5: Temporary Marriage
All scholars of Islam believe that there was temporary marriage in the age of prophet of Islam (s.a.) for a period of time. A group say that in time of second leader and by him, and another group say that in time Prophet (s.a.) himself temporary marriage forbade, and all of us, followers of Ahl -e- Bait (a.s.), say that it has never been forbade and has remained (but under some conditions).
Minority of Ahl -e- Sonnat agree with us in this belief but most of them disagree with that and always bring this issue in discussion and animadvert us, while there is no place for animadversion, and it is a bright point for solving lots of social problems.
You will read the explanation of this issue in the next discussions.
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1- Necessities and Needs
Permanent marriage is not available for lots of people, especially young persons, because generally permanent marriage needs preliminaries, costs and responsibilities which many people are not prepare to accept them. For instance:
Lots of youths in their study period, especially in this age which period of study lengthened, cannot perform permanent marriage, because they have no job, no proper home and other costs and even they want to marry very simple, still condition are not available.
There are people who are married, but they have to be in long travels far from their homes, and sometimes when these travels got to long they come under the pressure of lack of sexual interests, neither they can brought their wives with themselves nor they have possibilities of permanent marriage in there.
There are people whose their wives have illness and cannot fulfill their sexual needs.
There are soldiers who are in long missions for defending their country far from their families and they are involved in sexual problems, and as we will see in the age of holy Prophet (s.a.) the same problem occurred for soldiers of Islam and this matter caused canonization of temporary marriage.
Sometimes during pregnancy and its special conditions, husband cannot have sexual relation with his wife and maybe he might be young and involved in sexual deprivation.
These social necessities and problems have always been and are not only for the age of holy Prophet (s.a.), but nowadays with these much of excitants and stimulants it has got more severe by the time.
Proposing to piety and abnegation of both is a good proposal, but it is not practical for some people and at least it seems like fantasy for a group.
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Misyar Marriage!
It is interesting that even deniers of temporary marriage (most of Sonni brothers) when came under the pressure of youths and other deprived groups of people, gradually agree to a kind of marriage, similar to temporary marriage, and named that “Misyar marriage”. Although they do not call this temporary marriage but practically it has no difference with temporary marriage; in the way that they allow the needed person to marry a women permanently while he has decided to go for divorce after a short time and he makes preconditions with her that she doesn’t have the right to ask for alimony, night bed share or heritage! It means that it is exactly similar to temporary marriage with just a little difference that in this marriage they separated by divorce but in temporary marriage it has been done when the time has ended or by betaking the rest of period, and they both specify a limited time for marriage.
And it is more interesting that, recently some youths of Ahl -e- Sonnat who were involved in marriage problem and were under pressure, asked us through internet that we want to follow Shi’aa in issue of temporary marriage, is it possible?
We say: There is no problem to do that!
Those who deny temporary marriage, but go for “Misyar Nikah”, in fact do not use the name of that but use that itself!
Yes, finally “necessities” force people to accept “realities” even if they do not call its name.
Therefore we conclude that those who insist on opposing temporary marriage, known or unknown, are smoothing the road for prostitution, unless propose its similar kind, meaning “Misyar marriage”, and because of that in cabbalas of Ahl -e- Bait (a.s.) we see: “If they did not oppose to Islamic temporary marriage, nobody would get unpurified by fornication”.
Also those who have disfeatured temporary marriage by misuse of it and used that for their sensualities, which has been canonized for real necessities and needs of deprived people, had smoothen the road for impurity of Islamic society by fornication, and are participated in sins of unpurified persons, because practically they prevent correct use of temporary marriage.
By the way, it is not possible that Islam which is a divine way of living according to human mettle and has foreseen all real needs of mankind, did not include temporary marriage in its canon plan, and as you will see later temporary marriage has been mentioned in holy Qur'an and expressions of Prophet (s.a.), as it was also in acts of a group of Sahaba, but some groups claim that it had been annulled and we will see again that they have no reliable proof for what they say.
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What is Temporary Marriage?
