Alhassanain(p) Network for Heritage and Islamic Thought

Temporary Marriage in Islam Part 4: Some Contradicting Reports

بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ

There are few traditions which claim that the Prophet forbade Mut’a. There are however many contradictions among these reports. Let us look at the following traditions which alleged that the temporary marriage was forbidden FOREVER in the battle of Khaibar (1/7 AH). We will discuss what types of problems these traditions have shortly.

Muhammad Ibn ‘Ali narrated on the authority of his father ‘Ali that Allah’s Apostle (may peace be upon him) on the Day of Khaibar prohibited for ever the contracting of temporary marriage and eating of the flesh of the domestic asses.

• Sunni reference: Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3265

also:

‘Ali (may peace be upon him) heard that Ibn Abbas (Allah be pleased with him) gave some relaxation in connection of temporary marriage, whereupon he said: Don’t be hasty (in your religious verdict), Ibn Abbas, for Allah’s Messenger (may peace be upon him) on the day of Khaibar prohibited for ever the doing of it and eating of the flesh of domestic asses.

• Sunni reference: Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3266

Surprisingly, the following traditions claim that, long after the battle of Khaibar, the Prophet ordered to do Mut’a when he Captured Mecca (9/8 AH) but he allegedly forbade it when they left Mecca:

Sabra al-Juhanni narrated: Allah’s Messenger (may peace be upon him) ordered us to contract temporary marriage in the Year of Victory, as we entered Mecca, and we did not come out of it (Mecca) till he forbade us.

(Note: The Saudi-paid translator has used "permitted”instead of "ordered". This while the Arabic text of the Hadith uses "ordered". This shows that the Prophet not only allowed Mut’a, but also promoted it in Mecca.)

Sunni References:

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3257

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1025, Tradition #22, "Kitab al-Nikah, Bab Nikah al-Mut’a"

also:

Sabra narrated: Allah’s Messenger (may peace be upon him) ordered his companions to contract temporary marriage in the Year of Victory... (then I made Mut’a) and I remained with her for three (nights), and then Allah’s Messenger (may peace be upon him) commanded us to part with them.

(Note: Again the Saudi-paid translator has used "permitted”instead of "ordered”while the Arabic text of the Hadith uses "ordered":)

إنَّ نبيِّ الله عام فتح مكة أمر أصحابه بالتمتع بالنساء ...

Sunni References:

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3258

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1025, Tradition #23, "Kitab al-Nikah, Bab Nikah al-Mut’a"

Now, let us look at the following traditions which claims that the Temporary marriage was forbidden forever in Mecca when the Prophet (S) was speaking beside Ka’ba. We will shortly see why these traditions do not seem to be correct.

Sabra al-Juhanni reported on the authority of his father that while he was with Allah’s Messenger (may peace be upon him), he said: O’ people, I had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to them (as dower).

إنِّي قد كنت أذِنتُ لكم في الاستمتاع من النساء و انَّ الله قد حرَّمَ ذلك إلى يوم القيامة

Sunni References:

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3255

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1025, Tradition #21, "Kitab al-Nikah, Bab Nikah al-Mut’a"

A side comment here is that again the word "Istimta’a”has been used in this tradition for temporary marriage which is exactly what Qur’an has used.

In the next tradition after the above tradition in Sahih Muslim, the same narrator (Sabra) has narrated the same tradition with addition that:

"I saw Allah’s Messenger standing between the pillar and gate of Ka’ba when speaking the Hadith."

Sunni References:

• Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3256

• Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1025, Tradition #21, "Kitab al-Nikah, Bab Nikah al-Mut’a"

The following tradition, however, indicates that the Prophet allowed Temporary marriage after the battle of Hunain (after 10/8 AH) which was after the conquest of Mecca:

Narrated Iyas Ibn Salama on the authority of his father that Allah’s Messenger (may peace be upon him) gave sanction for contracting temporary marriage for three nights in the year of Autas (this was after the Battle of Hunain in 8H), and then forbade it.

