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They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) - Islam for Muslims (2) - Nairaland

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Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 8:43pm On Oct 18, 2014
MrOlai:
@Albaqir. Pls, I want to know. Like how many females have you had mut'a with in your life and why? No offence pls.

By "He who splits the grain and sprout off the shoot", it has never ever cross my mind not to mention of practicing mut'a. Why? Mut'a is delicately designed for those in dare need or who could not control their intimate desire or fear not to fornicate. I am none of these therefore do not need it. Same goes for multiple marriage.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by lanrexlan(m): 9:58pm On Oct 18, 2014
AlBaqir: Salam dear brother. Jumu'a Mubarak in arrears. Hope school things is going on smooth. Success is yours bi quwatih wa izzatih wa Jalalih.
Walaikum Salam Waramatulah Wabarakatuh brother.Alhamudulilah,school is good.Shukran dear brother.


AlBaqir: Report attributed to Sabra al-Juhani that at the conquest of Makkah (8/9A.H), it was forbidden FOREVER till the day of judgment . You've qouted many of those reports and affirm it was forbidden forever on the day of conquest of Makkah. Then, what happened after the conquest of Makkah (8/9A.H)? This hadith revealed:
1. Narrated Iyas ibn Salama on the authority of his father that Allah's Messenger (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 parenthesis is the translator's footnote. ~Sahih Muslim, English version vol2 tradition #3251 chap. DXLI (titled: Temporary Marriage) ~Sahih Muslim, Arabic version 1980 Edition pub in Saudi Arabia, vol.2 p.1023, hadith #18, "kitab al- Nikah, Bab Nikah al-Mut'a. Battle of Hunain was after the conquest of Makkah which took place in 9/10A.H and not 8A.H as the translator insinuated. However, whichever date it is, Hunain was after Fath Makkah How is it possible for Mut'a to be forbidden FOREVER at khaibar, then allowed at conquest of Makkah, then forbidden FOREVER after the conquest of Makkah, then allowed at Hunain?
Good observations AlBaqir,but do you notice something? That the permissibilty of Muta'a was allowed by the Prophet(pbuh)during war time? According to all the narrations you and I quoted,the Prophet(pbuh) permitted Muta'a for 3 nights during wars and then prohibited it perhaps when the need for it recur during war time,he makes it permissible.
When there is no war,the Prophet(pbuh) was reported to have said on the authority of Alqama: While I was walking with 'Abdullah he said, "We were in the company of the Prophet and he said, 'He who can afford to marry should marry, because it will help him refrain from looking at other women, and save his private parts from looking at other women, and save his private parts from committing illegal sexual relation;and he who cannot afford to marry is advised to fast, as fasting willDiminishhis sexual power
This was the prescriptions of the Prophet(pbuh) when there was no war.Let's put this under rational thinking dear brother.During war time,warriors in the battle field won't be able to fast because they need strength to fight in the battle field,their wives is not around also thus their sexual urge will be there,not diminished.So it's very ideal for them to practise Muta'a as it will helped them from keeping away from Zina or sleeping with women forcefully.

But when there's no war,the Prophet(pbuh) prescribed fasting for diminishing sexual urge of people who aren't marry.The Prophet(pbuh) didn't say:'Those of you who can't marry should engage in temporary marriage',he knew people will misuse the concept if not during war time.
Hope you are getting my drift brother?

AlBaqir: Third,if we are to be strict with Sunni 'ilm hadith (science of hadith), the report of Ibn Sabra al- Juhanni is rated as 'Mufrad or wahid (single) i.e all those reports about prohibition of Mut'a at conquest of Makkah, although through different chain of authority, all go back to Ibn Sabra himself. There is no Shawahid! Ibn Sabra, in sahih Muslim vol. 2, chp. DXLI (titled: temporary marriage), Tradition #3256; Arabic version vol. 2 p.1025 Tradition #21, narrated those versions you have quoted with these additional info: "I saw Allah's Messenger standing between the pillar and gate of ka'ba when speaking the hadith" So, how is possible that this hadith of prohibition of Mut'a at the conquest of Makkah was narrated ONLY by Ibn Sabra al-Juhanni while other speeches of the holy prophet (peace be on him and his progeny) at the conquest of Makkah were narrated through different narrators? Interestingly, Ibn Sabra claimed 'it was an open declaration' as indicated^ There was no even a single witness for his narration even with a weak chain. That makes Ibn Sabra's hadith suspected. Then his grandfather (who was also part of the chain) was never known or quoted by any.
Narrated Jabir bin 'Abdullah and Salama bin Al- Akwa': "While we were in an army, Allah's Apostle came to us and said, "You have been allowed to do the Mut'a (marriage), so do it." Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general.Abu Abdullah (Al-Bukhari) said: 'Ali made it clear that the Prophet said, "The Mut'a marriage has been cancelled (made unlawful)." (Sahih Bukhari,Book of Nikaah,Volume 7,Book 62, Number 52)

This narration is not from Al-Juhani,probably it was during the conquest of Makkah.

AlBaqir: No not only during war. On the authority of Ismail with the same chain of transmitter as 'the hadith of permissibility during war': "We were young so we said: 'O Allah's Apostle! Should we not have ourselves castrated?" The narrator did not say we were on an expedition. ~Sahih Muslim, English version, vol. 2 chap.DXLI, (Titled: Temporary marriage), Tradition #3245. ~~Sahih Muslim, Arabic version 1980 Edition pub in Saudi Arabia, vol.2 p.1022, hadith #12, "kitab al- Nikah, Bab Nikah al-Mut'a. Apart from this, after the demise of the prophet, NO WAR, NO EXPEDITION when Ibn Abbas, Ibn Umar, Ibn Mas'ud, Jabir Ibn Abdullah, Imran ibn Hussain et al, sanctioned and maintained Mut'a is permitted as indicated in several mentioned hadith.
This is another version of the Hadith.
Narrated Abdullah (b. Mas'ud) reported: We were on an expedition with Allah's Messenger (may peace be upon him) and we had no women with us. We said: Should we not have ourselvesCastrated? He (the Holy Prophet) forbade us to do so He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and 'Abdullah then recited this verse: '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 trangressers" (al-Qur'an, v. 87)

So they were on an expedition,Muta'a can also be performed when the Muslim men used to also travel for long months and have no access to their spouses.
We haven't seen a single hadith that supports Muta'a when there's no expedition or war.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by lanrexlan(m): 10:32pm On Oct 18, 2014
AlBaqir:
As per Umar declaring Mut'a to be Harram! Your defense:
Ma sha Allah! @underlined words. Had it been the holy prophet (peace be on him and his progeny) really and truly addressed people at the conquest of Makkah as claimed by Ibn Sabra al-Juhanni, why were people continue with the practice of Mut'a long after the demise of the holy prophet (peace be on him and his progeny) as indicated in the above statement of yours so much so that Umar finally "declared and taught it to be haram" and threaten to stone whoever practice mut'a?
Because people practised it after the demise of the Prophet(pbuh) doesn't make it halal except in the cases in which the Prophet(pbuh) permitted(i.e. War time and expedition).People reverted to Kufr after the demise of the Prophet(pbuh) though they have believed before,that doesn't make Kufr halal.

Do you notice the hadith I quoted above which Jabir Ibn Abdullah and Salman Bin Akwa said ''I do not know whether that was only for us or for all the people in general'',this is where the doubt comes in.Some may think the permissibilty was for all circumstances,not knowing it was specific.Some people will find it easier to commit Muta'a over and over again with different women than to get married.So people practising it may be borne out of desire for it or being afraid of getting married.

AlBaqir: Were these people disobeying the "order of their prophet"?
No doubt Umar, Ibn Abbas, Abdullah ibn Umar, Ibn Mas'ud, Imran ibn hussain, jabir ibn Abdullah et al were all present at the conquest of Makkah. Why was any of them EVER made mention of the prohibition on the day Makkah was conquered?
Jabir Ibn Abdullah made mentioned of it.

