Section Two: Temporary Marriage
What is temporary marriage?
In a temporary marriage a free and wise woman concludes a marriage contract with a Muslim man on a specified dowry and time and the man accepts the contract. This is called temporary or mut'a marriage. The conditions necessary for this kind of marriage are the same as those needed for permanent marriage. Among these conditions is that there should not be any obstacle (on the way of this marriage) whether by blood or by marriage.
In this kind of marriage like the permanent marriage, it is permissible to give power of attorney to a concluder of marriage. The child they will have will be legitimate belonging to its father. All the consequences of permanent marriage including mahramiyat (intimacy) and iddah (a period during which a divorced or widowed woman many not be married to another man) can be followed through temporal marriage.
The difference between these two kinds of marriages is that in temporary marriage separation can take place with the expiration of the time fixed or the exemption of the remaining time without applying divorce.
The idda period in this kind of marriage is two menstrual periods for women who have reached menopause. This is to say if the woman in question has goat her period. Otherwise idda period will be 45 days.
Among other conditions of this kind of marriage is that man and woman do not inherit from each other and man is not supposed to sponsor her. The fact that temporary marriage has its specific rules and regulations not available in permanent marriage does mean that there are two kinds of marriages in Islam. It does not imply either that temporary marriage is like marriage of bond women, different from permanent marriage. The difference between the two is limited to a few legal words.
Arguments for temporary marriage
The Holy Quran, prophetic tradition and the consensus among Shia and Sunni scholars signify that this kind of marriage was legitimate and current in Islam. Here are the arguments for this kind of marriage.
Temporary marriage and Quranic Argument for it
Allah says:
فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَة
Then as to those whom you profit by give them their dowries as appointed
A tradition tells us that according to a group of companions and their followers who were a reference in reciting the Holy Quran and comprehending its verses, the said verse is about temporary marriage. It is said that they used to recite it as under:
فما استمتعتم به منهن إلی أجل
Then as to those whom you profit by until an appointed time .
They used to record this verse as mentioned above in their copies of the Holy Quran. According to this reading, the Holy Quran is very clear about temporary marriage. Among those who considered this verse as verifying
temporary marriage are Abdullah bin Abbas, Ubai bin Ka'ab, Abdullah bin Masud, Jabir bin Abdullah, Abu Sa'aeed Khidri, Sa'aeed bin Jabir, Mujahi, Suddi and Qutada.
Moreover, traditionists have quoted Ibn Abbas as saying three times: By Allah, Allah has revealed this verse in that way.
Above all, Qurtubi mentions that according to all scholars this verse is about temporary marriage. According to him, all have said that this verse is about temporary marriage that was current at the early period of Islam.
Temporary marriage in tradition
There are several traditions concerning temporary marriage but we will suffice to narrating only one tradition that is reported from Abdullah bin Mas'ud by Bukhari, Muslim, Ahmad bin Hanbal and others:
We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said (to the Prophet). "Shall we castrate ourselves?" But the Prophet forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment, and then he recited:
یا ایها الذین آمنوا لا تحرموا طیبات ما احل الله لکم و لا تعتدوا ان الله لا یحب المعتدین
"O you who believe! Do not make unlawful the good things which Allah has made lawful for you."
It is however obvious why Ibn Mas'ud has recited this verse after narrating the said tradition. He did so because he was critical of the man (Umar) who forbade it.
Temporary marriage and consensus
Muslims unanimously agree that temporary marriage is a kind of marriage. After mentioning some specifications of temporary marriage he mentions:
Previous scholars did not differ that temporary marriage is a kind of marriage in which there is no inheritance and in which separation takes place after the expiration of the duration of contract needing thus no divorce.
Qurtubi then quotes Ibn Atiyya on the specifications of this contract and its rulings.
Tabari also quotes Saddi as saying, "In this kind of marriage, man marries a woman on a pre-specified dowry and time "
In hisal-Tamhid
, Ibn Abd al-Barr, says, "Scholars are unanimous that in temporary marriage there is no need for witness or the permission of the guardian of the woman. Similarly all agree that this kind of marriage is temporary in which there is no exchange of inheritance and in which separation takes place with the termination of the duration of contract – not with divorce."
Umar forbids temporary marriage
(Like mut'a of hajj), temporary marriage was lawful and current during the time of the Holy Prophet (s), Abu Bakr and even for some while at the time of Umar, until Umar forbade it saying, "Two pleasures were lawful and current at the time of the Messenger of Allah (s) but I forbade both of them
and punish those who do them. They are pleasure (mut'a) of hajj and temporary (mut'a) marriage.
This word of Umar has been mentioned in tradition sources as well as in commentary and theological books. Among the books that contain it, are:Tafsir Razi, Sharh Ma'ani al-Athar, Bayhaqi's al-Sunan al-Kubra, Bidaya al-Mujtaheed, al-Muhallah, Jassas's Ahkam al-Quran, Ash'arite Qushji's Sharh al-Tajrid, Tafsir Qurtubi, al-Mughni, Zad al-Mi'ad fi Huda Khair al-Ibad, al-Durr al-Mansur, Kanz al-Ummal
andWafiyat al-A'ayan
.
Some historians and traditionists such as Sarakhsi have mentioned that this tradition is authentic. Others like Ibn Qayyim Jawzi have testified to the authenticity of this tradition.
