically, the above tradition refers to both types of Mut’a which were prohibited by Umar. Moreover, as we gave evidences in Part I, many Sunni commentators have put this very same tradition of Imran Ibn Husayn under the commentary of verse of Mut’a marriage (4:24) showing that this Mut’a refers to Mut’a marriage.

It is interesting to know that in Sahih Muslim as well as in the commentaries of Sahih al-Bukhari and Sahih Muslim it is mentioned that the "man”mentioned in the above tradition ("But a man expressed what he wished") is Umar:

"A person said according to his personal opinion, and it was Umar."

Sunni References:

• Sahih Muslim, English version, v2, chapter CDXLII, Tradition #2825

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p898, Tradition #166.

Also:

"The man intended here is the Caliph Umar Ibn al-Khattab."

Sunni References:

• Fat’h al-Bari fi Sharh Sahih al-Bukhari, by Ibn Hajar Asqalani, v4, p177

• Sharh al-Nawawi on Sahih Muslim, v3, p364, Dar al-Sha’ab print

The reason that in the original tradition, Imran Ibn Husayn did not mention the name of Umar is that he was mindful of the bad temper of Umar, and because Umar said he will stone anyone who does that.

It is also narrated in Sahih Muslim that:

Abu Nadhra said: Ibn Abbas commanded to do Mut’a while Ibn Zubair forbade to do it. I mentioned this to Jabir Ibn Abdillah and he said: It is through me that this Hadith has been circulated. We did Mut’a (of Hajj and women) at the time of the Messenger of Allah. When Umar was installed as Caliph, he said:

Verily Allah made permissible for his Messenger whatever He like and as He liked. And its command was revealed in Qur’an. Thus accomplish Hajj and Umra for Allah as Allah has commanded you, and confirm (by reverting to permanent marriage) the marriages of those women (with whom you have performed Mut’a). And any person would come to me with a marriage of appointed duration (i.e. Mut’a) I would stone him.

Sunni References:

• Sahih Muslim, English version, v2, chapter CDXLII, Tradition #2801

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p885, Tradition #145.

Again the above tradition has references to both Mut’a, and Umar said that Allah made permissible what he wished at the time of the Prophet and its corresponding command was revealed in Qur’an, yet he will stone any one who contracts the fixed-term marriage.

Also, both al-Bukhari and Muslim narrated the following tradition from Abdullah Ibn Masud who was another companion of the Prophet:

Narrated ‘Abdullah Ibn Masud:

We used to participate in the holy battles led by Allah’s Apostle and we had nothing (no wives) with us. So we said, "Shall we get ourselves castrated?”He forbade us (to castrate ourselves) and then allowed us to marry women with a temporary contract (Mut’a) and recited to us:

‘O you who believe! Make not unlawful the good things which Allah has made lawful for you, but commit no transgression.’ (Qur’an 5:87)

Sunni References:

• Sahih al-Bukhari, Arabic-English version, v7, Tradition #13a

• Sahih al-Bukhari, Arabic, v6, p11, under Tafsir of verse 5:87 of Qur’an

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1022, Tradition #11, "Kitab al-Nikah, Bab Nikah al-Mut’a"

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3243

Following the above tradition in Sahih Muslim, it is narrated that:

This Hadith has been narrated on the authority of Isma’il with the same chain of transmitters (but the words are): "We were young so we said: "O Allah’s Apostle! should we not have ourselves castrated? But he (the narrator) did NOT say we were on an expedition."

Sunni References:

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3245

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1022, Tradition #12, "Kitab al-Nikah, Bab Nikah al-Mut’a"

One side comment here is that, based on the above authentic traditions, masturbation is forbidden, otherwise the Prophet (S) would have ordered his companions to masturbate instead of contracting temporary marriage!

The above action of the Prophet (S) proves that if one is in danger of fornication, he should contract temporary marriage and avoid masturbation. The prohibition of masturbation is also supported by the verses of Qur’an, as we will discuss in Part V.

Some claim that the Prophet used to allow temporary marriage in a particular expedition and then prohibited it on the day of victory. This allegation falls apart when we see that some of the famous companions said that Mut’a was widely practiced from the time of the Prophet till the time of Umar, and was continued to be promoted by some companions even after the death of Umar.