AlBaqir: Dear lanrexlan, Here's one version of your statement, the narration goes like this:
"Urwah ibn Zubair narrated that khulah bint Hakim came to Umar Ibn al-Khattab and said: Rabi'ah Ibn Umayyah practiced Mut'a with a woman and the woman has become pregnant from him. Umar became angry and said: "About this Mut'a, had I done (the ban) sooner than this, I would have stoned him."
~al-Muwatta, Imam Malik ibn Anas, vol. 2 p.30 On the topic of Mut'a; Sunan al-Kubra, al-Bayhaqi vol.7 p. 206
This is yet a clear indication that prophet did not forbade Mut'a but Umar does. Just like in the word of his son, Abdullah, are we to follow Umar or the Sunnah of the prophet?
*******************************
Umar(r.a) prohibited it because people didn't practise in the proper ways the Prophet(pbuh) gave.The people thought the permissibilty of Muta'a was for all in all circumstances(The statement :'We didn't know if this permissibilty is for us or everybody'),not knowing it was for specific purposes and not when people are free to marry or fast.
In short,the Prophet(pbuh) prohibited it after war time,people thought Muta'a can be practised when there's no war nor expedition and thus engaged in it misusing it.Umar(r.a) banned it as people couldn't even practised it properly.

AlBaqir: As per abusing the practice thereby Umar thought it wise to forbid it, should we forbid Multiple marriage because of the fact that people have abused the practice esp in this society? Muslim's home with Multiple marriage is worse. No care for wives or children, in fact, each wife fend for their respective survival with children.
Just like a verse was revealed for multiple marriage which legalized it, also a verse was revealed for mut'a for its legislation thereby nobody not even prophet (peace be on him and his progeny) can rule against the verse except Allah Himself reveal another verse to abrogate it.
Whoever abuse a practice will face the punishment alone with Allah. That is not the yardstick to make what Allah allowed as forbidden.
"It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a plain error." ~al-Ahzab:36
Islam is very clear of polygamy,if you can't do justice then marry only one.The Prophet(pbuh) was very clear on Muta'a,if you can't keep your desire then fast(war free) and if it's during war time,then Muta'a can be performed for 3 nights and which it's over.


AlBaqir: Beautiful ayah but I honestly don't understand why you quote it. Elaborate please.
Thanks for your time. Wa salam alaykum.
It appears that after Allah Almighty forbade Muta on the Prophet(pbuh) in that verse and one can infer that the Prophet(pbuh) in turn forbade it on the Muslims.
You are welcome brother
Walaikum Salam Waramatulah Wabarakatuh.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by lanrexlan(m): 10:38pm On Oct 18, 2014
Empiree:
^^^ Okay, shukran. I am still waiting for the those in support of "misyar marriage" to respond before i state my opinion on this issue. I will wait for them for one more day inshallah.
You will have to wait for years dear brother,as brother Vedaxcool rightly opined 'misyar marriage' will always be saudi arabia's problem .

1 Like

Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 10:03am On Oct 19, 2014
lanrexlan:
Walaikum Salam Waramatulah Wabarakatuh brother.Alhamudulilah,school is good.Shukran dear brother.
Alhamdulillah. You are most welcome akhi. Please I'd like to send a new book/reaserch (pdf) to you on certain Islamic academic discussion. Very interesting . Here's my e-mail: seeabdwasi@gloworld.blackberry.com

lanrexlan:

Good observations AlBaqir,but do you notice something? That the permissibilty of Muta'a was allowed by the Prophet(pbuh)during war time? According to all the narrations you and I quoted,the Prophet(pbuh) permitted Muta'a for 3 nights during wars and then prohibited it perhaps when the need for it recur during war time,he makes it permissible.

First there are lot of practice in Islam in which primarily their legislation were derived from a particular incidence or occasion; and the rule extend beyond the primary happenings so long the condition remains.

Second, it was not only during war the glorious prophet (peace be on him and his progeny) allowed Mut'a. He did so at other expedition, alhamdulillah you agreed with this. This alone narrow the rule to when you are away from your wife, and also if you haven't marry and cannot control yourself naturally or through fasting and there is fear you will indulge in sins. I've quoted an hadith for you:
"We were young so we said: 'O Allah's Apostle! Should we not have ourselves castrated?"

lanrexlan:

When there is no war,the Prophet(pbuh) was reported to have said on the authority of Alqama: While I was walking with 'Abdullah he said, "We were in the company of the Prophet and he said, 'He who can afford to marry should marry, because it will help him refrain from looking at other women, and save his private parts from looking at other women, and save his private parts from committing illegal sexual relation;and he who cannot afford to marry is advised to fast, as fasting willDiminishhis sexual power

See the underlined dear brother. That's not an order but a noble advise. And what a best advise it is if we can adhere!

* The reality of life, however, is you cannot control the "masses" through fasting only.

* The first option is to fulfill this natural want in a natural way i.e to have sexual intercourse. In this case, Marriage permanently or temporarily is introduced. No doubt permanent marriage is the best.

* As I wrote earlier, the holy month of Ramadhan was initially designed with the order to avoid sexual intercourse with one's wife. However, when prominent companions started breaking the rules secretly due to the fact that they simply can't control their sexual urginess even with fasting, then the merciful Lord permitted:
It is made lawful to you to go into your wives on the night of the fast; they are an apparel for you and you are an apparel for them; Allah knew that you acted UNFAITFULLY to yourselves, so He has turned to you (mercifully) and removed from you (this burden) ~sura al-Baqarah:187

Imagine this is just 29 or 30days restraint. Expedition, war or youthfulness (with no means and readiness) will definitely take a longer time. Those who can restrain themselves naturally or through fasting should do which is the best but Mut'a remain option for those who cannot.

lanrexlan:

Narrated Jabir bin 'Abdullah and Salama bin Al- Akwa': "While we were in an army, Allah's Apostle came to us and said, "You have been allowed to do the Mut'a (marriage), so do it." Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general.Abu Abdullah (Al-Bukhari) said: 'Ali made it clear that the Prophet said, "The Mut'a marriage has been cancelled (made unlawful)." (Sahih Bukhari,Book of Nikaah,Volume 7,Book 62, Number 52)

This narration is not from Al-Juhani,probably it was during the conquest of Makkah.

1. There's no indication in this hadith that the incident refer to conquest of Makkah. I guess Imam Bukhari simply arranged the hadith under the chapter of "conquest of Makkah" to justify that mut'a was prohibited at the conquest of Makkah.

2. The hadith says "While we were in an army". But ofcourse there was no army at the conquest of Makkah. The expedition was to perform Hajj, and nobody carry any weapon or dressed defensively. Fath Makkah was a miraculous bloodless conquest.

The hadith has nothing to do with conquest of Makkah; so, again ONLY Ibn Sabra al-Juhanni reported the so-called prohibition of Mut'a at the conquest of Makkah. It is Mufrad and rejected.

lanrexlan:

So they were on an expedition,Muta'a can also be performed when the Muslim men used to also travel for long months and have no access to their spouses.

Haqq

lanrexlan:

We haven't seen a single hadith that supports Muta'a when there's no expedition or war.

I've given you one hadith before. Here's it again:
"We were young so we said: 'O Allah's Apostle! Should we not have ourselves castrated?" The narrator did not say we were on an expedition or war.
~Sahih Muslim, English version, vol. 2 chap.DXLI, (Titled: Temporary marriage), Tradition #3245.
~~Sahih Muslim, Arabic version 1980 Edition pub in Saudi Arabia, vol.2 p.1022, hadith #12, "kitab al-Nikah, Bab Nikah al-Mut'a.

No war! No expedition. Then prominent companions like Abdullah ibn Abbas, Ibn Mas'ud, Ibn Umar, Imran ibn hussain, Jabir ibn Abdullah et al used to gave verdict when there's no war or expedition.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 10:28am On Oct 19, 2014
lanrexlan:
Because people practised it after the demise of the Prophet(pbuh) doesn't make it halal except in the cases in which the Prophet(pbuh) permitted(i.e. War time and expedition).People reverted to Kufr after the demise of the Prophet(pbuh) though they have believed before,that doesn't make Kufr halal.

No brother. People practice Mut'a because it is not only allowed during war time or expedition but during certain obvious circumstances e.g
"We were young so we said: 'O Allah's Apostle! Should we not have ourselves castrated?"
An unmarried youth is more prone to evil.

Then saying attributed to Imam Ali, Ibn Abbas: "Had it not been that Umar forbid Mut'a, only the transgressor will commit zina.