In hisal-Muhadirat,
Raghib Isfahani says: Addressing a sheikh in Basra, Yahya bin Aktham said, "Whom do you follow in permitting mut'a?" "I follow Umar", he replied. "How do you follow him while he was among the strictest opponents of mut'a?", he asked. "This is because according to an authentic tradition, he mounted pulpit and said: Allah and His Messenger (s) made two mut'as lawful to you, but I forbade them and punish those who do them. I accept his testimony that this practice was lawful but I do not accept his verdict", he answered.
According to some traditions, Umar forbade the said two mut'as plus with 'Hayya ala khair al-'Amal' chapter in the azan and iqama of daily prayers.
In accordance with a tradition, 'Ata quotes Jabir bin Abdullah Ansari as saying:
We used to practice temporary marriage during the time of the Holy Prophet until Amr bin Huraith temporarily married a woman (whose name Jabir mentioned but I forgot) towards the end of Umar's caliphate. She became pregnant. When Umar learnt about it he summoned her and asked: "Is it true that you have temporarily married?" "Yes", she replied. "Who is your witness?" Asked Umar. According to Ata she introduced her mother or guardian as her witness. "Is there anyone else who stands witness?", Umar asked.
It was after this happening that Umar forbade temporary marriage.
There are other similar traditions in accordance with some of which Umar threatens her that he would stone her to death.
According to another tradition, a Syrian man came to Medina and married a woman there temporarily. He stayed with her for sometimes until the period ended. When Umar learnt about it, he summoned him and asked, "Why did you marry her temporarily?" "We did so during the lifetime of the Holy Prophet (s) but he did not prohibit us from doing it until he died. Same was the case with Abu Bakr. He did not prevent us from doing it until he died and you came to power. We have not heard that you have forbidden temporary marriage", he answered. "I swear by the One in whose hand is my life, if I had forbidden temporary marriage before I would have stoned you to death", Umar said.
As it is plain, all traditions attribute the prohibition of temporary marriage to Umar, using these wordings: "When Umar came to power he
prohibited two mut'as", "Umar forbade it", "A man (Umar) issued a self-fabricated verdict" etc.
Thus if it were the Holy Prophet (s) who prohibited it no one would attribute the prohibition or its ill consequences to Umar.
Imam Ali (s) is quoted as having said: لولا ان عمر نهی عن المتعه ما زنی الا شقی
If Umar did not prohibit temporary marriage no one would commit adultery except a vicious person.
Ibn Abbas is also quoted as having said: "Temporary marriage was nothing but Allah's blessing to His servants. If Umar did not prohibit temporary marriage no one would commit adultery except a vicious person."
Therefore the first one who prohibited temporary marriage was Umar bin Khattab.
It is Umar himself who says that two mut'as (pleasure of hajj and temporary marriage), were legal during the time of the Holy Prophet (s) but he forbids them.
He does not talk about the Holy Prophet's prohibition. Instead, he attributes it to himself. He considers punishment for outlaws. When the Syrian man said that until then he had received no verdict from him forbidding temporary marriage, he did not refute his words. He instead admitted that until then temporary marriage was legal.
The tradition also contains the term 'فلم تحدث' which means 'you did not invent'. The application of the term 'invent' implies that Umar's verdict was an innovation in religious matters.
Great companions and prohibition of temporary marriage
Albeit some companions such as Abdullah bin Zubair have followed Umar in prohibiting temporary marriage great companions, following the Holy Quran and the Holy Prophet's tradition, believed that it was lawful. Forerunners among great companions were Imam Ali (s) and other infallibles.
Expressing his point of view in this regard, Ibn Hazm says, "Some great companions continued to consider temporary marriage as lawful after the demise of the Holy Prophet (s). included among them are Asma, daughter of Abu Bakr, Jabir bin Abdullah Ansari, Ibn Mas'ud, Ibn Abbas, Mu'awiya bin Abi Sufyan, Amr bin Huraith, Abu Sa'aeed Khidri, Salma and Ma'abad, children of Half".
Jabir bin Abdullah Ansari has quoted all companions as saying that temporary marriage was lawful at the time of the Holy Prophet (s), Abu Bakr and the early period of Umar's caliphate. From among the followers of companions (Tabi'aeen), it was Tawoos, 'Ata, Sa'aeed bin Jubair and other jurists of Mecca who considered temporary marriage as lawful.
Ibn Hazam, however does not mention names such as Imran bin Husain and other companions. Qurtubi has also mentioned these names. Quoting Ibn Abd al-Barr, he says, "All the followers of Ibn Abbas from the people of
Macca and Yemen have followed him in considering temporary marriage as lawful".
Abd al-Malik bin Abd Aziz (d. 149 AH), known as Ibn Jarih, a prominent jurist in Mecca, has considered temporary marriage as lawful. He is a great jurist, a well-known follower of companions, a reliable traditionist and one of the narrators from whom Bukhari and Muslim have narrated. It is said that he contracted temporary marriage with about 90 women.
Ibn Khllakan says that during his caliphate, Ma'amoon proclaimed temporary marriage as legal. Muhammad bin Mansoor and Abu al-Aina (from among the jurists of his court) paid him a visit and tried to change his view, but Ma'amoon who was brushing his teeth, got angry, mentioning the word of Umar, "Two pleasures were lawful at the time of the Messenger of Allah and Abu Bakr but I forbid them" [and saying,] "O cross-eyed! How can you prohibit what the Messenger of Allah (s) and Abu Bakr have done?"
Muhammad bin Mansur wanted to say something to Ma'amoon, but Abu al-'Aina told him quietly, "What would you like to say to a person who says such things so explicitly about Umar?"
At this moment, Yahya bin Aktam entered. He met Ma'amoon behind closed doors. He talked to him about the dangers of sedition (that his theory may cause) and thus was able to change his view.