Some ignorant persons have introduced and are introducing such an ugly explanation for temporary marriage that made it something like “authenticating prostitution, insouciance and sexual freedom!!”
If this group were all from commons there was no problem, but unfortunately some persons who are amongst religious scholars of Sonni brothers, also ascribe these kinds of accusations. Surely severe sectarian fanaticism has not allowed them to read books of adherents of temporary marriage and maybe some of them have not read even a line from Shiite books in this issue and this is very regrettable.
Inevitably, we describe conditions of temporary marriage and its differences with permanent marriage clearly, as the divine last word in this issue for all:
Temporary marriage is similar to permanent marriage in most of conditions and orders:
Wife and husband should choose each other with complete satisfaction and authorization without any force.
The expression of marriage should contain the word “Nikah”, “Marriage” or “Mut’a” and other words are not acceptable.
If wife is virgin then permission of his father in mandatory, unless it is not necessary.
Length of marriage and amount of Mahr (marital mandatory gift given by groom to bride) should be specified exactly and if they forget to specify the length of marriage, then according to Fatwa of most of Faqihs the marriage transforms to permanent marriage (and this is the proof that quality of both marriages is the same and difference is only for the length which may be expressed or not), (Attention!).
End of period is taken as divorce and wife should wait specific time immediately after that for assuring of not being pregnant (if intercourse has been done).
The time for assuring of not being pregnant is 3 times menstruation for permanent marriage and 2 times menstruation for temporary marriage.
Progeny of temporary marriage are legitimate and have all rights of progeny of permanent marriage, without an exception, and inherit from father, mother and other relatives and there are no differences between these two groups of children about other rights.
Children of temporary marriage should be under sponsorship of their parents and alimony and all costs of them, like children of permanent marriage, should be paid.
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Maybe some people amazed by these expressions, they can be like this, because they have completely vulgar and incorrect mentality about temporary marriage and maybe they assume that as smuggle and semiformal and out of limits of law marriage and in one word something like fornication, while it is not like this at all.
Yes, there are differences between these two kinds of marriage about two associates (husband and wife). Primarily their responsibilities and commitments are less than permanent marriage, because purpose of temporary marriage has been ease of matter and nonexistence of impedimental restrictions, like:
In temporary marriage wife does not have the right for alimony and heritage, but some of Faqihs said that if she conditions for them, then husband should act according to that.
In temporary marriage wife is free to chose a job outside of the house and permission of husband is not mandatory for her until this does not disturb the rights of husband, but in permanent marriage it cannot be done without permission of husband.
It is not mandatory for husband to stay nights with his temporary wife.
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By noticing above explanations lots of questions, unfair judgments, misgivings and accusations will be answered, and incorrect mentalities about this sacred and wise Islamic ruling will be corrected; also this truth will be enlightened that temporary marriage has no relation with fornication and dishonored acts and those who compare these two, surely are ignorant persons who does not have any information about nature of temporary Nikah and its conditions.
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Abuses
Always abusing positive matters opens the mouths of detractors and gives pretext to cavilers for attacking positive acts and plans by referring to those abuses and hit their strikes to them.
Temporary marriage is one of clear samples of these issues.
Unfortunately some voluptuous persons have made temporary marriage, which has been canonized for solving social problems, as their plaything and have disfeatured it in front of ignorant people and have given pretext to oppositions to start criticizing this wise ruling.
But the question is that which ruling can be found that has never been abused and which valuable asset has remained without misusage of dishonest persons?!
If some day Qur'ans had put above spears to justify dominion of tyrants, does it mean that we should leave Qur'an aside?!
Or if some day a group of hypocrites built Zarar mosque and prophet of Islam (s.a.) ordered to destroy or burn that, does it mean we should abstain from mosque forever?
By the way we confess that some persons has abused this planned ruling, but it is not possible to close mosque for a non praying group and burn Kaiseriya for a handkerchief.
We should prevent voluptuous persons and plan correctly for temporary marriage.