{Note: The sentence inside parentheses is the Saudi translator’s footnote, and is NOT mine.}

Sunni References:

Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3251

Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1023, Tradition #18, "Kitab al-Nikah, Bab Nikah al-Mut’a"

Now, let us see what the problems are:

1. Some Sunni scholars have rated these traditions as single (Mufrad), i.e., they are single reports. Ibn Asakir has mentioned the above tradition attributed to ‘Ali, in whose chain of authority is Ibn Saa’ed. Then he wrote: "Ibn Saa’ed is a liar". Also other Sunni Scholars such as Darqunti mentioned that these traditions are single. (See Ifraad, by Darqunti).

2. If the Prophet has forbidden the temporary marriage in the Day forever of Khaibar (1/7 AH), why it was practiced even after the battle of Hunain (after 10/8 AH) with the direct order of the Prophet? (See the reference above) In other words:

3. How is that possible that one is forbidden forever and in two different points of time, in the Day of Khaibar (1/7 AH) and on the victory Mecca (9/8 AH) forever, and people were practicing it between these two instants of time and after these two instances with the order of the Prophet? In the mentioned tradition about the battle of Hunain, it is said that the messenger of Allah allowed to do Mut’a for after the battle of Hunain. So we can not say people did it because they did not know it was forbidden forever.

The traditions confirms that Mut’a was done with the direct order of the Prophet. So how can we justify these few alleged traditions that the Prophet forbade it forever before that? This contradiction itself supports the fact that all these few narrations were made up to cover up and to justify what Umar enforced during his rule based on his idea. How nice is the verse 4:82 of Qur’an describes that one can find many contradictions in something that is not from Allah.

4. Two Sunni scholars: al-Qurtubi (in his commentary of Qur’an) and al-Nawawi (in his commentary of Sahih Muslim) are in the opinion that different traditions concerning the ban of Mut’a specify seven different dates!!!

5. How is that possible that people after the demise of the Prophet were practicing it? To answer this, some claim that although the Messenger of Allah had forbidden it, but it had not been given wide publicity, and thus some continued to practice it till Umar reinforced that law during his rule.

6. If this allegation is true, then it implies that all the companions except Umar were ignorant of the Sunnah of the Prophet, and ignorant of the fact that Mut’a was forbidden forever, and they continued practicing it after the demise of the Prophet, and quarreled amongst each other in this issue. They committed the sin of fornication and encouraged others to do that, and no body said to them not to do that BEFORE the rule of Umar. All of a sudden, some of them started saying it after the rule of Umar.

7. Then how can we conclude that they all carried the Sunnah of the Prophet and if we follow anyone among them we will go to paradise, because any single one of them is a star of guidance (no matter if it came out to be Muawiyah). What will be wrong if we follow Jabir who said Umar forbade it? What about Imran Ibn Husayn who believed that Umar said what he wished, and neither Allah nor His Prophet prohibited it? What will be wrong if we take the opinion of Imam ‘Ali (as), the most knowledgeable one among the companions who 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).”(See above for two set of references given before, one set from books on Tafsir and one set from books on history and misc. in Parts I & III respectively.)

Imam ‘Ali (as), Abu Dharr, Jabir Ibn Abdillah, Abdullah Ibn Abbas, Abdullah Ibn Masud, Zubair Ibn al-Awwam, Imran Ibn Husayn, and Abdullah Ibn Umar, Ubay Ibn Ka’ab, Abu Sa’id al-Khudri, Salama Ibn Umayyah, Awka’ Ibn Abdillah, Salama 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), are also the stars of guidance if that Sunni tradition is true. So if we follow them with regard to permissibility of Mut’a, are we not guided then?

Also if the claim that the Messenger of Allah (S) allowed it for a single instance is true, then he would have told them at the same time that they can do it only for this certain period of time, and it will be forbidden after that for ever. In other words, he should have mentioned its prohibition at the time that he prescribed it. In this way there would be no confusion, and we can say the Prophet (S) delivered the Message in this regard. Now the question is: Did the Prophet mentioned its prohibition at the time when he allowed it momentarily?

If yes, then why did prominent companions such as Jabir Ibn Abdillah al- Ansari, Ibn Abbas, Abdullah Ibn Masud, Imran bin Husayn, and Abdullah Ibn Umar, practiced (and some even promoted) Mut’a long after the demise of the Prophet?