A defense of Umar
We will now deal with the words of those who trouble themselves in vain in order to defend Umar and justify this action of his. This is because the legality of temporary marriages is indisputable and is among the self-evident truths of Islam from the perspective of Quran and Prophet's tradition. Despite all these the second caliph tries to resist it.
Three distinctive opinions
Those who tried to justify Umar's verdict are roughly speaking of three categories:
One
: The Messenger of Allah (s) abrogated the legality of temporary marriage, but no one other than Umar was aware of it.
After relating some justifications for Umar's action and denying them, Fakhar Razi relates the above mentioned opinion, saying, " The only option left is to say, when Umar said that temporary marriage was lawful at the time of the Holy Prophet (s) but he prohibited it, he meant that it was proven to him that the Holy Prophet had forbidden it".
After mentioning this word of Umar, Nawavi says that those who contracted temporary marriage at the time of Abu Bakr and Umar were not aware of its abrogation.
Two
: The Holy Prophet (s) himself prohibited temporary marriage.
Three
: Umar prohibited temporary marriage.
Ibn Qayyim Jawzi has related the second and third opinions.
Those who accept the second view and say that it was the Prophet himself who prohibited temporary marriage are highly divided on when the Holy Prophet (s) prohibited it. They fall into seven divisions
which say that abrogation happened:
1. at the battle of Khaibar. This view is supported by Shafi'ai.
2. at the time of performing umra hajj after the conquest of Mecca.
3. in the year of the conquest of Mecca. Ibn 'Aiyna and others followed it.
4. at the battle of Awtas.
5. at the battle of Hunayn.
Commenting on this view, Ibn Qayyim says that since the battle of Hunain is connected to conquest of Mecca, therefore this view can be reduced to the second view.
We will deal with this opinion later.
6. in the year in which the battle of Tabuk occurred. We will talk about it later.
7. in the year in which Farewell Hajj happened. Ibn Qayyim is of the view that this opinion is the illusion of some reporters. In their imaginary journey, they covered the distance between the conquest of Mecca and the Farewell Hajj. This is because imaginary journeys from one point to another, from one time to another or from one event to another is something that frequently happens for narrators!
In short, the supporters of the third opinion, are of the view that Umar prohibited temporary marriage but the Holy Prophet ordered his community to follow his tradition and what his guided caliphs order.
We have taken these views from what they have said here and there without any specific order and arrangement. It is however good to evaluate these opinions.
A critique of first opinion
It would be far better for Fakhr Razi, the imam of the Sunnis if he did not touch the question of abrogation at the hand of the Holy Prophet (s) and Umar's exclusive knowledge about it. This is because one cannot accept that Umar was aware of abrogation and Imam Ali (a.s) and other great companions did not know about it. Why did the Holy Prophet (s) tell him about it? Why didn't he mention this when Imran, an illiterate man was advising him? Addressing him, Imran said, "Your community is critical of you because of four things, including forbidding temporary marriage. Allah had made it legal and we were able to contract temporary marriage through a handful of dates [but you forbade it]. Let's skip the other three issues". "The Holy Prophet (s) permitted it at an emergency time. When people are not in an emergency situation there is no need for the legality of temporary marriage ",
Umar replied.
Why didn't Muslims accept this answer from Umar and the difference among them remained until now?
A critique of the third opinion
According to this opinion, it was Umar who forbade temporary marriage and it is a must on this view to follow his order.
Commenting on this issue, Ibn Qayyim says, "It is said that in hisSahih
, Muslim Nayshaburi, quotes Jabir bin 'Abdullah as saying: We contracted temporary marriage giving a handful of dates or flour as a dower during the lifetime of Allah's Messenger (may peace be upon him) and during the time of Abu Bakr until 'Umar forbade it in the case of 'Amr bin Huraith. What do you say in response to this tradition which says that temporary marriage was
forbidden at the time of Umar? Likewise it is proven that Umar has said, "Two pleasure were lawful and current during the time of the Holy Prophet (s). [I prohibit both of and punish those who commit them.] They are mut'a of hajj and temporary marriage". How do you justify these words?
In response, it is said that scholars are divided into two groups on this issue: Some say that Umar prohibited temporary marriage and forbade people from doing it. The Messenger of Allah had ordered people to follow his traditions and the verdicts of his caliphs. Thus it is an obligation to follow Umar's verdict. They do not believe in the authenticity of the tradition narrated by Abd al-Malik bin Rabi'a bin Sira from his father, from his father, according to which temporary marriage was forbidden in the year of the conquest of Macca. Ibn Mu'aeen has criticized this tradition which is not related by Bukhari in hisSahih
, though it was necessary to deal with it as an Islamic principle. It can thus be said that Bukhari did not mention because it was not authentic from his point of view. If he did not entertain doubt in regard with its authenticity, he would have mentioned it and dealt with its chains. Narrators of traditions are of the view that if Sabra's tradition is authentic then there is no fault with Ibn Mas'ud narrating their practice of temporary marriage and invoking a Quranic verse.
Similarly, if this tradition is right Umar must not say that this practice was current at the time of the Holy Prophet (s) but he forbade it, threatening to punish those who did it. Instead, he must say that the Holy Prophet forbade it and prohibited us from contracting temporary marriage.
Some scholars are of the view that if this tradition were right temporary marriage should not have been in use at the time of Abu Bakr.
The second group of scholars considers Sabra's tradition as authentic. According to them, even if this tradition is not authentic there is another authentic tradition narrated by Ali (a.s), according to which the Holy Prophet (a.s) prohibits contracting temporary marriage with women.