And you can appreciate the fact that people at most time go against Umar's legislation. Among whom was his own son, a sahabi himself and other prominent sahaba. Those who cannot stand Umar's wrath kept mute on it.

lanrexlan:

Do you notice the hadith I quoted above which Jabir Ibn Abdullah and Salman Bin Akwa said ''I do not know whether that was only for us or for all the people in general'',this is where the doubt comes in.Some may think the permissibilty was for all circumstances,not knowing it was specific.Some people will find it easier to commit Muta'a over and over again with different women than to get married.So people practising it may be borne out of desire for it or being afraid of getting married.

That's doubt on there part. You can appreciate people like Ibn Abbas who even swear "by my life!" among other undoubtful companions.

lanrexlan:

Umar(r.a) prohibited it because people didn't practise in the proper ways the Prophet(pbuh) gave.The people thought the permissibilty of Muta'a was for all in all circumstances(The statement :'We didn't know if this permissibilty is for us or everybody'),not knowing it was for specific purposes and not when people are free to marry or fast.
In short,the Prophet(pbuh) prohibited it after war time,people thought Muta'a can be practised when there's no war nor expedition and thus engaged in it misusing it.Umar(r.a) banned it as people couldn't even practised it properly.

Have said manythings already on this.
The bottom-line is you don't prohibit what Allah and His prophet allowed based on the fact that people abuse it. The responsibility of a Leader is to ensure people follow the rule of law.

The verse of Mut'a is intact in the Qur'an. Even if you have 1million "reported" tradition, they can never abrogate a single verse of the holy Qur'an. Only a new verse can abrogate the older ones.

1. Imran Ibn Hussain narrated:
"The verse of Mut'a was revealed in Allah's book, and there did not came any other verse after that to abrogate it; and the prophet ordered us to do it, so we did it at the time of Allah's Apostle, and he did not forbade us from it till he died. But a man (who regarded it illegal) expressed what his own mind suggested."
~Tafsir al-Kabir, al-Thalabi under the commentary of Q 4:24
; Tafsir al-Kabir, Fakhr deen al-Razi, vol. 3 under Q4:24
; Tafsir Ibn Hayyan, under the commentary Q4:24 etc.

NB: The same narration of Imran Ibn Hussain was recorded in Sahih al-Bukhari vol. 6 hadith #43; Arabic version vol.2 p.375, vol.6 p. 34
(Also, Musnad Ahmad ibn Hanbali, vol. 4 p. 436 narrated by 'Imran ibn al-Qasir).

Interestingly, the saudi translator of Sahih al-Bukhari (Muhammad Muhsin Khan) has changed the word "Mut'a" to "Hajj-at-Tamatu". This is why in the Arabic text of the hadith of al-Bukhari which is beside the English text, the word "Mut'a" has been used ALONE. grin

2. Narrated Abu Nadhra:
While I was in the company of Jabir Ibn Abdullah, a person came to him and said that Ibn Abbas and Ibn Zubair differed on the two types of Mut'a (mut'a of Hajj and Mut'a of women), whereupon Jabir said: We used to do these two during the life time of Allah's Messenger (peace be on him). Umar then forbade us to do them and so we did not revert to them."
* Sahih Muslim, Eng. Version vol.2 chpt. DXLI (titled: Temporary marriage), Tradition #3250.
* ~Sahih Muslim, Arabic version 1980 Edition pub in Saudi Arabia, vol.2 p.1023, hadith #17, also vol. 2, p.914, tradition #1249.

3. Jabir ibn Abdullah also reported:"We contracted temporary marriage giving a handful of the dates or flour as a dower during the life time of Allah's Messenger and during the time of Abu Bakar until Umar forbade it because of Amr ibn huraith.
* ^ same Eng. Version above, tradition#3249.
* ~Sahih Muslim, Arabic version 1980 Edition pub in Saudi Arabia, vol.2 p.1023, hadith #16, "kitab al-Nikah, Bab Nikah al-Mut'a.

Our argument is that prophet never prohibited Mut'a. Umar did with his own fatwa. Interestingly, Umar himself NEVER used the holy prophet as a reference source of his prohibition. Reports that claimed the prophet prohibited mut'a were too contradicted. It is inconceivable to admit he prohibited Mut'a FOREVER on one occasion (at Khaibar), allow it on another occasion then prohibit it FOREVER (at conquest of Makkah), then allow it again (at Hunain). What's the definition of forever?

lanrexlan:

Islam is very clear of polygamy,if you can't do justice then marry only one.


So are people doing even an iota of justice among their wives? The truth is multiple marriage has contributed negatively to this society and family life in this part of the world. Yet we cannot rule out Allah's legislation based on the fact that some people disabuse multiple marriage.

lanrexlan:

The Prophet(pbuh) was very clear on Muta'a,if you can't keep your desire then fast(war free) and if it's during war time,then Muta'a can be performed for 3 nights and which it's over.


Zubair ibn Awwam and Asma bint Abu Bakar performed Mut'a; and you know what brother? They had two kids in the process. First was Abdullah ibn Zubair and the second was 'Urwah ibn Zubair.
Could that ever be for 3days?

lanrexlan:

It appears that after Allah Almighty forbade Muta on the Prophet(pbuh) in that verse and one can infer that the Prophet(pbuh) in turn forbade it on the Muslims.
You are welcome brother
Walaikum Salam Waramatulah Wabarakatuh.

Prophet never practice Mut'a himself. There are lots of things forbidden on the prophet but legalize for general muslims. Sadaqa is one of them.

The verse Q33:52 has nothing to do with mut'a. The verse was a specific address to Muhammad (peace be on him and his progeny).

Thanks for your time.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 5:24pm On Oct 19, 2014
@lanrexlan,

Umar's Admittance On Forbiding Mut'a And Revert On Mut'a's Validity
Imam Tabari in his Tarikh:
"I went to Umar's house and told him that I want to give him some advice. His reply was, "The person giving good advice is welcomed anytime." I said, "Your community finds fault with you on four accounts." Umar put the top of his whip in his beard and the lower part on his thigh. Then he said, "Tell me more." I continued, "It has been mentioned that you declared the lesser Hajj forbidden during the months of Hajj..." He answered, "It is permitted. (But the reason that I forbade it was that) if they were to perform the lesser Hajj during the months of Hajj, they would regard it as being a lieu of the full Hajj, and (Mecca) would be celebrated by no one, although it is part of God's greatness. You are right."

I continued, "It is also said that you have forbidden temporary marriage, although it was a license given by God. We enjoy a temporary marriage for a handful (of dates), and we can separate after three nights." He replied, "The messenger of God permitted it at the time of necessary. Then people regained their life of comfort. I do not know any Muslim who has practiced this or gone back to it (after I forbade). Now, anyone who wishes to, can marry for a handful (of dates) and separate after three nights. You are right." I continued, "You emancipate a slave girl if she gives birth, without her master's (consenting to) the emancipation...(and the fourth complaint is) There have been some complaints of your raising your voice against your subjects and your addressing them harshly." ....


* History of al-Tabari, English version, vol. 4 p. 139 - 140.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by lanrexlan(m): 5:51pm On Oct 19, 2014
^^^^^
You've got mail.
One last question brother,the hadith of Ismail that you keep quoting that says 'We were young,should we get ourselves castrated?' was only narrated on the authority of Ismail only,can we also say it is Mufrad and should be rejected since it's single handedly narrated like that of Al-Juhani?

1 Like

Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by lanrexlan(m): 5:51pm On Oct 19, 2014
Double posts
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by lanrexlan(m): 6:09pm On Oct 19, 2014
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Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by lanrexlan(m): 6:13pm On Oct 19, 2014
AlBaqir:
@lanrexlan,

Umar's Admittance On Forbiding Mut'a And Revert On Mut'a's Validity
Imam Tabari in his Tarikh:
"I went to Umar's house and told him that I want to give him some advice. His reply was, "The person giving good advice is welcomed anytime." I said, "Your community finds fault with you on four accounts." Umar put the top of his whip in his beard and the lower part on his thigh. Then he said, "Tell me more." I continued, "It has been mentioned that you declared the lesser Hajj forbidden during the months of Hajj..." He answered, "It is permitted. (But the reason that I forbade it was that) if they were to perform the lesser Hajj during the months of Hajj, they would regard it as being a lieu of the full Hajj, and (Mecca) would be celebrated by no one, although it is part of God's greatness. You are right."