If no (i.e., the Prophet did not mention its prohibition at the time he allowed it momentarily), then the Prophet intentionally confused some of his own companions such as those I mentioned above, because as a result of their "ignorance", some of them even practiced and promoted Temporary Marriage even after the rule of Umar!

Moreover if the prohibition of Mut’a was not given wide publicity by the Prophet, then it would contradict the following verse of Qur’an:

"He (Allah) has explained to you in detail what is forbidden to you”(Qur’an 6:119)

Is it possible that the Messenger of Allah does not publicize what has been prohibited by Allah, which led the companions commit adultery till near the end of the rule of Umar, until it was finally decided that it is time to publicize this fact and stop the Muslims and companions from committing adultery!! How can we justify the above verse of Qur’an if the Prophet did not inform his companions the prohibition of Mut’a so that they do not quarrel amongst each other because of their ignorance of such important subject?

Also, do Sunnis think that the above mentioned companions did not have any fear of Allah? If they had any fear of Allah, and if they did not have strong proof that Mut’a is allowed forever, they would quit promoting Mut’a after Umar. Ibn Abbas did not accept what Umar said and he continued to promote Mut’a even after the battle of Camel when he argued with Ibn Zubair.

Was Ibn Abbas suspicious to Umar? Why didn’t he believe in him? The reason simply is the fact that Umar did not attribute this prohibition to the Prophet. Umar said: "The Prophet allowed it and I prohibit it.”Then if I were Ibn Abbas, I would do the same. Reviving the Sunnah of the Prophet which has been forsaken is a duty and has a lot of reward, and this was the concern of Ibn Abbas.

This goes for other companions who supported Mut’a even after the death of Umar, because they were sure that this is a man-made prohibition, and is not issued by Allah, nor by His Prophet (S). Otherwise, if these companions were unsure then they would at least keep silent for the fear of Allah. But the fact is that they knew what they were doing.

8. The speeches of the Prophet in Mecca was narrated through different narrators. Why only one narrator, named as Sabra al-Juhanni, had heard these words from the Prophet, and this part of the speech of the Prophet was not narrated by others? It is hardly conceivable that the Prophet could have stood before the Ka’ba in front of a large group of Muslims and ban something until the Day of Resurrection, and that then only one person Sabra should have heard him or related his words.

9. Moreover, there are discrepancies in the various versions of Sabra’s in different Sunni collections of Hadith. In some versions the prohibition is said to have occurred in the year of the victory of Mecca (8 AH), in others in the year of the Farewell Pilgrimage (10 AH). This discrepancy makes the Hadith even more untrustworthy.

The version of the Hadith of Sabra which states that the Prophet momentarily permitted Mut’a at the Farewell Pilgrimage in Mecca in the year 10/632, shows another fact. People could not have complained from the separation of their wives during the Farewell Pilgrimage, since all of the wives were present, and the single men could have taken permanent wives in Mecca.

This is another proof for absurdity of the allegation that temporary marriage was in the case of battles! This is beside many traditions mentioned above that the companions never mentioned practicing Mut’a was limited to battles, and acknowledged that it was a usual practice up to the end of Umar’s rule.

10. Another contradiction with the narration of Prohibition of Mut’a in Mecca, is that the Prophet is alleged to have said:

I had permitted you to contract temporary marriage, and Allah has forbidden?

The problem is that the sentence is in reverse order based on the alleged narration attributed to ‘Ali that the Prophet have forbidden it. Based on the one of the early references of this article, the Prophet did not allow the temporary marriage when there was no command from Allah. Then the verse was revealed and Allah made it lawful and the Prophet permitted it, then. Based on what was attributed to ‘Ali (mentioned above from Sahih Muslim), it was the Prophet who had forbidden the temporary marriage. So, the sentence, must have been:

Allah had permitted you and I have forbidden you.

While this is in reverse order for the narration of Sabra. Why? Does any of them make sense?! How can the Prophet’s word and Allah’s word contradict each other. It is reported that:

"The Messenger of Allah (S) said: "I did not make anything Halaal except what Allah made Halaal, and I did not make anything Haraam except what Allah made Haraam."