Thus we must interpret Jabir's tradition, saying: "Those who are said to have contracted temporary marriage were in fact unaware of its prohibition. The prohibition was not known until the time of Umar, when there emerged a dispute concerning the issue of temporary marriage. It was at this time that the prohibition of temporary marriage was known. In this way, there will be reconciliation between conflicting traditions.
The proponents of this opinion, according to this view, believe that it was Umar who forbade temporary marriage, not Allah and His Messenger. They however justify the prohibition made by Umar, attributing thus the prohibition to Allah and His Apostle by saying that the Holy prophet has ordered us to follow the verdicts issued by the guided caliphs.
That is the most important justification for what Umar did, but we should remember that it is based on a tradition that deems following guided caliphs as obligatory. If it is proved that this tradition is not authentic then it has to be admitted that Umar has introduced something 'heretical' in religion. Most of the companions of the Holy Prophet (s) have also said the same thing.
According to Ibn Qayyim, the Messenger of Allah (s) has ordered [us] to follow the verdicts issued by caliphs. His word refers to what the Holy
Prophet (s) has reportedly said, "Follow my tradition and the tradition of the guided caliphs after me, hold fast to them and keep abiding by them".
It is worth mentioning that studies show that this tradition is false and fabricated with all its chains.
Some great Sunni scholars such as Hafiz bin Qattan (d. 628 AH) have rejected it. Commenting on Abd al-Rahman Salmi, Ibn Hajar says, "He has reported only one tradition on admonishing which is regarded as authentic by Tirmidhi".
I would like to add that Ibn Hayyan and Hakim Nayshaburi have narrated this traditionin al-Mustadrak 'ala al-Sahihayn
. According to Ibn Qattan, this tradition is not authentic, for its narrator is not known.
It should be noted that great scholars have given an account of the life of Ibn Qattan and admired him.
A critique of the second view
As to the time of prohibition of temporary marriage by the Holy Prophet (s), there are more than one opinion about it. Some are of the view that temporary marriage was forbidden in the year of Farewell Hajj. Commenting on this view, Ibn Qayyim says that the origin of this view is to be sought in some of the narrators.
According to others, temporary marriage was forbidden in the year in which the battle of Hunain occurred. Rejecting this opinion, Ibn Qayyim says, "Since there is no [considerable] temporal distance between the battle of Hunain and the conquest of Macca, this opinion can be be considered as the same as the second opinion".
As to the opinion that the prohibition occurred in the battle of Awtas, Suhaili says, "The opinion of those who say that prohibition occurred in the battle of Awtas is in line with the tradition that says that prohibition happened in the year of the conquest of Mecca".
As to the prohibition of temporary marriage in compensatory umra, Suhaili says, "Strangely enough, some traditions deem prohibition to have occurred in in the battle of Tabuk or in compensatory umra".
According to Ibn Hajar 'Asqalani, it is not correct to say that temporary marriage was forbidden in in compensatory umra. This is because the tradition that supports it is mursal (broken) narrated from Hasan. His mursal traditions are weak, for he used to narrate from anyone he came across. If his tradition is presumably right, then it has to be said that he meant it was forbidden in the battle of Khaibar. This is because these two battles happened in the same year, just as the battles of Mecca and Awtas happened in one year.
According to Ibn Qayyim the truth is to say that temporary marriage was forbidden in the year of the conquest of Mecca.
On the view of Ibn Hajar, the tradition that is narrated by Muslim stating that prohibition occurred in the year of the conquest of Mecca is more acceptable. The year of the conquest of Mecca is thus the year in which temporary marriage is forbidden. He firstly relates all traditions and opinions and then evaluates them. Commenting on this view, he finally says, "From among the different suggestions about the time of prohibition, the opinions that suggest the year of the battles of Khaibar and Mecca as the time when prohibition was made, is more correct. We talked before about the opinion that says prohibition occurred in the battle of Khaibar. According to Suhaili most scholars hold this view.
Prohibition happens in year of conquest of Mecca
Here is the text of the tradition (as reported by Muslim) that suggests that temporary marriage was prohibited in the year of the conquest of Mecca. Ishaq bin Ibrahim narrated from Yahya bin Adam from Ibrahim bin Sa'aeed from Abd al-Malik bin Rabi'a bin Sabra Juhanni from his father, from his grandfather who said, "In the year of the conquest of Mecca, the Messenger of Allah ordered us to contract temporary marriage but before leaving Mecca he prohibited us from doing it.
Prohibition happens in battle of Tabuk
There is a tradition that says that temporary marriage was prohibited in the battle of Tabuk. Sunni narrators have reported it from three companions of the Holy Prophet (s), namely Imam Ali (a.s), Jabir bin Abdullah Ansari and Abu Huraira. Nawavi quotes Imam Ali (a.s) as saying, "All scholars excluding Muslim quote Ali (a.s) as saying that the Holy Prophet (s) prohibited temporary marriage in the battle of Tabuk. The chain of this tradition is as below: Ishaq bin Rashid narrates from Zuhri from Abdullah bin Muhammad bin Ali from his father who quotes Ali (a.s) as saying
Hazmi narrates this tradition from Jabir. As to the tradition of Abu Huraira, it is reported from him by Ibn Rahwiyya and Ibn Habban. Ibn Hajar has also related the tradition narrated by these two persons.
Since we will deal with tradition of the battle of Tabuk [in future] we will skip dealing with it right know.