I continued,"It is also said that you have forbidden temporary marriage, although it was a license given by God. We enjoy a temporary marriage for a handful (of dates), and we can separate after three nights."
He replied, "The messenger of God permitted it at the time of necessary.Then people regained their life of comfort. I do not know any Muslim who has practiced this or gone back to it (after I forbade). Now, anyone who wishes to, can marry for a handful (of dates) and separate after three nights. You are right." I continued, "You emancipate a slave girl if she gives birth, without her master's (consenting to) the emancipation...(and the fourth complaint is) There have been some complaints of your raising your voice against your subjects and your addressing them harshly." ....


* History of al-Tabari, English version, vol. 4 p. 139 - 140.
The underlined words is my point,Muta'a was permitted in the time of necessity and see the bolded,'people regained their comfort of life' i.e. People now have access to their spouses,not on expedition or in battle field so no need for Muta'a and that's the reason Umar(r.a) forbade it.
Which comfort of life does a young person lose? It's either he got married permanently or fast.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by MrOlai: 10:41pm On Oct 19, 2014
@Albaqir. Thanks for your response. I went through your post "How True Are Narrations of Sahih Bukhari and Muslim". In your post in response to Akindarchi, are you saying Abubakr, Umar and Uthman, the first three khalifs were hypocrites? NB: When you wrote "These were group who accused him of madness at his death-bed. These were group who oppressed his family after him." Pls, expatiate.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 11:30pm On Oct 19, 2014
lanrexlan:
The underlined words is my point,Muta'a was permitted in the time of necessity and see the bolded,'people regained their comfort of life'i.e. People now have access to their spouses,not on expedition or in battle field so no need for Muta'a and that's the reason Umar(r.a) forbade it.
Which comfort of life does a young person lose? It's either he got married permanently or fast.

Yaa Akhi, kindly review this very similar analogy taking note of the bold part^:

"When you travel on earth there is no blame on you if you shorten your prayers if you are scared that those who disbelieve will trouble you."
~Quran4: 101

On the authority of Ya'la b. Umayya: He said: 'I said to 'Umar b. al-khattab: 'There is no blame on you if you shorten the prayer if you fear that those who disbelieve will trouble you, but the people are [now] safe.' He (Umar) said: 'I was wondering about that just as you are wondering so I asked the Prophet of God (s) about it. He (s) said: 'It is a charity which Allah has granted you so accept it." ~Sahih Muslim

It is unfortunate that those who are 'confused' on Mut'a whether it being limited to war or expedition do not clarify their confusion from the holy prophet (peace be on him and his progeny) otherwise we will accuse them of using their personal emotional feeling to overrule Allah and His prophet's verdict. Whereas those who are doubly sure give verdict of Mut'a at all time.

Ali said: "The mut'a is a mercy from Allah to his servants. If it were not for Umar forbidding it, no one would commit (the sin of) fornication except a Shaqi."

* Ibn al-Athir, al-Nihayat vol. 2 p. 249
* Ibn Manthur, Lisan al-Arab, vol. 19 p. 166
* al-Asqalani, Fat'h al-Bari, vol. 9 p. 141
* al-Muttaqi, Kanz al-Ummal, vol. 8 p. 293
Etc etc etc.

al-Hafidh Jalaludeen al-Suyuti said about Umar:
"He (Umar) is the FIRST who made Mut'a forbidden (Haraam)"
~Tarikh al-Khulafaa p. 136

The same is said about him by al-Qastalani in his "al-Irshad" p. 169

And as you can see in the report of Imam Tabari, Umar privately admitted his fault and rule for the validity of Mut'a though he never made it public.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 11:50pm On Oct 19, 2014
lanrexlan:
^^^^^
You've got mail.

Trying hard to reply but network is bad here. In sha Allah you will see them soon.

lanrexlan:

One last question brother,the hadith of Ismail that you keep quoting that says 'We were young,should we get ourselves castrated?' was only narrated on the authority of Ismail only,can we also say it is Mufrad and should be rejected since it's single handedly narrated like that of Al-Juhani?

Good observation brother.
First, there is nothing bad in a Mufrad or wahid (single report) hadith provided there is a support for it or the circumstance in which it occur (e.g a private conversation with the prophet), then the reliability or credibility of the narrator.

In the case of Ibn Sabra al-Juhanni, going by Sunni standard, he is credible and reliable just being a sahabi. However, the content (matn) with the claim that the prohibition of Mut'a occur at the conquest of Makkah where he also claimed to have seen the prophet "publicly declaring it" suggested that there should be a support for the hadith. Thousands of sahaba participated in the conquest and they reported many sayings of the prophet at the scene but no one except Ibn Sabra al-Juhanni reported the part of "Mut'a being prohibited forever". That makes the hadith suspected and rejected.

Second, in the case of Ismail ("we were young and cannot castrate...being other reason for the validity of Mut'a outside War"wink, there are lots of support for it as I have shown before. Again see the bold:

Narrated Abu Nadhra:
While I was in the company of Jabir Ibn Abdullah, a person came to him and said that Ibn Abbas and Ibn Zubair differed on the two types of Mut'a (mut'a of Hajj and Mut'a of women), whereupon Jabir said: We used to do these two during the life time of Allah's Messenger (peace be on him). Umar then forbade us to do them and so we did not revert to them."
* Sahih Muslim, Eng. Version vol.2 chpt. DXLI (titled: Temporary marriage), Tradition #3250.
* ~Sahih Muslim, Arabic version 1980 Edition pub in Saudi Arabia, vol.2 p.1023, hadith #17, also vol. 2, p.914, tradition #1249.

Jabir ibn Abdullah also reported:"We contracted temporary marriage giving a handful of the dates or flour as a dower during the life time of Allah's Messenger and during the time of Abu Bakar until Umar forbade it because of Amr ibn huraith.
* ^ same Eng. Version above, tradition#3249.
* ~Sahih Muslim, Arabic version 1980 Edition pub in Saudi Arabia, vol.2 p.1023, hadith #16, "kitab al-Nikah, Bab Nikah al-Mut'a.

And the fact that personalities like Abdullah Ibn Abbas, Abdullah Ibn Umar, Abdullah ibn Masud, Jabir ibn Abdullah, Imran ibn Hussain et al used to give verdict for the validity of Mut'a long after the death of the holy prophet NEVER ruled its only during war time or expedition.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by sino(m): 10:07pm On Oct 29, 2014

MUTA in Encyclopedia Topic

Encyclopaedia of Ismailism by Mumtaz Ali Tajddin

"The word muta is derived from mata, meaning merchandise or goods. In case of a marriage it means "that which gives benefits, but for a short while" or enjoyment or pleasure. In Iran, this practice is called sigha (lit. form or type) and it is sometimes called nikah al-muwaqqat or izdivaj-i muvaqqat, both mean temporary marriage.

Besides the temporary marriage, four kinds of union of man and woman were prevalent among the pagan Arabs in the pre-Islamic period. The first of these was the permanent marriage tie which, in a modified form, was recognized by Islam. The second was known as the istibdza (from bidz, meaning a portion or a large portion of wealth, sufficient to carry on a trade). The following explanation of this word is given in Bukhari (67:37) that, "a man would say to his wife: send for such a one and have cohabitation with him; and the husband would remain aloof from her and would not touch her until her pregnancy was clear". The third form was that in which any number of men, less than ten, would gather together and have cohabitation with a woman, and when she became pregnant and gave birth to a child, she would call for all these men and would say that the child belonged to such a one from among them; and he would bound by her word to accept the responsibility. Fourthly, there were prostitutes who were entered upon promiscuously and when one of them bore a child, a man known as qa'if (one who recognized) was invited and his decision, based on similarity of features, was final as to who was the father of the child. The last three forms only legalized adultery in one form or another and Islam did not recognize any of them, nor was any such practice resorted to by any Muslim at any time.

The Muta or the temporary marriage stood on a different basis, and reform in this matter was brought about generally. It was into practice among the pagan Arabs in the 4th century. The reference of this form of marriage is believed to have found in the Koran (4:28), although the explanation of this passage as early as the 1st/7th century refers it to the ordinary marriage. After giving a list of the classes of women with whom marriage is forbidden, the Koranic verse reads: "And further, you are permitted to seek out wives with your wealth, in modest conduct but not in fornication; but give them their reward (ajr) for what you have enjoyed of them (istamta'tum) in keeping with your promise."