• Sunni reference: Tabaqat, by Ibn Sa’d, v4, p72

Then, how can the Prophet’s word and Allah’s word contradict each other?

11. The other problem with the tradition by Sabra al-Juhanni is that, if Allah has forbidden an Islamic law, he must have revealed some verse(s), or He must have whispered in the ears of the Prophet that the verse of Mut’a is abrogated. Since there is no record that Allah has whispered such important order in the ears of the Prophet, Allah must have revealed a verse about abolishing temporary marriage. Where is the abrogating verse(s)? Also, is it possible that Allah has whispered in the ears of his Prophet privately that the verse is abrogated, and the Prophet did NOT tell people when there was no new verse revealed in this regard?

12. The traditions can not abrogate the existing verses of Qur’an. Qur’an is always in higher authority. The traditions are always subject to check with Qur’an, and if they are found to be in contradiction with Qur’an, those contradicting traditions are rejected.

13. More over, the abrogated verse is either deleted from Qur’an by the Prophet, or if it is present in Qur’an, there should be another verse revealed at a later time to abrogate the previous one. In other words, the only way to establish that a verse which is present in Qur’an is abrogated, is to have an abrogating verse which should have been revealed after that verse, since the traditions alone can not abrogate an existing verse of Qur’an. Since there is no verse revealed after 4:24 abrogating it, it is still in effect.

14. And there are more problems with these three traditions on forbidding the temporary marriage which will be discussed later. Our humble suggestion is what the Prophet recited when he allowed the Temporary marriage:

O’ those who believe, do not make unlawful the good things which Allah has made lawful for you, and do not transgress. Allah does not like transgressors. (Qur’an 5:87)

This was the verse mentioned in the tradition of Abdullah Ibn Masud about temporary marriage (see the previously-mentioned tradition from Sahih al-Bukhari and Sahih Muslim). What do Sunnis think of the Prophet’s intention for mentioning this verse to people? How come temporary marriage is a bad thing for the Sunnis while the above verse of Qur’an refers it as a "good thing"? Do Sunnis want to listen to this verse about something like temporary marriage?:-)

Temporary Marriage in Islam Part 5

بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ

Purpose Of The Marriage

Some Sunnis claim that based on the following verse of Qur’an

"And Allah has made for our spouses of your own nature, and from your spouses has made for you sons and grandsons ...”(Qur’an 16:72)

the purpose of marriage is reproduction. However, in the temporary marriage the above-mentioned purpose is not realized, and thus the couple can not be considered husband and wife.

To answer this assertion, we should say: It is true that temporary marriage is not primarily intended for reproduction (though the couples can do that if they want to). As a matter of fact, many temporary marriages were/are the gate for entering the permanent marriages and the establishments of lucky families. In many cases the partners will finally permanently marry after they saw a good deal of success in their temporary relation.

Even though the human race is guaranteed its survival through marriage, the Holy Qur’an did NOT authorize it exclusively for that, otherwise, it should have illegalized any marriage which does not give birth to new generation. For instance, the marriage of barren/infertile women as well as old women should have been prohibited. Also contraceptive means should not have been allowed. But the fact is that none of them are prohibited in Islam. This goes to prove that reproduction is NOT the mere goal in marriage.

Moreover, when discussing the issue, fairness requires one to bring other reasons that Qur’an mentioned for engaging in marriage. The above was just ONE reason which is usually the case of permanent marriage. But the above verse does not say that reproduction is the ONLY reason to marry. There are other goals mentioned in Qur’an for marriage, among which are the following:

1- Having pleasure and enjoying the other partner

This is clear from the verse of Mut’a itself where Allah said:

"So for those of whom you have pleasure with them (by the contract), you are required to give (them) their wages. And there is no sin for you in what you both agree after the requirement...”(Qur’an 4:24)

Pleasure and enjoying mentioned here do not necessarily restrict to physical aspects. They do cover the spiritual aspects as well.

2- Tranquillity

Allah, to whom belong Might and Majesty, said:

"And among His great Signs is that He created for you mates from among yourselves so that you get tranquillity by them and He has put love and mercy between your (hearts); verily in that are Signs for those who reflect.”(Qur’an 30:21)

The goals for marriage mentioned in the above verse are: achieving spiritual stability, social and psychological tranquillity, and love and mercy to each other. These goals can be attained by both permanent and temporary marriages.