Moreover, if Mut’a was just for an expedition, the Prophet would have mentioned it at the time he allowed it. They, of course, did Mut’a in the expeditions as well, but certainly it was not limited to that. Moreover, the verse of Qur’an does not have any limitation of this kind. This leads us to believe such allegation is just a mere excuse to justify the present situation. As we will witness in the following traditions, the companions supported Mut’a without mentioning the battle. They did not mention that we only did it during the expeditions.

Beside what was quoted at the beginning, Sahih Muslim has more traditions with reference to the prominent companion, Jabir Ibn Abdillah al-Ansari (ra), which are as follows:

Narrated Abu Nadhra:

While I was in the company of Jabir Ibn Abdullah (ra), a person came to him and said that Ibn Abbas (ra) and Ibn Zubair differed on the two types of Mut’a (Mut’a of Hajj and Mut’a of women), whereupon Jabir said: We used to do these two during the life time of Allah’s Messenger (S). Umar then forbade us to do them, and so we did not revert to them.

Sunni References:

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3250.

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1023, Tradition #17, also v2, p914, Tradition #1249.

Again the above tradition emphasizes that both Mut’a were abolished by Umar, and some people did not return to it at least publicly, because Umar threatened people that he will stone any one who does it. Below is a more straight forward tradition:

Jabir Ibn Abdullah reported: "We contracted temporary marriage giving a handful of the dates or flour as a dower during the life time of Allah’s Messenger (may peace be upon him) and during the time of Abu Bakr until Umar forbade it because of Amr Ibn Huraith.

كنا نستمتع

Sunni References:

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3249

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1023, Tradition #16, "Kitab al-Nikah, Bab Nikah al-Mut’a"

Again, in the Arabic text of the above tradition, the verb "Istamta’a”has been used for the temporary marriage which exactly what Qur’an has used. Also as we see, there is no mention of its restriction to battle. It was being widely practiced at the time of the Prophet and the rulers who came after him. Also:

Ibn Juraih reported: Ata’ reported that Jabir Ibn Abdullah came to perform Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the life time of the Holy Prophet (may peace be upon him) and during the time of Abu Bakr, and Umar.

استمتعنا على عهد رسول الله و أبي بكر و عمر

Sunni References:

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3248

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1023, Tradition #15, "Kitab al-Nikah, Bab Nikah al-Mut’a"

As we witness here again, the verb "Istamta’a”has been used in the above tradition for the temporary marriage which in conformity with the verse of Qur’an.

Another person who opposed Umar’s idea in this regard, was Abdullah Ibn Abbas (ra) who was one of the great companions of the Prophet (S). Al-Bukhari wrote in his Sahih:

Narrated Abu Jamra: I heard Ibn Abbas (giving a verdict) when he was asked about the Mut’a with the women, and he permitted it (Nikah al-Mut’a). On that a freed slave of his said to him, "That is only when it is very badly needed and (qualified permanent) women are scarce, or similar cases.”On that, Ibn Abbas said, "Yes."

Sunni reference: Sahih al-Bukhari, Arabic-English, v7, Hadith #51

Do you see anything about battle as a condition here? Moreover, if Ibn Abbas relied to what others alleged that the Prophet later prohibited it, he would not allow himself to give Fatwa in this regard. He did that since he knew these allegations are false and are solely to justify Umar’s opinion. Also Muslim narrated in his Sahih that:

Urwa Ibn Zubair reported that Abdullah Ibn Zubair stood up (and delivered an address) in Mecca saying: Allah has made blind the hearts of some people as he has deprived them of eyesight that they give religious verdict in favor of temporary marriage, while he was alluding to a person (Ibn Abbas). Ibn Abbas called him and said: You are a rude person and devoid of sense. By my life, Mut’a was Practiced during the life time of the leader of pious (he meant Allah’s Messenger, may peace be upon him), and Ibn Zubair said to him: Just do it yourself, and by Allah, if you do that I will stone you with your stones.

Sunni References:

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3261

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1026, Tradition #27, "Kitab al-Nikah, Bab Nikah al-Mut’a"

Did Ibn Abbas say, just during a battle? certainly not. This is what some Sunni scholars invented simply to justify the action of Umar. In the above tradition Abdullah Ibn Zubair insults Ibn Abbas (ra) by saying that his heart is blind, simply because he believed that Mut’a should be promoted since it was the Sunnah of the Prophet (S). Ibn Zubair forgot that he himself was born out of Mut’a! (See Sahih Muslim, v1, p354; al-Iqd al-Fareed, v2, p139). Then Ibn Zubair threatened that he will stone Ibn Abbas (ra). This is while Ibn Abbas (ra) was one of the outstanding companions of the Prophet (S), and Abdullah Ibn Zubair wanted to teach him his religion, after he fought both Imam ‘Ali and Ibn Abbas in the battle of Camel, and shedding the blood of innocent Muslims.