Especially in our time, it is not possible to do this without exact and correct planning. It is necessary that a group of elites and experts compile a practical and applicable bylaw for this matter to prevent evils from that and express the fair feature of this wise ruling for preventing two groups: voluptuous group and despiteful caviler group.
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Temporary Marriage in Qur'an, Tradition and Common Consensus
In Qur'an temporary marriage has been mentioned with the title “Mut’a” in verse 24 of Nisa’ Sura: “You should pay the Mahr (marital mandatory gift given by groom to bride) of those women whom you marry temporarily (perform Mut’a)”.
The interesting point here is that in cabbalas quoted from Prophet (s.a.), the term Mut’a is in meaning of temporary marriage (and in the next discussions lots of these cabbalas will be cited).
Moreover in books of Shiite and Sonni Faqihs anywhere that it has been talked about temporary marriage the term “Mut’a” has been used and denying this is like denying self evident matters (also some expressions of Faqihs will be shown in next discussions).
Still, some people insist to interpret "استمتاع" (infinitive of the verb for performing Mut’a) in the verse in meaning of pleasuring and intercourse and they said that meaning of verse is when you enjoyed sexually from women then you should pay their Mahr.
This expression has two clear objections:
First:
Necessity of paying Mahr is because of marriage; it means that whenever marriage has performed wife can ask for all of her Mahr, even no intercourse or love play has happened (Yes, if a divorce happened before any intercourse then Mahr should paid in half). (Attention!)
Second:
As we said, the term “Mut’a” in common law of canon and words of Shiite and Sonni Faqihs and in cabbalas has been used in the meaning of temporary marriage which its evidences will be showed expanded.
Famous commentator the late Tabarsi in interpretation of this verse in “Majma’ Albayan” affirms that there are two opinions available in the verse, opinion of those who interpret "استمتاع" in meaning of pleasure and names a group of Sahaba or followers and suchlike, and opinion of those who say meaning of this verse refers to Mut’a Nikah and temporary marriage and knows that the opinion of Ibn Abbas Wassadi and Ibn Mas’ood and a group of followers. He says in continue: The second opinion is clear, because the term “Mut’a” and "استمتاع" is refers to temporary marriage in common law of canon; moreover necessity of paying Mahr to women is not upon pleasuring.
Ghartabi says in his interpretation: Purpose of this verse in demos opinion is that temporary Nikah which was available at the beginning of Islam.
Sayooti in interpretation of Dorr Almanthoor and Abuhayyan, Ibn Kathir and Tha’alabi have also pointed to this meaning in their interpretations.
It is certain among all scholars of Islam, from Shi’aa and Ahl -e- Sonnat, that temporary marriage was existed in the age of Prophet (s.a.), but lots of Sonni Faqihs believe that this ruling has been prohibited after that time, and there are contradictions for the time of prohibition that is noticeable; For instance as famous scholar Nawawi says in explanation of Sahih of Muslim:
Some persons say that in battle of Khaybar, first it had announced Halaal and then prohibited.
Only in Umra Alghaza it was Halaal.
In the day of conquering Mecca, first it had announced Halaal and then prohibited.
It prohibited in battle of Tabook (in ninth year after migration (Hijrat)).
Only in battle of Awtas (in eight year after Hijrat) it announced permitted.
It prohibited in Hajj Alvida’ (in tenth year after Hijrat).
And it is interesting that contradictory cabbalas have been cited in this matter, especially cabbalas for prohibition of Mut’a in battle of Khaybar and in Hajj Alvida’ are famous, and a group of Sonni Faqihs had bothered to conjunct and relate these cabbalas, but did not announce any proper solution.
And more interesting is the expression quoted from Shafeie, he says: “I know nothing which Allah made Halaal some day, and then Haraam, again Halaal and then Haraam except Mut’a!!”
While Ibn Hajr quotes from Soheili that prohibition of Mut’a in the day of Khaybar is the matter that none of historians and news tellers have quoted.