3- Providing an alternative way to avoid the sin of fornication

"Successful indeed are the believers... those who abstain from sex, except with those joined to them in the marriage bond or with the slave girls whom they rightfully possess for (in their case) they are free from blame. But those who go beyond that are transgressors.”(Qur’an 23:1-7)

The traditions of the Prophet (S) provide other reasons for marriage, one of which is:

4- Protecting one’s religion

The Messenger of Allah said: "The one who gets married earns half/(one-third) of his religion, and therefore, he should fear God for the other half/(two third)."

Temporary marriage has safeguarded many good believers (both brothers and sisters), and has protected them from falling into the hands of evil and sin, and has persevered their faith and religion.

Also "spreading Islam”could be another goal for marriage. In this case, however, the temporary marriage is less risky than the permanent marriage. And there are many more reasons and goals for marriage.

Mut’a versus Alcohol

To justify the practice of Mut’a at the time of the Prophet (S), some people assert that similar to the way that Allah prohibited Alcohol gradually, Mut’a was allowed but it was forbidden gradually before the demise of the Prophet.

Other than the fact that many companions and their disciples (see part III for the list of their names) were promoting Mut’a long after the demise of the Prophet, which clearly contradicts above proposal, we should say that there is no similarity between the case of Alcohol and Mut’a. Alcohol was known before Islam for many centuries and Islam did not legislate nor legitimized it. This is while Mut’a with the Islamic regulations surrounding it was not known before Islam, and Islam legitimized it and defined its rules.

The Prophet never promoted to drink Alcohol from the beginning of his mission to its end, but he promoted Mut’a. (See the traditions quoted from Sahih Muslim in Part IV which state that the Prophet ordered his companions to practice Mut’a). Similarly, Allah never promoted or legalized drinking Alcohol in Qur’an but HE promoted and legalized both types of Mut’a in Qur’an in two different verses. As I mentioned many Sunni commentators confirmed that the verse 4:24 is revealed for the Mut’a of women. (As for the Mut’a of Pilgrimage, there is another verse which specifies that type of Mut’a).

The course that Islam took for banning Alcohol, was to order at the beginning that "Do not be drunk when you are praying". This does not imply that Islam promoted drinking at any other time, rather it kept silent on the issue while the Prophet was discouraging people not to drink at any other time. Allah never sent a verse to say "You can drink alcohol when you do not pray."

In fact the abrogated verses and the abrogating verses of Qur’an do not contradict each other, rather the abrogating verse gives a more restraint law than the abrogated verse. Moreover, there exists NO abrogating verse in Qur’an to abrogate the verse about Mut’a (temporary marriage), and there is NO declaration from the Prophet concerning the abrogation of the verse related to Mut’a.

For the case of alcohol, we can see a clear and indisputable trend in Qur’an starting from not allowing the believers to pray while they are drunk, and completing with very clear verse that getting involved in such actions is strictly prohibited. Such prohibition about temporary marriage does not exist in Qur’an, however.

Prohibition of Illegal Sex

Some people claimed that adultery was common among the companions, till close to the end of the Prophet’s life time where it was prohibited by the Prophet. These people have no shame to call the companions who they adore, as fornicators. Perhaps they do it similar to what Jews attribute such shameful thing to their own prophets, mainly to justify what they themselves do. They say since our Prophets committed such grave sins, it is going to be all right for us as well, and God will forgive!

NO prophet of God ever promoted to commit adultery or established prostitution; then do these people expect that the master of all the prophets does that? Were his companions worse than the people of Lot so that they would need to do adultery for a period of time? Even Prophet Lot did not allow such shameful thing for his people.

Moreover, the Prophet never legitimized a wrong thing to achieve a goal (like spreading Islam by expedition). In other words, the Prophet never allowed fornication to keep his companions in good mood (!!) in order to fight better for Islam! The goal does not justify the means, and this is a basic teaching of Islam.

It is hilarious and rather insulting to believe that at any time the Prophet (S) had ordered his companions to get drunk, or to murder, or to rape, or to gamble, or to commit fornication because of necessity"!