Also in Sahih Muslim it narrated that:

"Muslim al-Qurri said: I asked Ibn Abbas about Mut’a and he permitted it, where as Ibn Zubair had forbidden it. So Ibn Abbas said: "This is the mother of Ibn Zubair who states that Allah’s Messenger had permitted it, so you better go to her and ask her about it. He (Muslim al-Qurri) said: So we went to her and she was a bulky blind lady. She said: Verily Allah’s Messenger permitted it.

• Sunni reference: Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p909, Traditions #194-195. In Tradition #195 the subnarrator said: "The narrator used the word Mut’a alone, and I do not know if it was Mut’a of Hajj or Mut’a of women.”However it is known that what Ibn Zubair used to forbid was Mut’a of women as is clear from the traditions mentioned earlier.

Even after the death of Umar, and even after Uthman, many companions did not accept the order of Umar and insisted that temporary marriage is lawful. These advocates of Mut’a never mentioned that it was restricted to a battle.

Some people believe that a certain individual did Mut’a with one of the daughters of Umar during the Umar’s rule, and when Umar got to know of it, he decided to prohibit Mut’a.

Let me clear the fact that we do not have hatred toward Umar. We believe that he was one of the companions of the Prophet, but we do not put him in a high position since, as you witnessed partially, there are strong proofs that he did some innovations based on his own Ijtihad which were terribly wrong.

We strongly believe that Fatwa does not work when there is explicit text of Qur’an or authentic Hadith to the contrary. Abolishing Temporary Marriage is just one example of such innovations. Even according to Sahih al-Bukhari Umar himself straightforwardly confessed that he did some innovations in prayers and said: "What a nice innovation"!!! (See Sahih al-Bukhari, Arabic English version, v3, p227). He also did change the regulations on Tayammum and many other rules of Islam.

Another companion who opposed this innovation of Umar, was his own son!! His name was Abdullah Ibn Umar. He was in favor of both Mut’a of Hajj and Mut’a of women. I give two traditions expressing each Mut’a. It is narrated in Sahih al-Tirmidhi that:

"some one asked Abdullah Ibn Umar about Mut’a (of Hajj), he said: It is permitted (Halaal). So he was asked: your father forbade it. He said: Do you think that my father can forbid what the Prophet did? Should I follow what my father said, or should I follow what the Prophet ordered? The man said: Of course the orders of the Prophet (S)."

Sunni References:

• Sahih al-Tirmidhi, v1, p157

• Tafsir al-Qurtubi, v2, p365, reported from al-Darqunti

Another report in the above source:

"When a man from Syria asked Abdullah Ibn Umar about the Mut’a of women, he said it is Halaal. The man said: Your father had made it forbidden! Ibn Umar said: Do you think that if my father was forbidding it and the Messenger of Allah used to (allow) its practice, then you should leave the Sunnah and follow what my father said?"

Sunni reference: Sahih al-Tirmidhi

What I provided here was just some traditions, out of many, available in the six Sunni collections of Hadith in support of Mut’a. There are much more available. In the next parts, Insha Allah, we shall briefly review the Sunni History/Fiqh/Misc. books, and then we will study and analyze the few traditions which allege that the Prophet banned Mut’a towards the end of his life.

Temporary Marriage in Islam Part 3: Evidences From the Sunni History-Fiqh-Miscellanea Books

بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ

After an overview of the commentaries of Qur’an and the authentic collections of Traditions, let us, now, look at some other types of Sunni references in with regard to Mut’a.

The previously-mentioned tradition of ‘Ali Ibn Abi Talib (as) given in Sunni commentary books of Qur’an (please see Part I), has also been reported in many other Sunni books with a simple variation in some, that is, using the word "Shafa”meaning "a few”instead of "Shaqi”meaning a playboy:

"‘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 a (Shaqi/Shafa)."