Another expression is that Mut’a was Halaal in the age of prophet of Allah (s.a.) and afterward Omar forbade that, as we read in Sahih of Muslim which is one of most reliable Hadith books of Sonni brothers: “Ibn Abi Nazra (Nadhra)” says: I was with Jaber ibn Abdullah Ansari, he said: Ibn Abbas and Ibn Zubayr arguing about Mut’a of women and Mut’a of Hajj (Tamattu’ Hajj for separation between Umra and Hajj), (what do you say?) he said: We performed both in the time of prophet of Allah (s.a.) until Omar forbade them and we abstained from them!”
According to this explicit expression which is in Sahih of Muslim, is it possible to say that Mut’a had prohibited in the age of prophet of Allah (s.a.)?
Who Prohibited Mut’a?
Expression which we quoted above from Jaber ibn Abdullah refers to a famous Hadith that lots of Hadith tellers, commentators and Faqihs of Ahl -e- Sonnat have quoted from second leader in their books. Text of Hadith is: “There were two kinds of Mut’a lawful and allowed in the age of prophet of Allah (s.a.) but I forbid them: Tamattu Hajj and temporary marriage”.
And in some other versions it has been added with: “and I will punish for doing them”.
Meaning of Mut’a for Hajj is that, first Hajji performs Umra and them leave the prohibitions (Ihram) and after a while or a long time return to prohibitions for Hajj.
This Hadith is one of famous Ahadith, which has been quoted with a little difference from Omar that he said above the pulpit among people. We mention seven resources from resources of Hadith, Fiqh and interpretation of Ahl -e- Sonnat:
Musnad of Ahmad, vol. 3, page 325.
Sunan of Beihaghi, vol. 7, page 206.
Almabsoot by Sarakhsi, vol. 4, page 27.
Almughani by Ibn Qudama, vol. 7, page 571.
Almuhalla by Ibn Hazm, vol. 7, page 107.
Kanz Alummal, vol. 16, page 521.
Great interpretation of Fakhr Raazi, vol. 10, page 52.
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This Hadith clears several issues:
A) Acceptability (being Halaal) of Mut’a during the time of first leader
Mut’a (temporary marriage) was permitted during entire life of Prophet (s.a.) and even the age of first leader and second leader forbade that!
B) Ijtihad against Nass (explicit words of Prophet and Qur'an)
Caliph let himself to legislate against explicit words of Prophet (s.a.), while Qur'an says: “Take all that prophet brought to you and abstain from all that he prohibited.”
Does anyone except Prophet (s.a.) have the right to make changes in divine orders?
Can anyone say that prophet of Allah did this and I do not act like that?
Is Ijtihad allowed against Nass which are taken from Allah?
The truth is leaving and prohibiting the order of prophet of Allah (s.a.) with this effrontery is amazing.
Moreover if the way for using Ijtihad against Nass opens, then why others do not act the same? Is Ijtihad for only one person exclusively and others are not Mujtahid? This is a serious matter, because by opening the way for Ijtihad against Nass none of divine orders have immunity, and a huge chaos will happen in eternal orders of Islam and actually all orders of Islam will be in danger.
C) The Reason for Disagreement of Omar
Why Omar opposed these two orders? He assumed about Tamattu Hajj that Muslims who performing Hajj should finish Hajj and Umra and then leave prohibitions, and then they can make love with their spouses for instance, and this is not good and is not compatible with the soul of Hajj to perform Tamattu Umra and leave prohibitions for some days and be free!
While this is not a correct assumption, because Hajj and Umra are two different programs which it is possible to be separation between them even for a month. Muslims go to Mecca and perform Umra in Shawwal or Zulqa’da and then they are free until eighth of Zulhijja and after that enter prohibitions again and go to Arafat. What problem does it have that he showed this lots of sensitiveness to the matter.
But about Mut’a and temporary marriage according to some persons they had assumed that if temporary marriage allowed then recognizing marriage from fornication will be difficult, because if we see any man and woman accompanying each other, they might claim that they are married temporarily! And fornication expands!
This assumption is more baseless than the first one, because conversely, forbidding Mut’a marriage caused fornication to expand, as we said before there are lots of youths that cannot perform permanent marriage or those who are away from their wives and are hesitating to perform temporary marriage or fornication. It is certain that preventing from temporary marriage which is done by correct planning, put them inside the sinful and impure land of fornication and adultery.