These people even do not know that fornication was prohibited by the Prophet (S) in Mecca, and before his migration to Medina. For instance, let us look at the following verses:

"Successful indeed are the believers... those who abstain from sex, except with those joined to them in the marriage bond or the captives whom their right hands possess for (in their case) they are free from blame. But those who go beyond that are transgressors.”(Qur’an 23:1-7)

and also:

"And those who guard their private parts, except with their wives or the slave girls who rightfully possess for (in their case) they are free from blame. But those who go beyond that are transgressors.”(Qur’an 70:29-31)

The above verses clearly state that sex is only permitted either by marriage or through bondwoman whom one may rightfully possesses. If the above verses in the Chapter of Believers (Ch 23) and the chapter of al-Ma’arij (Ch 70) would have been revealed after the verse 4:24 (which is about Mut’a), then one could say the verse 4:24 might have been abrogated by the above verses.

Surprisingly enough, all Muslims agree that the above verses in the chapter of Believers (Ch 23) and the chapter of al-Ma’arij (Ch 70) were revealed in Mecca, long before the migration of the Prophet (S).

Therefore fornication was, indeed, prohibited in Mecca in the early advent of Islam. This is while all Islamic schools agree that the verse of 4:24 (verse of temporary marriage) was revealed in Medina. Also Shi’a and Sunni unanimously acknowledge that the Prophet (S) legitimized Mut’a after migration to Medina, and the companions started practicing it.

This, in fact, proves that Mut’a is a legitimate type of marriage, and man and woman are real husband and wife, otherwise the Prophet would have gone against the Meccan-revealed-verse in the Chapter of believers which restricted sex only through marriage or bondwomen. The Prophet does not go against the previously revealed verse of Qur’an when they are not abrogated. Thus if he permitted Mut’a later in Medina, it should comply with the previously revealed verse in Mecca including the above two verses mentioned. The conclusion is that Mut’a is a legitimate type of marriage, and was legitimized long after the prohibition of fornication and after limiting sexual relation only to marriage and bondwomen.

Again some Sunni brothers, to provide an excuse for the practice of Mut’a by the companions, said that among the companions were some who were weak in faith. The weak ones feared that they would be tempted to commit the sin of fornication, a major sin and an evil course, and thus the Prophet allowed them to practice Mut’a.

These brothers unwittingly acknowledge the fact that not all the companions were strong in their faith. This is really a step forward. Sometimes in order to justify something, people have to compromise on their beliefs. Surprisingly enough, the Shi’a also believe in the same thing.

If the Shi’a follow ‘Ali (as) to the exclusion of all other companions, it does not mean that the rest were unbelievers. It rather means the rest were not as qualified as him in their knowledge and their faith. However fornication was prohibited and sex was limited to marriage before even the constitution of Mut’a, and Allah does not compromise on what He had established already no matter what the companions feel about it.

One side comment here is that, according to the Shi’a Jurisprudence, masturbation is absolutely forbidden, due to the above mentioned verses where Allah limited the sexual gratification to marriage and slave-girls. Sunnis also consider masturbation to be forbidden, but some of them say if one falls into sin of fornication, then he may resort to masturbation since it is a lesser evil. Actually, such idea has no support in Qur’an or the Sunnah of the Prophet (S).

However, this Sunni opinion that masturbation is a lesser evil than fornication, gives another proof that the above mentioned excuse for the permission of temporary marriage for the companions is absurd. If masturbation is a lesser evil, then why the Prophet didn’t order his companions to masturbate instead of contracting temporary marriage?!! This action of the Prophet (S) proves that if one is in danger of fornication, he should contract temporary marriage and avoid masturbation.

Temporary marriage was one of Islam’s new ideas and solutions for the problems mankind presented by the last Prophet God for all the generations to come. It aimed at purifying this nation to make it the best, cleansed from any crimes, impurities and weird behavior, and to make it strong in its social structure.

But this nation was not successful in protecting this type of marriage and respecting its rules and reviving its legality. Instead, it was treated with false traditions and ignorant complications. This consequently invited various types of sickness, corruption, and adultery in Muslim nations which can be observed today.