Sunni References:

• Bidayat al-Mujtahid, by Ibn Rushd, v2, p58

• al-Nihaya, by Ibn al-Athir, v2, p249

• al-Faiq, by al-Zamakhshari, v1, p331

• Lisan Al-Arab, Ibn Mandhoor, v19, p166

• Taj al-Aroos, v10, p200

• Fat’h al-Bari, v9, p141

• Kanz al-Ummal, by al-Muttaqi al-Hindi, v8, p293

• Al-Iqd Al-Fareed, v2, p139

• Umadat al-Qari, by al-’Ayni, v8, p310, (reports Mut’a was Halaal at the time of the Prophet Abu Bakr some of the Umar’s period.)

Also al-Hafidh Jalaluddin al-Suyuti said about Umar:

"He (Umar) is the first who made Mut’a forbidden (Haraam)."

Sunni reference: Tarikh al-Khulafaa, by al-Hafidh Jalaluddin al-Suyuti, p136

Also al-Qastalani wrote:

The phrase "But a man said with his opinion what he wished”(as was mentioned in the authentic Sunni books such as Sahih al-Bukhari), is Umar Ibn al-Khattab and not Uthman, because he was the first to forbid Mut’a. So the one came after him (i.e., Uthman) was only following him in that action."

Sunni reference: al-Irshad, by al-Qastalani, v4, p169

As we mentioned, Ibn Abbas supported Mut’a even after the battle of Camel (which happened when Imam ‘Ali became the head of Islamic states), and years after he lost his eyes. Let me give you one interesting tradition reported by Ibn Abi al-Hadid. The brief version of this tradition was mentioned in Sahih Muslim (which was presented in Part II), but here there are more details including the events related to the war between Aisha and Imam ‘Ali (as). Ibn Abbas (ra) was known for his smart answers in the debates. Here is the tradition:

Ibn Zubair gave a speech over the pulpit in Mecca when Ibn Abbas was sitting under the pulpit beside other people. Then Ibn Zubair said:

"Among these people is a man whom Allah has made his heart blind as He did with his eyes (referring to Ibn Abbas who was blind at the time); and he thinks that Mut’a of woman is permitted by Allah and his Messenger; and he issues religious verdicts for every single issues; and he has stolen the treasury of Basra yesterday and caused financial problems for the people of that city, and how can I blame him when he fought the mother of believers (Aisha) and the companions of the Messenger of Allah and those who protected him.”Hearing that, Ibn Abbas said to Sa’d Ibn Khuthaimah to take him in front of Ibn Zubair since Ibn Abbas was blind. After he faced Ibn Zubair, Ibn Abbas said:

"O’ Ibn Zubair! As for blindness, verily Allah said in Qur’an that:

‘For indeed it is not the eyes that grow blind, but it is the hearts, which are within the bosoms, that grow blind.’ (Qur’an 22:46)

And as for my religious verdicts, there are reasons behind them that neither you nor your companions comprehend them. And as for the treasury, it was the money which was collected and we gave every liable person his just share. As for Mut’a, you better ask your mother Asma’! (note: Ibn Zubair was born of Mut’a marriage between Zubair and the daughter of Abu Bakr, Asma’). And as for our fighting the mother of believers, her title is referring to us, not you and your father (i.e., ‘believers’ is referring to us).

Your father (Zubair) and your uncle (Talha) destroyed the protection that Allah provided for her, and used her for Fitna by fighting beside her while keeping their own wives at their homes; and they were not fair to Allah and His Messenger by exposing the wife of the Prophet and protecting their own wives; and as our fight against you (in the battle of Camel), we came forward to you, and if we were infidels (Kuffar) then you have become infidels by running away from us (after being defeated in the battle field), and if we were believers then you have become infidels by fighting against us. And if a woman was not among you, I wouldn’t leave any bone among your people unless I would have broken."

When Ibn Zubair came back to her mother and ask her about Mut’a, she replied: "Did I not warn you from facing Ibn Abbas and facing Bani Hashim (The clan of the Prophet(S)), because they have answer for everything. O my son! Avoid this blind man for neither human nor unseen creatures (Jinn) can corner him."

Sunni reference: Sharh Ibn Abi al-Hadid, v4, pp 489-490

Also, in this connection, al-Raghib al-Isbahani reported:

Ibn Zubair denounced Ibn Abbas for his opinion on Mut’a. Thus Ibn Abbas told him: "Go and ask your mother what she did with your father.”When Ibn Zubair asked her, she said: "By God, I did not conceive you except through Mut’a."