Prohibition occurs in battle of Hunain
There is a tradition that says that temporary marriage was prohibited in battle of Hunain. Sunni narrators have narrated this narration from Imam Ali (a.s). Nisaee narrates it as under:
Amr bin Ali, Muhammad bin Bashar and Muhammad bin Muthanna quote Abd al-Wahhab as saying, "Yahya bin Sa'eed says: Malik bin Anas narrated from Ibn Shahab from Abdullah and Hasan, children of Muhammad bin Ali, from their father, Muhammad bin Ali who quoted Ali (a.s) as saying: The Messenger of Allah prohibited it in the battle of Khaibar [/Hunain]."
Muhammad bin Muthanna says that this tradition uses 'battle of Hunain' in place of 'battle of Khaibar'. He says that Abd al-Wahhab has mentioned it as such in his book.
Prohibition of temporary marriage in battle of Khaibar
In their sihah and other books, Sunni narrators have narrated from Imam Ali who said that temporary marriage was prohibited in the battle of Khaibar. There are different variations of this tradition. We will suffice to what Bukhari and Muslim have said.
Bukhari narrates from Malik bin Ismael from Ibn Ayyina from Zuhri from Hasan bin Muhammad bin Ali and his brother Abdullah from their father who quotes Ibn Abbas as saying, "The Holy Prophet (s) prohibited temporary marriage and and the flesh of domestic asses in the battle of Khaibar".
Muslim has reported this tradition through several chains which are as follows:
Chain One
: Yahya bin Yahya narrated Ibn Shihab, from Abdullah and Hasan, children of Muhammad bin 'Ali from their father who quoted Imam Ali as saying, "Allah's Apostle (may peace be upon him) on the Day of Khaibar prohibited forever the contracting of temporary marriage and eating of the flesh of the domestic asses."
Chain Two
: Abdullah bin Muhammad bn Asma Zab'ai narrated from Juwariyya from Malik (as in the previous chain) who said that he heard Ali addressing somebody say, "Your are forgetful This is because the Messenger of Allah had prohibited us from contracting temporary marriage with women "
Chain three
: Abu Bakr bin Abi Shaiba and Ibn Numair and Zuhair bin Harb from Ibn Ayyina from Zuhair, from Zuhri from Hasan and Abdullah children of Muhammad bin Ali from their father who quotes 'Ali (Allah be pleased with him) as saying, "The Holy Prophet (s) on the Day of Khaibar forbade forever the contracting of temporary marriage and the eating of the flesh of domestic asses".
Chain Four
: Muhammad bin Abdullah bin Numair narrated from his father, from Ubaidullah from Ibn Shahab from Hasan and Abdullah children of Muhammad bin Ali from their father who said, "Ali (Allah be pleased with him) heard that Ibn Abbas (Allah be pleased with them) gave some relaxation in connection with the contracting 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 forever the doing of it and eating of the flesh of domestic asses".
Chain five
: Abu Tahir and Harmala bin Yahya narrated from Wahab from Yunus from Ibn Shahab from Hasan and Abdullah children of Muhammad bin Ali from their father from an a person who heard Ali (s) addressing Ibn Abbas say, "The Messenger of Allah (s) forbade contracting temporary marriage with women and flesh of domestic assess on the day of Khaibar."
Common criticisms
All these traditions face some common criticisms which show that they are false and fabricated, though having authentic chains. We first briefly mention these criticisms and then we will specifically deal with the tradition of prohibition of temporary marriage in the year of the conquest of Mecca, for it is said to be well-known. Thereupon we will deal with the tradition of prohibition of temporary marriage in the battle of Khaibar. This is because this tradition is said to be narrated by Imam Ali (s) and Bukhari and Muslim have also narrated it. The reason why we have chosen to deal with these two traditions is that Sunni narrators have narrated these two traditions from Imam Ali (s).
The first criticism concerning these traditions is that they are self-contradictory contradicting each other in content. Some of these traditions refute others, a thing that has caused confusion among Sunni scholars making them present contradictory solutions.
It is because of this that some scholars have been forced to say that temporary marriage was lawful in the beginning but later on it was forbidden, though it was made legal again. It was however again declared as
forbidden, to the extent that Muslim has allocated a chapter in his book to this discussion dealing with the legality of temporary marriage, its abrogation, its legality for the second time and its abrogation forever.
The contradictory statements do not end here. Some scholars like Qurtubi have said that permission and prohibition continued for seven times.
Ibn Qayyim however says that it is not possible in Islamic Shari'a laws to accept abrogation more than once not speak of more than twice. He, on the other hand, thinks that temporary marriage was forbidden on the Day of Khaibar- a thing that implies a second abrogation which has not happened and will never happen in Islamic Shari'a laws.
These opinions are likewise in contraction with Umar's words, for Umar said, "Two pleasures were lawful and current during the time of the Holy Prophet (s) but I forbade them " according to these words which are transmitted through a reliable chain, Umar openly says that he forbade what was lawful during the time of the Holy Prophet (s).
Another criticism is that the companions of the Holy Prophet (s) whether before or after Umar's caliphate testify to the fact that temporary marriage was legal and it was Umar who forbade it. Some of them have also added that if Umar did not forbid it, no one other than a vicious person would commit adultery.
Evaluation of prohibition in conquest of Mecca
Let's now assess and evaluate the tradition that says temporary marriage was forbidden in the year of the conquest of Mecca. If you study Ibn Qayyim's opinion you will know that this tradition is incorrect. According to him, Abd al-Malik bin Rabi'a bin Sabra reported this tradition from his father from his grandfather. Ibn Mu'aeen is critical of the narrator of this tradition and Bukhari has not mentioned this tradition in hisSahih
. It will be enough to give an account of his life on the bases of what Ibn Hajar has said.