More Side Comments On Mut’a

A Sunni brother mentioned that Ibn Abbas permitted temporary marriage under necessity. This is true. As we pointed out before, al-Bukhari mentioned:

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

The last sentence of the tradition is a little confusing however. The reason is: How can women be scarce and yet we find one for the temporary marriage?! If women are scarce, they are scarce for both types of marriage! On the other hand, if women are available for temporary marriage, then they are not scarce any more!

So, granted that the last phrase in the above tradition is genuine, then the freed slave of Abbas meant that if the qualified women for permanent marriage are scarce, then one may resort to temporary marriage till such time when he finds a qualified permanent partner, based on the above verdict of Ibn Abbas (and some other companions). But for the cases such as western countries where a Muslim can not easily find a qualified spouse for long term marriage, and he/she is under pressure, then the only chance for him/her is temporary marriage.

Even in Muslim countries, if a man/woman is not sure about the qualification of his proposed wife/husband, he/she may engage in temporary marriage for sometime before his/her official permanent marriage. In this period he/she will realize if the other partner is qualified for a long-term relationship. The other suitable case for temporary marriage is when a boy can not afford the expenses of a permanent wife which brings many financial responsibilities.

A Sunni contributor mentioned that Ibn Abbas probably meant when Muslim woman is scarce one may practice temporary marriage with women from the People of the Book.

Although the above tradition does not specify the religion of women, this brother believes that Mut’a marriage with the people of Book is permitted when Muslim woman are not available. I believe this is also a step forward!

Even we accept that the tradition wants to say what this brother said, then there still exists the very same contradiction. All Muslims unanimously agree that permanent marriage with the People of the Book is allowed. If it is allowed, then again in that case women are not scarce!!! If Christian girls are not scarce, then they are available for both types of marriage. And the same argument comes in again. Is the tradition saying that Sunnis can commit the sin of fornication with Christian girls when Muslim women are scarce? Thus we ought to agree that temporary marriage is not fornication otherwise Ibn Abbas would not have dared to allow it even with the girls from the People of the Book.

Moreover, the above tradition clearly states that Ibn Abbas allowed temporary marriage under some conditions. This can be inferred without need of any interpretation. Now, my question is that do you believe what Sunnis acknowledge concerning that Ibn Abbas was a highly respected companion and the interpreter of Qur’an? If yes, then you should obey him in this issue also. Or, at least, you can not object a Muslim if he chooses to follow Ibn Abbas and other companions who had the same idea in this issue.

A Wahhabi mentioned if Shi’a really follow ‘Ali, then Sahih al-Bukhari and Sahih Muslim both have a tradition from him on the prohibition of Mut’a!

We have discussed already about this tradition which has contradiction in it and the Sunni scholars have rated it Mufrad. Moreover, we do not consider Sahih al-Bukhari (or Sahih Muslim) to be all-authentic. It is the work of man, and is not revealed by God to al-Bukhari. Neither him nor those who conveyed the traditions to him were infallible, and they made some or many mistakes. (Unless Wahhabis want to claim that the companions and the narrators were infallible). Not to mention that there are many contradictions inside this book. As a result I do not consider ANY Hadith collection to be all-authentic.

I bet these Sunnis do not also believe in all the traditions inside Sahih al-Bukhari and Sahih Muslim. If they believe in all of them then they have found many controversy on this very subject among the companions. The traditions inside these two books say that some companions continued to believe that temporary Marriage is Halaal after the demise of the Prophet and issued verdicts. Then, how can they say these books are all-authentic when they do not believe in those traditions I mentioned?

We should be naive to accept what al-Bukhari attributed to Imam ‘Ali (as) as genuine when other reports from Imam ‘Ali inside Sunni books say totally the opposite. We only accept those traditions in Sahih al-Bukhari which does not have contradiction with other Mutawatir traditions in side that book and other books. (The common traditions between Shi’a and Sunni are Mutawatir (frequent) since they have been narrated by both rival authorities.) This is exactly what we do with the Shi’i sources as well. If we find a tradition in the Shi’i sources which contradicts Qur’an or the established Sunnah of the Prophet, we just ignore it.

In Parts 6 through 8, we will discuss the regulations of Mut’a in detail, Insha Allah.