And because of this, it is quoted in a famous Hadith from Ali (a.s.) that: “If Omar did not forbid Mut’a nobody would perform fornication except impious persons”.
D) Scuffle for “time of prohibition”
It is well recognized from above cabbala which a large group of Hadith tellers, commentators and Faqihs of Ahl -e- Sonnat have quoted that forbidding Mut’a has done in the time of Omar not the time of Prophet (s.a.) and there are lots of other cabbalas in those resources that confirms this matter, for instance:
Tirmizi, the famous Hadith teller, says that a man from Shaam asked Abdullah ibn Omar about Mut’a of women, he said: It is Halaal. Questioner said: Your father Omar forbade that, Abdullah said: If my father forbids that and it was tradition of prophet of Allah (s.a.), then shall we leave the tradition of his holiness and follow the words of my father?!”
We read in another Hadith (in Sahih of Muslim) from Jaber ibn Abdullah that says we performed Mut’a with a few amount of Mahr (marital mandatory gift given by groom to bride) from flour and date for some days and it continued in the age of Abu Bakr until Omar forbade that because the story of “Amr ibn Horaith”.
It is available in another Hadith in the same book that Ibn Abbas and Ibn Zubayr had an argument about Mut’a of women and Mut’a of Hajj (and asked Jaber ibn Abdullah for judgment), Jaber said: We performed both of them in the time of prophet (s.a.), then Omar forbade them and we abstained!
Ibn Abbas who had been named as “scientist and scholar of nation of Islam” was also one of adherents of not forbidding Mut’a order in the time of prophet of Allah (s.a.), and proof of that is the argument which happened between him and Abdullah ibn Zubayr that is quoted in Sahih of Muslim:
Abdullah ibn Zubayr had resided in Mecca. One day (among a group of people which ibn Abbas was between them) said: Some persons whom Allah has blinded their heart, like their eyes, issuing Fatwa for permission of Mut’a (he meant ibn Abbas who was blinded at that time). Ibn Abbas heard this expression and said: You are a foppish ignorant person; I swear my life that we did this in the age of prophet of Allah (s.a.).
Ibn Zubayr (without attention to the name of prophet of Allah) said: You experiment that and I swear the God to punish you with stones!
It means that he answered logic with the force and threatening!
Maybe this was when Abdullah ibn Zubayr had been empowered in Mecca and permit himself to talk arrogant like this with a scientist like Ibn Abbas, while ibn Abbas had the age of his father and was not comparable in science with him, and assuming that he had the knowledge of ibn Abbas he did not have the right to talk like this, because if someone acts according to his fatwa in these orders even it is incorrect, then it is “uncertain intercourse” and we know that this act does not have punishment and threatening to punishment by stones is a meaningless and ignorantly expression.
Although this ugly positioning is not unlikely for an arrogant and ignorant young person like Abdullah ibn Zubayr!
It is interesting that Ragheb quotes in the book Mohazerat … that son of Abdullah ibn Zubayr asked ibn Abbas with admonishing tone: Why do you know Mut’a Halaal. Ibn Abbas said: Ask you mother! He went to his mother and his mother told him: “You were born when I was in Mut’a with your father!”
We read in Musnad of Ahmad that “Ibn Hassin” says: The verse of Mut’a descended and we did act to that and no verse descended forbidding that until Prophet (s.a.) departed.
These are samples of cabbalas that explicitly express the nonexistence of prohibiting Mut’a.
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They have quoted other cabbalas in exchange of these cabbalas which show that this order had been annulled at the age of prophet of Allah (s.a.), but if these cabbalas were in harmony, unfortunately any of them mentions a time other than the others:
In some of these cabbalas it has been mentioned that order of prohibition of Mut’a has issued in the day of battle of Khaybar (in seventh year after migration (Hijrat)).
We read in some other cabbalas: Prophet of Allah (s.a.) permitted to perform Mut’a in the year of conquer (Aam Alfath) (the year of conquering Mecca, eight year after Hijrat) but after a while in the same year prohibited that.