Ibn Hajar says: Abu Khaithama says: Somebody asked Yahya bin Mu'aeen about the traditions reported by Abd al-Malik bin from his father from his grandfather, he said: According to Ibn Mu'aeen his traditions are weak. Ibn Jawzi quotes Ibn Mu'aeen as saying: Abd al-Malik is weak in terms of narrating traditions. Abu al-Hasan bin Qattan is of the view that it was not proved that he was just. Though Muslim narrates traditions from him we cannot rely on his traditions. As mentioned, Muslim has narrated only one tradition from him on temporary marriage.
An evaluation of prohibition in battle of Hunain
Nisaee has reported this tradition from Imam Ali (a.s). We will deal with it while treating the traditions narrated from him. Thus we avoid evaluating it now.
Besides, Sunni narrators narrate a tradition from Rabi'a bin Sabra, according to which temporary marriage was prohibited at Farewell Hajj. According to Abu Dawood, Musaddad bin Musarhad narrated from Abd al-Warith from Ismael bin Umayya from Zuhri who said, "We were in the presence of Umar bin Abd al-Aziz when there was a discussion about contracting temporary marriage with women. Rabi'a bin Sabra, addressing
Umar bin Abd al-Aziz said: I testify that my father said that the Holy Prophet (s) forbade temporary marriage at Farewell Hajj.
Evaluation of prohibition in battle of Tabuk
We will deal with the tradition of the battle Tabuk, which is reported from Imam Ali (a.s) in its own place. Besides, Ibn Hajar openly says that the tradition narrated from Jabir is not authentic. This is because it is reported through Ibn Kathir who is rejected and is not a reliable person.
In hisTahdib al-Tahdib
, mentioning two narrators named Abbad, he says, "Abbad bin Kathir Thaqafi Basri and Abbad bin Kathir Ramli Falastini are not reliable. They are rejected. They narrate fabricated traditions and are liars".
Commenting on Falastini, Abu Hatam says that he was thinking that he was better than his namesake, but he found that he did not differ from him and his traditions were thus weak.
It seems that he who fabricated the tradition did so in order to contradict authentic traditions that indicate that temporary marriage was legal until the last moment of the life of the Holy Prophet (s). [To reach their goal], they also invented numerous traditions to show that Ibn Abbas changed his mind (and accepted that temporary marriage was forbidden). We will treat this question later as well as the question of attributing fabricated traditions in this connection to Imam Ali (a.s).
One of the traditions in question was reported by Abu Huraira. According to Ibn Hajar, Abu Huraira's tradition is not correct either. This is because he narrates from Mu'ammil bin Ismael from 'Akram bin 'Amar, both of whom are questionable.
An evaluation of prohibition in battle of Khaibar
The most important traditions available in this connection are the traditions falsely narrated from Imam Ali (a.s). This is because Imam Ali (a.s) was a vigorous opponents of this prohibition. Those who were flattering cruel rulers to receive rewards from them did their best to show their enmity towards Imam Ali (a.s) and fabricate traditions in his name. The fabricated traditions narrated from Imam Ali (a.s) are self-contradictory and inconsistent. This is because many were willing to fabricate traditions in his name. This is also one of the great signs of righteousness. They have narrated these fabricated traditions from his grandchildren from his son Muhammad bin Hanafiyya. They have not narrated any fabricated narration from the children of Imam Hasan (a.s) and Imam Husain (a.s). this is because they know very well that they cannot be accused of such kind of things.
Liars falsely relate that when he heard the relaxation Ibn Abbas had given to temporary marriage he spoke to him angrily If there were no contradiction among the fabricated traditions it would be difficult even for scholars to know the truth. Let's now explain in detail under the following headings, why these traditions are fabricated.
Contradiction on time of prohibition
Zuhri narrates from Hasan bin Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali from their father from Imam Ali (a.s), who addressing Ibn Abbas, said, "The Messenger of Allah (s) prohibited on
the day of Khaibar contracting temporary marriage with women and eating the flesh of asses".
Ibn Muthanna narrates this tradition in a slightly different manner:
"The Messenger of Allah (s) prohibited on the day of Huanain contracting temporary marriage with women and eating the flesh of asses". He also says that Abd al-Wahhab had related this tradition as under:
Zuhri narrates from Hasan bin Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali from their father from Imam Ali (a.s), who says that the prohibition occurred in the battle of Hunain.
In accordance with another variation, Zuhri narrates from Hasan bin Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali from their father from Imam Ali (a.s), who says that the Holy Prophet (s) prohibited termporary marriage in the battle of Tabuk.
In accordance with another tradition narrated by Muhammad bin Hanafiyya, Imam Ali (a.s) addressing Ibn Abbas, says that he is a forgetful person as the Holy Prophet forbade temporary marriage in his Farewell Hajj.
In yet another tradition, Shafi'ai narrates from Malik who quotes Imam Ali (a.s) saying, "The Messenger of Allah (s) prohibited on Khaibar day eating the flesh of asses".
This tradition does not talk about the prohibition of temporary marriage with women.
As it is clear, all these traditions that are apparently reported from Imam Ali (a.s) have one chain and speak about one subject matter.
If it is said that from among these traditions only some are credible (thus there is no inconsistency among them), in response it has to be said that [all these traditions are credible from their point of view]. The first tradition is regarded as credible by all and that is why they have given reference to it in their works. As to the second tradition, it has to be said that it is also reliable, for Nisa'ee has mentioned it in hisSunan
which is one the Sihah Sitta.
As to the fourth tradition, it is mentioned by Tabarani. Haithami has also said that its reporters are reliable.