The traditions are contradictory on the question of muta. According to Tabari (1:1775-6), it was in use in the time of the Prophet and he was even said to have practised it. On the other hand, Ali bin Abu Talib relates that it was forbidden by the Prophet on the day of Khaibar (Bukhari, maghazi, bab 38). According to other traditions as quoted by Ahmad b. Hanbal, muta was first forbidden by Umar at the end of his caliphate (Masnad, 3:304). Ibn Majah (nikah, bab 44) writes that Umar threatened the punishment of stoning as he regarded muta being an act of fornication. What then is at the bottom of these contradictory traditions? We must therefore regard muta as the survived into Islam of an old Arabian custom.

The Ismailis, Zaidis or the Sunnis reject muta. Modern controversies over the permissibility of muta, however, appears to be more or less theoretical, it is not practised by the Arab Shi'ites of Lebanon and Iraq and even in Iran its social significance appears to be very slight.

Qadi Noman quoted a statement of Imam Jafar Sadik transmitted by Abbad b. Yaqub ar-Rawajini (d. 250/864) in which the Imam condemned it as a form of prostitution, vide Madelung's "The Sources of Ismaili Law" (p. 33).
http://ismaili.net/heritage/node/10643

Well, to me, this is not an issue, firstly, it is a fiqh issue, and i find it rather a case of over-flogging an issue that is worth no significance in our present time.

secondly, i stongly believe, in light of the spirit of Islam, that upholdes the sanctity of a Muslim man and woman relationship, Mutah defeats that sanctity.

Thirdly, i do not see a correlation between mutah and polygyny, its like apples and oranges.

Fourthly, i would like to ask, how is mutah marriage contracted and what are its conditions according to the shia? is there a wali? a witness? is there any form of written agreement? is it possible between two consenting adults only? if i am married, and i traveled, do i need to inform my wife about mutah? is it between Muslims or can be between a Muslim and a non-Muslim?

I have a simple but intelligent response to mutah, well, it is a sunni perspective, and it makes perfect sense, correlating it with my previous quote...


Question:
Dear Sheikh, As-Salamu `Alaykum. I have a friend, who is interested in having information on Mut`ah marriage. Could you please explain for me the Islamic ruling on such marriage? Jazakum Allah khayran.

Answer:
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear sister in Islam, we commend your keenness on getting your self well-acquainted with Islam and its teachings, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

As regards the Islamic ruling on mut`ah marriage, we'd like to cite for you the words of the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, in his will known book, The Lawful and Prohibited in Islam. He writes:

Marriage in Islam is a strong binding contract based on the intention of both partners to live together permanently in order to attain, as individuals, the benefit of repose, affection, and mercy mentioned in the Qur'an, as well as to attain the social goal of the reproduction and perpetuation of the human species. Almighty Allah says: "And Allah has made for you spouses of your own nature, and from your spouses has made for you sons and grandsons...." (An-Nahl: 72)

Now, mut`ah marriage (marriage for the sake of sexual gratification) is a marriage that is contracted by the two parties for a specified period of time in exchange for a specified sum of money. While the Prophet (peace and blessings be upon him) permitted mut`ah marriage during journeys and military campaigns before the Islamic legislative process was made complete, he later forbade it and made it Haram on a permanent basis.

It was initially permitted because the Muslims were passing through what might be called a period of transition from Jahiliyyah (the pre-Islamic period) to Islam. Fornication was widespread among the Arabs before the advent of Islam. After Islam, when Muslims were required to go on military expeditions, they were under great pressure as a result of being away from their wives for long periods of time. Some of the believers were strong in faith, but others were weak. The weak in faith feared that they would be tempted to commit adultery, which is a major sin, while the staunch in faith, on the contrary, were ready to castrate themselves. Ibn Mas`ud narrates: "We were on an expedition with the Messenger of Allah (peace and blessings be upon him) and did not have our wives with us, so we asked Allah's Messenger (peace and blessings be upon him) 'Should we not castrate ourselves?' (The reason for this request was the desire to preserve their chastity, which was in danger of being affected by their unmet needs.) He forbade us from doing so but permitted us to contract marriage with a woman up to a specified date, giving her a garment as a dowry (Mahr)." (Reported by Al-Bukhari and Muslim)

Thus, mut`ah marriage provided a solution to the dilemma in which both the weak and the strong found themselves. It was also a step toward the final legalization of the complete marital life in which the objectives of permanence, chastity, reproduction, love, and mercy as well as the widening of the circle of relationships through marriage ties were to be realized.

We may recall that the Qur'an adopted a gradual course in prohibiting wine and usury, as these two evils were widespread and deeply rooted in the pre-Islamic society. In the same manner, the Prophet (peace and blessings be upon him) adopted a gradual course in the matter of sex. First, he permitted mut`ah marriage as an alternative to zina (fornication and adultery), and at the same time coming closer to the permanent marriage relationship. He then prohibited it absolutely, as all and many other Companions reported. Muslim reports this in his Sahih (Authentic Collection of Hadiths), mentioning that Al-Juhani was with the Prophet (peace and blessings be upon him) at the conquest of Makkah and that the Prophet (peace and blessings be upon him) gave some Muslims permission to contract mut`ah marriages. Al-Juhani said: "Before leaving Makkah, the Messenger of Allah (peace and blessings be upon him) prohibited it." In another version: "Allah has made it Haram until the Day of Resurrection."

The question arises: Is mut`ah marriage absolutely haram, like marriage to one's own mother or daughter, or is it like the prohibition concerning the eating of pork or dead meat, which becomes permissible in case of dire necessity, the necessity in this case being the fear of committing zina?

The majority of the Companions hold the view that after the completion of the Islamic legislation, mut`ah marriage was made absolutely haram. However, Ibn `Abbas (may Allah be pleased with him) holds a different opinion, permitting it in case of dire necessity. A person asked him about marrying women on a haram basis, and he permitted him to do so. A servant of his then asked, "Is this not under hard conditions, when women are few and the like?" and he replied, "Yes." (Reported by Al-Bukhari) Later, when Ibn `Abbas saw that people had become lax and were engaging in haram marriages without necessity, he withdrew his ruling and retracted his previous opinion. (Zad Al-Ma`ad, vol. 4, p. 7)
http://www.onislam.net/english/ask-the-scholar/family/marriage/174789.html

And Allah knows best.

1 Like

Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by Empiree: 4:23am On Oct 30, 2014
Handsome contributions by sino and lanrexlan. Reason i mentioned you two is being from Sunni background, you do not throw insult on this issue. What I dont understand is why would some Sunni brothers (all over internet, YouTube especially) quickly condemn Mu'tah without explanation or incomprehensible explanations. They do this when the matter is about Shia. They condemn it outright. There is nothing to learn in that.

But insightful details given by the two of you with references, a lot can be learned from this. Even AlBaqir recognize that 'Mu'tah marriage' is not anywhere close to conventional marriage in terms of credit. Those brothers on YouTube condemn Mu'tah outright for stun purposes. It doesnt help matter of unity among Muslims at all. Not knowing that some section of Sunni in the middle east even practice something close or worse than Mu'tah, misyar.

Anyways, thanks to brothers Sino and lanrexlan. But there is something i thought would be linked. It's halal and it's in the Quran, 'Malika'yamin'. It's arabic word that's a little difficult to replace with English. I'd thought AlBaqir would link Mu'tah with it but since Mu'tah is made forbidden at some point and 'Malika'yamin' is still valid in the Quran (till Ressurection), then Mu'tah differs from 'Malika'yamin'. It's a bit difficult to define. One thing i know for sure is 'Malika'yamin' are not slaves as some translators of Qur'an wrote. Non-Muslims love to portray them as slaves but they are not. I do have a close definition of it but let me hear from you brothers. However, 'Malika'yamin' is now in cold storage (no longer practice by mainstream Muslims this modern times).