Sunni reference: al-Muhadhiraat, by al-Raghib al-Isbahani, v2, p96

It is also reported that:

Yahya Ibn Aktham asked a Shaikh from Basra: "Why do you permit Mut’a?”He answered: "Due to Umar Ibn al-Khattab". Yahya asked: "How is that? Umar was the most sever one against it?”He answered: "Yes, it is an authentic narration that Umar ascended the pulpit and said: ‘Allah and His Prophet permitted you two Mut’a, but I forbid you on both and will punish those who commit it’, so we accepted the witness of Umar (that Allah and His Prophet permitted it) but we did not accept his prohibition."

Sunni reference: al-Muhadhiraat, by al-Raghib al-Isbahani, v2, p94

Malik Ibn Anas and al-Shafi’i (two of the four Sunni Imams) as well as many Sunni traditionist reported the following with authentic chain of narrators:

Urwah Ibn Zubair narrated that Khulah Bint Hakim came to Umar Ibn al-Khattab and said: Rabi’ah Ibn Umayyah practiced Mut’a with a woman and the woman has become pregnant from him. Umar became angry and said: "About this Mut’a, had I done (the ban) sooner than this, I would have stoned him."

Sunni References:

• al-Muwatta’, by Malik Ibn Anas, on the topic of Mut’a, v2, p30

• Kitab al-Am, by al-Shafi’i, v7, p219

• Sunan al-Kubra, by al-Bayhaqi, v7, p206

Moreover, it is reported that:

Umm Abdillah, the daughter of Abu Khuthaimah said that a single (unmarried) man from Syria came to her and said: "I am under emotional pressure for remaining unmarried, thus find for me a woman so as to contract temporary marriage with her.”Therefore She found a woman for him and he made Mut’a contract with her having some witnesses. He remained with her till the marriage was over. When Umar found out what happened, he called him and said: "Why did you do that?”The man replied: "We did it at the time of the Prophet and he did not forbid us till Allah took his soul, then we did it at the time of Abu Bakr and he did not forbid us till Allah took his soul too, and then we did it during your rule and you have not forbid us before.”Umar replied: "By whom my sole is in His hand! Had I forbidden it sooner, I would have stoned you so that you could understand the difference between marriage and fornication."

Sunni reference: Kanz al-Ummal, by al-Muttaqi al-Hindi, v8, p294, via al-Tabari

How can Umar prohibit something which the messenger of Allah did not? How can he threat to stone an unmarried man who did Mut’a, while the punishment of an unmarried man is not stoning? Even the four Sunni schools do not subscribe to such idea. They consider the punishment of a person who does Mut’a to be "Ta’zeer”which is even much less than the punishment of an unmarried person who commit fornication!

What I am trying to say is that there are numerous documented traditions as well as Sunni historical records which assert that Umar was the one who forbade Mut’a, and if he did that it means that the Prophet (S) really didn’t; otherwise, Umar would not have had to! This is contrary to the various sporadic reports that claim otherwise, to a different point in time. These contradicting reports will be discussed in Part IV.

Now the question is: What is the "measure”for us? Which opinion and channel of transmission of Sunnah should we trust? As we know, there have been many other instances where the companions did not agree with one interpretation of Qur’an and Sunnah, and the Sunnah of the Prophet has reached us through these very same companions. In this case, (as well as other issues) we have chosen to follow ‘Ali (as) who was admittedly the most knowledgeable among the companions. There is nothing intrinsically wrong with this choice, just as others have chosen to follow other parties. The fact is that one can not follow ALL the companions when they disagreed in such issues.

A Sunni brother claimed that the majority of the Companions held the view that after the completion of the Islamic legislation, temporary marriage was made Haraam.

The above assertion is not true however. The fact is that No companion ever mentioned it Haraam until after the rule of Umar. It was then, that some started saying that it is made Haraam.

Even if we suppose that the majority of companions said something, this does not oblige us to follow them. What we are supposed to follow are the words of Allah in Qur’an and the Sunna of the Prophet (S). The Shi’a scholars also agree on the validity of Ijmaa’ (consensus), not as a source of religion, but rather as a fact. Ijmaa’ means what is unanimously held by ALL Muslims. This fact is taken from the Sunna and is due to the tradition of the Prophet (S) where he said:

"My community shall not unite on something wrong."