As to the third tradition, Nawavi has mentioned it. He quotes Qazi Ayyaz as saying, "No one has followed him in this and thus it is a mistake of his".
Ibn Hajar says, "Stranger than this is the tradition narrated by Ishaq bin Rashid according to which temporary marriage was prohibited in the battle of Tabuk." This is also a fake tradition.
As to the fifth tradition, the following points have to said:
If he knew that temporary marriage was forbidden on Khaibar day he would not keep quiet. This is because if he remained silent it would be regarded as concealing the truth which is a bad thing. Shafia'I however believes that the prohibition took place on Khaibar day.
Moreover, Malik narrates in hisal-Mu'atta
from Zuhri from Hasan bin Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali from their father from Imam Ali (a.s) who said, "The Messenger of Allah (s) prohibited on the day of Khaibar contracting temporary marriage with women."
Sunni narrators and playing with Khaibar tradition
It goes without saying that according to Sunnis the most reliable traditions on prohibition of temporary marriage are traditions reported from Imam Ali (a.s), according to which the prohibition happened in the battle of Khaibar. The most important among them is the tradition reported by Zuhri from Hasan bin Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali from their father from Imam Ali (a.s). We must know Sunnis have narrated this tradition in different variations.
According to Ibn Taymiyya credible reporters inSahih Bukhari
,Sahih Muslim
and other books, have reported this tradition from Zuhri from Hasan bin Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali from their father from Imam Ali (a.s), who addressing Ibn Abbas who was considering temporary marriage as legal, said, "You are forgetful. The Messenger of Allah (s) prohibited on the day of Khaibar contracting temporary marriage with women and eating the flesh of asses"
In their time, great men of Islam such as Sufyan bin Ayyina, Malik bin Anas and other scholars on whose knowledge, equity and being memorizers Muslims were unanimous, have reported this tradition from Zuhri – as the most knowledgeable of his time concerning the conduct of the Holy Prophet (s) and the most concerned among to keep it. Tradition scholars were unanimous on the authenticity of this tradition and that is why no one form among them criticized it.
Sahih Bukhari, Sahih Muslim, Sunan Tirmidhi and Musnad Ahmad have narrated from Zuhri the following:
Hasan bin Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali narrated from their father from Imam Ali (a.s), who addressing Ibn Abbas, said, "The Messenger of Allah (s) prohibited on the day of Khaibar contracting temporary marriage with women and eating the flesh of asses"
According toSahih Muslim
, it was heard that Ali bin Abi Talib, addressing somebody, said, "You are forgetful". It is related in this book that Ali (a.s) came to know that Ibn Abbas had given relaxation on temporary marriage and thus addressing him he said, "O Ibn Abbas! Be cautious!"
According to Nisa'ee, Hasan bin Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali narrated from their father from Imam Ali (a.s) that he learnt that somebody regarded temporary marriage as legal and thus he addressing him said, "You are forgetful. The Messenger of Allah (s) prohibited on the day of Khaibar contracting temporary marriage with women and eating the flesh of asses"
Al-Muwatta
quotes Imam Ali (a.s) as saying: "On the day of Khaibar, the harbinger of the Messenger of Allah (s) proclaimed that temporary marriage was forbidden".
Shafiai also narrates Khaibar tradition, but when he learns that there is difference about it among Muslims he chooses to remain silent!
Tabarani narrates this tradition as under, "Ali was talking with Ibn Abbas on the issue of temporary marriage. Addressing Ibn Abbas Imam Ali said, "You are forgetful. The Holy Prophet (s) prohibited temporary marriage in
his Farewell Hajj". Thus Tabarani has also narrated this tradition though he is of the view that the prohibition was made in Farewell Hajj.
Points on signification of Khaibar tradition
According to one the one of the traditions narrated, temporary marriage was prohibited in the battle of Khaibar. A glance at the text and meaning of this tradition clarifies certain points:
Firstly it shows that Imam Ali (a.s) believed in the prohibition of temporary marriage. That is why he, addressing Ibn Abbas who in its lawfulness, said, "You are forgetful".
This is nothing but a mere lie. All knows that Imam Ali (a.s) was a leading opponent of the prohibition of temporary marriage, just as he was strongly opposed to the prohibition of mut'a of hajj. It is not however surprising to fabricate traditions and attribute them to him. The same was done in the mut'a of hajj It is not surprising either to narrate such things from the two sons of Muhammad bin Hanafiyya from their father from Imam Ali (a.s).
Bayhaqi narrates a tradition from Hasan bin Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali from their father from Imam Ali (a.s), who said,
یا بنی افرد الحج فانه افضل
My son, perform (the obligatory) hajj separately, as it is better.
Secondly, it signifies that the prohibition occurred in the battle of Khaibar, which is denied by great tradition scholars. They wonder how to justify it. In his commentary on Sahih Bukhari, Ibn Hajar quotes Suhaili as saying, "There is some fault with this tradition. This is because according to this tradition, temporary marriage was prohibited in the battle of Khaibar, whereas no biographer or historiographer has recorded such a thing".
Commenting on this tradition, 'Aini quotes Ibn Abd al-Barr as saying, "The tradition that says that prohibition took place in the battle of Khaibar is incorrect".
Qastalani quotes Bayhaqi as saying, "This tradition is not known to biographers and historiographers".
According to Ibn Qayyim, the companions of the the Holy Prophet (a.s) did not contract temporary marriages with Jewish women and they did not take permission in this regard from the Holy Prophet (a.s). On the other hand, no one has related any tradition whatsoever on doing it or on its prohibition.