'Malika'yamin' doesnt seem to have anything to do with man away from home for long time nor does it have anything to do with men in warfare. I think that's why some translators usually put in bracket "that your right hand possess" i:e halal. Let's hear what you think it is.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 6:38pm On Oct 30, 2014
Empiree:


Even AlBaqir recognize that 'Mu'tah marriage' is not anywhere close to conventional marriage in terms of credit. Those brothers on YouTube condemn Mu'tah outright for stun purposes. It doesnt help matter of unity among Muslims at all. Not knowing that some section of Sunni in the middle east even practice something close or worse than Mu'tah, misyar.

I'd thought AlBaqir would link Mu'tah with it but since Mu'tah is made forbidden at some point


I don't think have ever argued or dialogues that Mut`a is credible than conventional marriage so I dont understand why you insinuate that I realized....

Besides. brother from which perspective are you saying mut`a was forbidden at some point? Do you even follow this discussion at all or you personal pass judgment based on little hatred for the practice?
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by Empiree: 7:01pm On Oct 30, 2014
@bold is based on ahadith cited by sino and lanrexlan
AlBaqir:


I don't think have ever argued or dialogues that Mut`a is credible than conventional marriage so I dont understand why you insinuate that I realized....

Besides. brother from which perspective are you saying mut`a was forbidden at some point? Do you even follow this discussion at all or you personal pass judgment based on little hatred for the practice?


I think you misunderstood my point. Please read again. Thanks

Even AlBaqir recognize that 'Mu'tah marriage' is not anywhere close to conventional marriage in terms of credit. Those brothers on YouTube condemn Mu'tah outright for stun purposes. It doesnt help matter of unity among Muslims at all. Not knowing that some section of Sunni in the middle east even practice something close or worse than Mu'tah, misyar.

I'd thought AlBaqir would link Mu'tah with it but since Mu'tah is made forbidden at some point
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by sino(m): 10:39pm On Oct 30, 2014
@Empiree,

Islam frowns at illegal sexual intercourse, be it with a free woman, slave or servant. The verses in the Qur'an that talks about "your right hand possesses" can all be explained in terms of those who are allowed to be approached for marriage...I find it a little disturbing when such verses are translated in terms of cohabitation with slaves even by supposed knowledgeable personalities.

This explanation can be found in tafsir tabari of Qur'an 4:24
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by Empiree: 10:49pm On Oct 30, 2014
sino:
@Empiree,

Islam frowns at illegal sexual intercourse, be it with a free woman, slave or servant. The verses in the Qur'an that talks about "your right hand possesses" can all be explained in terms of those who are allowed to be approached for marriage...I find it a little disturbing when such verses are translated in terms of cohabitation with slaves even by supposed knowledgeable personalities.

This explanation can be found in tafsir tabari of Qur'an 4:24
Exactly my position. I really find istdisturbing too
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 7:08am On Oct 31, 2014
Empiree:
@bold is based on ahadith cited by sino and lanrexlanI think you misunderstood my point. Please read again. Thanks


Which ahadith bro? Those very contradictory and inconsistence ahadith? Some hadith reaaoned mut'a was forbidden Forever at khaybar; other said it was later allowed at conquest of Makkah then forbidden forever; then other said it was allowed at the night of awtas. What is your dictionary meaning of Forever?

Worst still if mut'a was truly forbidden why are sahaba continued the practice after the demise of the prophet; and at the time of Abu Baker and umar until the latter forbid it? Alas even umar recognize its prevalent practice at the time of the prophet but choose to forbid it at his own will.

Empiree you are a good reader than this. perhaps you review the dialogue over again.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by Question01(m): 8:08am On Oct 31, 2014
Today is Friday, and since everyone love a pipe bomb on Fridays, here is mine;

sino:
@Empiree,

Islam frowns at illegal sexual intercourse, be it with a free woman, slave or servant. The verses in the Qur'an that talks about "your right hand possesses" can all be explained in terms of those who are allowed to be approached for marriage...I find it a little disturbing when such verses are translated in terms of cohabitation with slaves even by supposed knowledgeable personalities.

This explanation can be found in tafsir tabari of Qur'an 4:24

Peace!

In irony, some weeks ago, you vehemently insisted on the authority of scholars to do the explanation and asserted the need for tafsir. This shouldn't be coming from you in particular.

Like mu'ta or misyar, Sex slaves, concubines has been sanctioned in orthodox Islam for ages. This is supported via hadith and tafsir.


Sunan an-Nasa'i 1125 Book 12, Hadith 97

It was narrated that Aishah said: "I noticed that the Messenger of Allah was missing and I thought he had gone to visit one of his concubines, so I looked for him and found him prostrating and saying: 'O Allah, forgive me for what (sin) I have concealed and what I have done openly'.

Tafsir Ibn Kathir Qur'an 4:24

(Also (forbidden are) women already married, except those whom your right hands possess.) The Ayah means, you are prohibited from marrying women who are already married, (except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant.

Imam Ahmad recorded that Abu Sa`id Al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah 4:24 was revealed, consequently, we had sexual relations with these women.''

This is the wording collected by At- Tirmidhi An-Nasa'i, Ibn Jarir and Muslim in his Sahih. Allah's statement, (Thus has Allah ordained for you) means, this prohibition was ordained for you by Allah. Therefore, adhere to Allah's Book, do not transgress His set limits, and adhere to His legislation and decrees.

Caliphs, Sultans, Emirs and wealthy persons in the past did keep as many concubines as they liked. No scholar saw this as illegal sexual intercourse untill recent times. Denouncing concubines by orthodox muslims is a recent bida that fly in the face or orthodox islamic texts.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by sino(m): 8:35am On Oct 31, 2014
Assalam alaykum @ albaqir, can you please confirm and comment on these quotes?

عن عبد الله بن سنان قال سألت أبا عبد الله عليه السلام عن المتعة فقال: (لا تدنس نفسك بـها) (بحار الأنوار 100/318).

It was narrated by Abdullah Bin Senan said : I asked Abu Abdullah about Mut'ah and he said: "Don't defile yourself with it"
(Bihaar Al-Anwar 100/318).


ولما سأل علي بن يقطين أبا الحسن عليه السلام عن المتعة أجابه:
( ما أنت وذاك؟ قد أغناك الله عنها ) (الفروع 2/43)، الوسائل (14/449)

Ali bin Yaqteen asked Aba Hassan about Mut'ah and he answered : "What is that and You (In Arabic it means what has that got to do with you) Allah had compensated you with something much better" (he meant legal marraige) (Furoo 2/43), (Wasael Al-shia 14/449).
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by sino(m): 8:58am On Oct 31, 2014
@usermane, actually, i was referring to some modern day Muslim personalities, and my proof is from Tafsir Tabari, and i don't think it was written in recent times.

I still strongly believe you need to learn the deen properly and from traditional sources in a dignified Masrasah.

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Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by Question01(m): 10:34am On Oct 31, 2014
sino:
@usermane, actually, i was referring to some modern day Muslim personalities, and my proof is from Tafsir Tabari, and i don't think it was written in recent times.

I still strongly believe you need to learn the deen properly and from traditional sources in a dignified Masrasah.

Hmm....if this is all you have to say, then am even more discouraged to visit your 'dignified Madrasah'. Because, Question01 ask Questions and he would not take silence or half-baked apologetics for answers.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 10:42am On Oct 31, 2014
sino:
Assalam alaykum @ albaqir, can you please confirm and comment on these quotes?

عن عبد الله بن سنان قال سألت أبا عبد الله عليه السلام عن المتعة فقال: (لا تدنس نفسك بـها) (بحار الأنوار 100/318).

It was narrated by Abdullah Bin Senan said : I asked Abu Abdullah about Mut'ah and he said: "Don't defile yourself with it"
(Bihaar Al-Anwar 100/318).


ولما سأل علي بن يقطين أبا الحسن عليه السلام عن المتعة أجابه:
( ما أنت وذاك؟ قد أغناك الله عنها ) (الفروع 2/43)، الوسائل (14/449)

Ali bin Yaqteen asked Aba Hassan about Mut'ah and he answered : "What is that and You (In Arabic it means what has that got to do with you) Allah had compensated you with something much better" (he meant legal marraige) (Furoo 2/43), (Wasael Al-shia 14/449).