It has been mentioned in some others that in battle of Awtas (after the conquer of Mecca) in Hawazan region (near Mecca), Prophet (s.a.) permitted Mut’a for three days and afterward forbade that.
But if we have patience to study several cites in this issue, it goes far more than this, because famous Sonni Faqih “Nawawi” cite six quote in “explanation of Sahih of Muslim” in the issue which any of them relates to a cabbala:
Mut’a had been accepted (were Halaal) in battle of Khaybar and then (after some days) prohibited.
It had been accepted in Umra Alghaza, (and then prohibited).
In the day of conquer of Mecca it had been accepted and then prohibited.
Prophet of Allah (s.a.) forbade that in battle of Tabook.
It had been accepted in battle of Hawazan (in Awtas region).
In Hajj Alvida’ in the last year of life of Prophet (s.a.) it had been accepted Halaal.
And the most amazing of all is expression of Shafeie who says: “I know nothing that Allah made Halaal some day, and then Haraam, again Halaal and then Haraam except Mut’a!!”
Any scholar believes that these antithetical cabbalas are counterfeit and knows that it is the result of a political act.
The Best Solution
Indeed, these different and opposite cites force anyone to study seriously about the matter, what happened that there are this much of antithetical cabbalas in this issue and why any Hadith teller or Faqih has chosen his own way?
How can conjunct and relate these opposite cabbalas?
Is this much oppositions and differences the reason for existence of a serious political issue in here which forced some of Hadith forgers to forge cabbalas and abuse the names of Sahaba and friends of Prophet (s.a.) and impute them that they had quoted from his holiness so and so?
That political issue was nothing other than an expression which second leader said which was: “Two things were Halaal in the age of prophet of Allah (s.a.) and I forbid them, which one of them is Mut’a of women.”
This expression had geat negative effect that if people of nation or leaders can transform orders of Islam explicitly, then here is no reason that it will remain especially for second leader; others also have the right to use Ijtihad against Nass. In this way a great chaos occurs in orders of Islam, obligations and prohibitions and by the time nothing will remain from Islam.
Inevitably, a group started working for removing its negative effects and said that forbidding these two had happened in the age of Prophet (s.a.). Anyone made a Hadith and imputed that to respected Sahaba of Prophet (s.a.), and because none of them was correct, they became antithetical!!
How it is possible that this much of antithetical cabbalas can be found and even some of Faqihs for conjunction of them say that Mut’a was permitted some time and after that prohibited and then accepted and then prohibited! Are divine orders playthings!
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Moreover, surely acceptability of Mut’a in the age of Prophet (s.a.) has been due to a necessity and this necessity will be existed in other ages and times, especially it is more severe in our time for some youths or travelers in western countries in their long journeys, therefore why it should be Haraam?
In those days, there were not this much of excitants and stimulants, unveiled or semi veiled women, pornographic movies and programs, television and internet and satellites, and orgies and sexual magazines that conquer young persons, had no meaning at all.
Had Mut’a accepted in that age as a necessity and then prohibited forever? Is this expression acceptable?
If we accept all these and assume that most of Faqihs of Islam consider that as Haraam, but a group have accepted and allowed this issue and the matter has become in dissension, therefore it is not deserved that adherents of acceptably of Mut’a accuse their oppositions to inconstancy to religious orders or adherents of prohibition of Mut’a, absit omen, accuse adherents of acceptability of that to accepting fornication, how can they answer Allah in the Judgment day?! Therefore it is at most a dissension in Ijtihad.
Fakhr Raazi says in his interpretation with that especial passion of him in these issues: “Most of nation believe in prohibition of order, but a group say that this is still acceptable”
, it means that this is a matter of dissension.
Here we finish the issue of temporary matter and expect that all people study and judge this issue one more time, without any prejudices or improper accusations. Surely, they will be certain that Mut’a is a divine order and with its condition, is the solution for lots of problems.
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Author: Ayatullah Makarim Shirazi