This proves the fact that even if most of Muslims go wrong in some issues there should exist one or some individuals who do not join them in that regard as they might have evidence at hand from Qur’an and Sunna regarding those issues.

It is clear that Ijmaa’ does not give any weight to the majority. In fact, it gives more weight to the minority because even if one scholar disagrees, the Ijmaa’ (consensus) is broken!

There is no Ijma’ in the subject of Mut’a. Most of the companions and their disciples did not agree with its prohibition by Umar. But only some of them dared to raise their voice.

There is no Ijma’ in this issue among the Sunni scholars either. I have mentioned the name of some the Sunni scholars in the previous parts who believed Mut’a is permitted. Moreover Shi’a scholars are another reason for breaking this Ijma’.

Ibn Hazm (d. 456) who is one of the Sunni scholars, in his book "Muhalla”gave the name of some of the companions and their disciples who believed that Mut’a is Halaal. In the 9th section of the chapter of Marriage in his book "Muhalla", Ibn Hazm gives a detailed account of Mut’a and its regulations. Among the numerous companions and their disciples who believed in practicing Mut’a after the demise of the Prophet are:

Imam ‘Ali (as), Abu Dharr, Jabir Ibn Abdillah, Abdullah Ibn Abbas, Abdullah Ibn Masud, Zubair Ibn al-Awwam, Imran Ibn Husayn, Abdullah Ibn Umar, Ubay Ibn Ka’ab, Abu Sa’id al-Khudri, Salamah Ibn Umayyah, Awka’ Ibn Abdillah, Salamah Ibn al-Awka’, Khalid Ibn Muhajir, ‘Amr Ibn Huraith, Rabi’a Ibn Umayya, Suhair, Sa’id Ibn Jubair Tawoos, Qotadah, Mujahid, Ataa al-Madani al-Suddy, and Imam al-Hasan (as), ...

Many of their narrations in this regard has been recorded in many Sunni references such as the first volume of Musnad Ahmad Ibn Hanbal.

To give a better picture of the opposition of the companions, let us look at the History of al-Tabari (English version) which reports that the companions were unhappy about four things out of the innovations made by Umar. One of those who dared to talk to Umar about these issues was Imran Ibn Sawadah. The report indicates that even Umar was unhappy about what he did and surprisingly confessed that temporary marriage is permitted (Halaal)!!! Here is the report:

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. (But the reason that I forbade it was that) 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 (after I forbade). 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.”...

Sunni reference: History of al-Tabari, English version, v14, pp 139-140

I was really astonished when I read the above passage. Umar is saying that people can engage in Temporary Marriage again!!! Interesting to see that the one who was talking to Umar, says that you forbade it but we still enjoy this type of marriage! He uses the word "enjoy”and not "enjoyed”meaning that what is important to us is Allah’s command and not Umar’s, and thus we still do it. He also mentioned that Temporary Marriage is licensed by Allah and people are unhappy about this innovation of Umar.

It is interesting to note that Umar never attributed the prohibition of Mut’a to the Prophet (S). They were others who did that after his death, mainly to justify what Umar did which was also being enforced in the reign of Uthman. We gave two different traditions in Part I where Umar clearly mentioned that: "Mut’a WAS permitted at the time of the Prophet and I prohibit it!”If it was really the Prophet who canceled Mut’a, Umar would have said: 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.

Moreover, Sunnis believe that Mut’a of al-Hajj is permitted, and Umar made a mistake in his judgment in prohibiting it. Then the question is that: why do the Sunnis differentiate between the two Mut’a while both were prohibited by Umar according to the above tradition and the traditions of Sahih al-Bukhari and Sahih Muslim? When Sunnis agree that Umar made a mistake in forbidding the Mut’a of al-Hajj, then isn’t it probable that he also made the very same mistake for the Mut’a of women?

I only would like you to observe that the Shi’a follow the Imams of Ahlul- Bayt (as), the pure descendants of the Prophet (S), and if the Prophet (S) had said something to that effect (i.e., prohibition of Mut’a), then his Ahlul-Bayt would not have hidden it from their followers. This gives more credence and leads one to believe that Umar did forbid it and not the Prophet, and Umar did it as an act of "Ijtihad", on his own!!

In the next part, Insha Allah, we will analyze the few Sunni reports which allege that the temporary marriage was forbidden by the Prophet (S).