The following quote is from shiapen.com in response to the two ahadith above:

The author of Bihar, Shaykh Majlisi has taken the first tradition from a book ‘Al-Nawadir’ by Ahmad bin Muhammad bin Isa al-Ash’ary who has
recorded many traditions on the lawfulness of
Mutah. The statement of Imam Jafar Sadiq (as)
was in reference to the personal situation of
Abdullah bin Sinan since he was a married man
and his sole objective behind Mutah was to derive
sexual pleasure, thus Imam Jafar (as) just
advised him not to do it since it was
‘unnecessary’ for him. Abdullah bin Sinan has
seen the periods of two Imams namely Imam
Baqir (as) and Imam Jafar Sadiq (as). Imam
Jafar al-Sadiq (as) became Imam after his father
and started teaching when He was 31 years old.
Abdullah bin Sinan supposed to be in the same
age of Imam Jafar al-Sadiq (as) because he
probably died before Imam Sadiq (as) or few
months after Imam Sadiq (as). According to this
tradition:


Umar bin Yazid narrated said: ‘I heard Abu Abdullah (as) mentioning Abdullah bin Sinan and
said: ‘He is getting more benefits as he is getting
older.”

1. Rijal Kishi, Volume 2 page 710
2. Min la Yhdruhu al-Faqih, Volume 4 page 431

Which means Abdullah bin Sinan was an elderly man during Imam Jafar al-Sadiq’s time and most probably he was older than Imam Jafar al-Sadiq
(as). Therefore, he cannot be single by that age
because the Shias, in fact all of the people of that
time used to get married in young age and during
Imam Jafar’s (as) time of Imamate, Abdullah bin
Sinan’s age cannot be less than 30s. thus Imam
Jafar (as) just advised him not to do it since it
was ‘unnecessary’ for him. This is similar to the
case of Ibn Yaqtin, a married man who asked
Imam Raza (as) about Mutah, to which the Imam
(as) replied
:
“What you have to do with this, when Allah has made this unnecessary for you.” (Wasa’il, Volume 21, page 22).

As stated by Imam Raza (as), Mutah is ‘unnecessary’ when one’s wife is already present otherwise it may cause problems pertaining to the mistreatment of women. Imam Raza (as) in another hadith has elaborated on the matter as follows:

Imam Abu Hasan (as): “It is Halal, Mubah, Mutlaq, for he whom Allah has not made this
unnecessary through marriage. So seek chastity
through Mutah. If Allah has made this unnecessary for you, then it is permissible for you only when you do not have access to your wife.”

al-kafi, Volume 5 page 453, Hadith 2
Wasail al Shia, Volume 21 page 22 Hadith 26421

Most relevantly a famed Shia work ‘Mustadrak-
ul-Wasail’ (vol 14 page 455) records the tradition
of Abdullah bin Sinan under the chapter of “The
disliking of Mutah when one does not need it and
when it necessitates repulsiveness and mistreatment of women”
this concurs with logic and Quranic injunction.

We are clearly told in the Quran to keep aloof from polygamy if there are chances of commiting injustice against them.
“Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to
deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice,” (4:3)”


And we also read in Sunan Abu Dawood Bab ul
Nikah Book 11, Number 2128:

“The Prophet (peace be upon him) said: When a
man has two wives and he is inclined to one of
them, he will come on the Day of resurrection
with a side hanging down”

Are our opponents prepared to suggest that there
is no harm in keeping a number of wives even if
you do not treat them equally since they believe
that the Holy Prophet (s) himself was unjust to
his wives and he was more tilted towards Ayesha
to the extent that his (s) daughter Fatima Zahra
(as) had to intervene upon the behest of his other
the wives (see Sahih Muslim, Bab Fadil Sahaba
Book 031, Number 5984)?

Though, the tradition of Ali bin Yaqtin is clear in that respect, but the tradition of Abdulah bin Sinan can also be read from another prespective i.e. Imam advised to Ibn Sinan of not performing Mutah was for a specific time and area since the women of that region were not secure during those days.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by Empiree: 1:38pm On Oct 31, 2014
Question01:
Today is Friday, and since everyone love a pipe bomb on Fridays, here is mine;

Lol, a k a usermane is something else grin
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 6:06pm On Oct 31, 2014
sino:

Well, to me, this is not an issue, firstly, it is a fiqh issue, and i find it rather a case of over-flogging an issue that is worth no significance in our present time.

secondly, i stongly believe, in light of the spirit of Islam, that upholdes the sanctity of a Muslim man and woman relationship, Mutah defeats that sanctity.

Thirdly, i do not see a correlation between mutah and polygyny, its like apples and oranges.

Fourthly, i would like to ask, how is mutah marriage contracted and what are its conditions according to the shia? is there a wali? a witness? is there any form of written agreement? is it possible between two consenting adults only? if i am married, and i traveled, do i need to inform my wife about mutah? is it between Muslims or can be between a Muslim and a non-Muslim?


First its like you are jumping two steps ahead. People who condemn muta among Muslims do not know a single ruling on it. their assumption is that you just jump into any woman at anytime at your will.

To your second reasoning above, if that is your assumption of mut'a despite the fact that the legislation is Quranic and prophetic, on what moral sanctity or premise is slaves (those whom your right hand possess) acquired could be converted into concubines? In Sunni interpretations you can buy as many slaves as you can and convert them into concubines - no marriage rites whatsoever.

To your third opinion, really it shows you know nothing about mut'a rulings other than popular assumption. Dear brother kindly read about the jurisprudential rulings on mut'a. Heres Ayatullah Ali Sistani's website:
http://www.sistani.org/english/book/48/2343/
Here all forms of marriage is discussed.

All your questions are answered in sha Allah.

1 Like

Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by sino(m): 8:41am On Nov 01, 2014
AlBaqir:


The following quote is from shiapen.com in response to the two ahadith above:

The author of Bihar, Shaykh Majlisi has taken the first tradition from a book ‘Al-Nawadir’ by Ahmad bin Muhammad bin Isa al-Ash’ary who has
recorded many traditions on the lawfulness of
Mutah. The statement of Imam Jafar Sadiq (as)
was in reference to the personal situation of
Abdullah bin Sinan since he was a married man
and his sole objective behind Mutah was to derive
sexual pleasure, thus Imam Jafar (as) just
advised him not to do it since it was
‘unnecessary’ for him. Abdullah bin Sinan has
seen the periods of two Imams namely Imam
Baqir (as) and Imam Jafar Sadiq (as). Imam
Jafar al-Sadiq (as) became Imam after his father
and started teaching when He was 31 years old.
Abdullah bin Sinan supposed to be in the same
age of Imam Jafar al-Sadiq (as) because he
probably died before Imam Sadiq (as) or few
months after Imam Sadiq (as). According to this
tradition:


Umar bin Yazid narrated said: ‘I heard Abu Abdullah (as) mentioning Abdullah bin Sinan and
said: ‘He is getting more benefits as he is getting
older.”

1. Rijal Kishi, Volume 2 page 710
2. Min la Yhdruhu al-Faqih, Volume 4 page 431

Which means Abdullah bin Sinan was an elderly man during Imam Jafar al-Sadiq’s time and most probably he was older than Imam Jafar al-Sadiq
(as). Therefore, he cannot be single by that age
because the Shias, in fact all of the people of that
time used to get married in young age and during
Imam Jafar’s (as) time of Imamate, Abdullah bin
Sinan’s age cannot be less than 30s. thus Imam
Jafar (as) just advised him not to do it since it
was ‘unnecessary’ for him. This is similar to the
case of Ibn Yaqtin, a married man who asked
Imam Raza (as) about Mutah, to which the Imam
(as) replied
:
“What you have to do with this, when Allah has made this unnecessary for you.” (Wasa’il, Volume 21, page 22).

As stated by Imam Raza (as), Mutah is ‘unnecessary’ when one’s wife is already present otherwise it may cause problems pertaining to the mistreatment of women. Imam Raza (as) in another hadith has elaborated on the matter as follows:

Imam Abu Hasan (as): “It is Halal, Mubah, Mutlaq, for he whom Allah has not made this
unnecessary through marriage. So seek chastity
through Mutah. If Allah has made this unnecessary for you, then it is permissible for you only when you do not have access to your wife.”

al-kafi, Volume 5 page 453, Hadith 2
Wasail al Shia, Volume 21 page 22 Hadith 26421

Most relevantly a famed Shia work ‘Mustadrak-
ul-Wasail’ (vol 14 page 455) records the tradition
of Abdullah bin Sinan under the chapter of “The
disliking of Mutah when one does not need it and
when it necessitates repulsiveness and mistreatment of women”
this concurs with logic and Quranic injunction.