According to Ibn Kathir, some scholars including Sheikh Hafiz Abu Hajjaj Mazi have tried to justify this tradition by rearranging some of its words. Despite all this, Ibn Abbas continued to believe that it was permissible to eat the flesh of assess and to contract temporary marriage with women.
Thirdly it implies that Ibn Abbas and Imam Ali (a.s) differed on this issue, whereas we do not accept it. This is because Ibn Abbas used to follow Imam Ali (a.s) particularly on such issues which are among the necessaries of religion. How can then one believe that Imam Ali (a.s) reminds Ibn Abbas of a necessary ruling in Islam and yet he continues to resist it?
By Allah this is not the case. That is why liars felt it inevitable to go towards fabricating traditions. According to Ibn Taymiyya, Ibn Abbas says, "When I heard about the prohibition of temporary marriage, I gave up my own opinion".
But Ibn Taymiyya's words are not true. To refute it, we will quote Ibn Hajar's words. He quotes Ibn Battal as saying, "The question that Ibn Abbas gave up his idea is related through weak traditions"
It is because of this that according to Ibn Kathir, Ibn Abbas however continued to cherish the idea that temporary marriage is permissible. Thus he did not change his mind until the end of his life. This is what some great scholars of tradition point out.
According to Muslim Urwa bin Zubair quotes Abdullah bin Zubair as saying, "Some people who are spiritually blind –just as they are physically blind- permit temporary marriage".
Urwa said: You are ignorant and foolish. By my soul, temporary marriage was practiced during the time of the Holy Prophet (a.s), the most pious man.
Ibn Zubair said: If you are bold enough go and contract temporary marriage. By Allah if you do it I will stone you to death.
He was referring to Ibn Abbas, the son of Imam Ali's uncle. At that time, he was blind. The traditions reported by Muslim and Ahmad bin Hanbal from Abi Basra, openly mention the name of Ibn Abbas. It shows that Ibn Abbas was denying temporary marriage at Mecca during the time of Ibn Zubair. Until the end of his life, he continued to believe in the permissibility of temporary marriage and the Meccan jurist were following him.
On the other hand, if the Messenger of Alah (s) had prohibited temporary marriage and Imam Ali (s) had informed him about it, he would have accepted it, not showing any sign of opposition.
Points concerning traditions narrated from Imam Ali (a.s)
As mentioned before, the contradictory traditions narrated from the Holy Prophet (s) through Imam Ali (a.s), are all but fabricated and false. All these traditions are narrated by Zuhri from the sons of Muhammad bin Hanafiyya from their father. Hasan bin Muhammad has on the other hand narrated from Salma bin Awka'a and Jabir bin Abdullah Ansari that the Holy Prophet (s) visited them and permitted them to contract temporary marriage with women.
This tradition signifies that the two sons of Muhammad bin Hanafiyya believed in the lawfulness of temporary marriage. This is because it is not reasonable for a person to narrate the lawfulness of temporary marriage from two companions of the Holy Prophet not knowing about its abrogation by the Holy Prophet (s).
Thus if we forget about the signification of the said tradition, the problems in the life of Abdullah and Hasan, sons of Muhammad Hanafiyya and the contradictions in the traditions attributed to Imam Ali (a.s), we cannot forget about Zuhri, who is the axis of the narrators of these traditions. Thus let's go through his account of life.
A glance at life of Zuhri
1. He was among the well-known persons who were opposed Imam Ali (a.s). He used to associate with Urwa bin Zubair and talk ill of Imam Ali (a.s).
2. He narrated traditions from Umar bin Sa'ad bin Abi Waqqas, killer of Imam Husain (a.s).
3. He was one of the Ummayyid's agents. That is why prominent scholars have reproached and criticized him.
4. Imam Yahya bin Mu'aeen criticized him after comparing him with 'Amash.
5. Writing him a letter, Imam Ali bin al-Husain, Zayn al-'Abdidin rebukes him because of his attending cruel rulers' court and advises him to change his mind, but his advice did not changes him.
Conclusion
1. According to Quran and tradition, temporary marriage is one of the essentials of Islam. Muslims used to adhere to it both practically as well as theoretically.
2. Umar bin Khattab prohibited it after he assumed power and ruled for sometimes.
3. Being aware of these two issues, Sunni scholars differed on how to justify it. Some said that prohibition was made by the Holy Prophet (s) and no one other than Umar was aware of it. This justification as mentioned before, is wrong. Others were of the view that it was Umar who prohibited it. According to them we must follow him, for the Holy Prophet (s) has ordered us to follow his conduct and the conduct of his guided caliphs. We have elsewhere dealt with this tradition independently and proved that it is wrong.
Some have said that the Holy Prophet (s) himself prohibited it. Those who follow this theory, differ on the time and place of this happening. They have resorted to traditions that are squarely fabricated.
4. It is clear thus that temporary marriage is lawful and the traditions on its prohibition are fabricated.
Given all these [specially the tradition that stresses on following caliphs]
we are led to believe that the prohibition of temporary marriage by Umar was nothing but an innovation – a thing that was forbidden by the Holy Prophet (s).
ایاکم و محدثات الامور...
Distance yourself innovations.
In this short treatise, so far we have briefly evaluated different opinions on the two mut'as [and argued that both are lawful], but this issue has other dimensions which need to be touched by jurists and theologians.
We ask Allah to help us find the true path and do our deeds purely for Allah. We also ask Him to help us associate with the Holy Prophet (s), his progeny and his real followers. He is no doubt beneficent and merciful.
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Author: Ayatullah Sayyid Ali Husaini Milani