We are clearly told in the Quran to keep aloof from polygamy if there are chances of commiting injustice against them.
“Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to
deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice,” (4:3)”


And we also read in Sunan Abu Dawood Bab ul
Nikah Book 11, Number 2128:

“The Prophet (peace be upon him) said: When a
man has two wives and he is inclined to one of
them, he will come on the Day of resurrection
with a side hanging down”

Are our opponents prepared to suggest that there
is no harm in keeping a number of wives even if
you do not treat them equally since they believe
that the Holy Prophet (s) himself was unjust to
his wives and he was more tilted towards Ayesha
to the extent that his (s) daughter Fatima Zahra
(as) had to intervene upon the behest of his other
the wives (see Sahih Muslim, Bab Fadil Sahaba
Book 031, Number 5984)?

Though, the tradition of Ali bin Yaqtin is clear in that respect, but the tradition of Abdulah bin Sinan can also be read from another prespective i.e. Imam advised to Ibn Sinan of not performing Mutah was for a specific time and area since the women of that region were not secure during those days.

Interesting explanation, which I find lacking still and not convincing enough, for Imam Jafar Sidiq did not mention the reason for his stating that Ibn sinan shouldn't defile himself with mut'ah, nor did it bring a good enough proof to state that ibn sinan was already married. Ibn sinan being married is based on probability, an assumption, unless a clear proof is presented.

The second narration of Ibn Yaqtin can still go with being married, thus, I ask, why is Mut'ah then given much pomp by the shias?! I have come across some narrations from shia books (posted online), praising Mut'ah, and even giving it such glorious status. From what I can infer from the two narrations, the two Imams, disliked it, and advised against it in the most distinct and clear terms to the two questioners. I don't think seeking to take a second wife can warrant such harsh remarks as can be found in this two narrations.

If we go along with the fact that they were married, then, it limits mut'ah to only singles and maybe married men when they travel, and again, from what you had posted so far, it is also limited to those that cannot control their sexual urges, interestingly, you even mentioned it has never crossed your mind nor are you inclined to it, thus establishing that, mut'ah is a case of necessity. Do you agree?
If yes, would it be out of place to liken mut'ah to eating pork for survival? Which I believe is a position held by some sahabas like Ibn Abbas but later convinced that it is haram forever?

Ibn Abbas reported: Verily Mut'ah Marriage was in the beginning of Islam. A man used to go to a city wherein he had no acquaintance for him. So he used to marry a woman for a time which he considered good for his stay. She used to protect his goods for him and cook his food till this verse was revealed "except upon their wives or what their right hands possessed." Ibn Abbas said : Then every private part except of these two became unlawful. (Sunan Tirmidhi)

Most relevantly a famed Shia work ‘Mustadrak-
ul-Wasail’ (vol 14 page 455) records the tradition
of Abdullah bin Sinan under the chapter of “The
disliking of Mutah when one does not need it and
when it necessitates repulsiveness and mistreatment of women” this concurs with logic and Quranic injunction.


Again, I find the above really interesting, for I think the conditions as found in regards to mut'ah are quite repulsive to, and a mistreatment of women, which makes sense for it to be forbidden forever...

one is that, I don't see myself as a father, a brother accepting and allowing mut'ah under my watch, heck I don't see any responsible father accepting such for his daughters...

others are these:
[b]2433. A woman with whom temporary marriage is contracted, is not entitled to subsistence even if she becomes pregnant.

2434. A woman with whom temporary marriage is contracted, is not entitled to share the conjugal bed of her husband, and does not inherit from him, and the husband, too, does not inherit from her. However, if one or both lay down a condition regarding inheriting each other, such a stipulation is a matter of Ishkal as far as its validity is concerned, but even then, precaution should be exercised by putting it into effect.

2435. If a woman with whom temporary marriage is contracted, did not know that she was not entitled to any subsistence and sharing her husband's conjugal bed, still her marriage will be valid, and inspite of this lack of knowledge, she has no right to claim anything from her husband.

2436. If a wife of temporary marriage goes out of the house without the permission of her husband, and the right of the husband is in anyway violated, it is haraam for her to leave. And if the right of her husband remains protected, it is a recommended precaution that she should not leave the house without his permission.[/b]
The above are from http://www.sistani.org/english/book/48/2356/

I limit the conditions I have come across to the above, there are numerous conditions I have read online, which are really mind boggling, and they are reported from al kafi and other shia sources...

Its like why is it called marriage in the first instance?! It goes against the Qur'anic injuction of love and mercy Allah placed between husband and wife, it sure is like a contract only for sex! And seems to only protect the man and the woman remains vulnerable.


قال أمير المؤمنين صلوات الله عليه:
( حرم رسول الله صلى الله عليه وآله يوم خيبر لحوم الحمر الأهلية ونكاح المتعة) انظر (التهذيب 2/186)، (الاستبصار 2/142) ، (وسائل الشيعة 14/441).Wasail Shiah, Istibsar and Tahzib.

The above hadith is recorded in shia books, and reiterates mutah is forbidden by the Prophet (SAW), from my research, it has a good chain of narrators from ahl-l-bayt, it is narrated from the son of Imam Zeynul Abedeen, Zayd. Zayd narrates this Hadith from his fathers, in other words he narrates it from Imam Zeynul Abedeen, the fourth "imam" of 12 Imami shiahs, and he narrates from his father, Hussein ibn Ali, the son of Ali ibn Abi Talib. This hadith is also found in sunni books, and it is graded sahih, which I believe gives a strong backing to the fact that mut'ah is haram.

I came across this hadith, which i think clarify that Umar (RA) did not forbade mut'ah by his own volition, but rather following the Prophet's orders....

Ibn Umar (ra) said that when Omar ibn Khattab (ra) became the Caliph he addressed the people and said: Verily, Allaah's Messenger (SAW) granted us the permission of temporary marriage three times. Then he declared it unlawful. By Allaah! I do not know any one contracting a temporary marriage while he is fortified by wedlock, but I shall stone him to death except that he presents four men who bear testimony that Allaah's messenger (SAW) made it lawful after he had made it unlawful. (Source: Sunan Ibn Majah, Chapter: Temporary Marriage)

We can easily understand that, during the time of the Prophet (SAW) and the Sahabas(RA), there would be communication lapses, some will hear things, while others might not, it is not like our present day in which everyone can be contacted within seconds. Also, mut'ah is not really widespread, it is not an act that is practiced everyday, according to some narrations, it was only allowed during expeditions and the likes, its rulings can easily be forgotten and for the fact that permanent marriage is what is promoted in the Qur'an in numerous verses, and several Hadith of the Prophet (SAW).

Applying our God given intellect brother, it wouldn't really take me quoting the whole kutub sitah before it is clear the flaws in mut'ah. Whether it is forbidden at khaybar, fathi makah or even during the time of Umar (ra), there is a strong evidence that it was forbidden by the Prophet (SAW), and Qur'an 4:24 can easily be explained without reference to mut'ah at all, which negates that it is an injunction for mut'ah by Allah (SWT), hence no need for abrogation of one verse by another.

I hope you see reason with my submissions.

1 Like

Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by sino(m): 8:57am On Nov 01, 2014
AlBaqir:


First its like you are jumping two steps ahead. People who condemn muta among Muslims do not know a single ruling on it. their assumption is that you just jump into any woman at anytime at your will.

To your second reasoning above, if that is your assumption of mut'a despite the fact that the legislation is Quranic and prophetic, on what moral sanctity or premise is slaves (those whom your right hand possess) acquired could be converted into concubines? In Sunni interpretations you can buy as many slaves as you can and convert them into concubines - no marriage rites whatsoever.

To your third opinion, really it shows you know nothing about mut'a rulings other than popular assumption. Dear brother kindly read about the jurisprudential rulings on mut'a. Heres Ayatullah Ali Sistani's website:
http://www.sistani.org/english/book/48/2343/
Here all forms of marriage is discussed.

All your questions are answered in sha Allah.
I agree, most sunnis do not know about mut'ah, cos it is simply stated as forbidden, and hadith are quoted to buttress it. except if a person has really gone through learning about fiqh of marriage.

@bold, Seriously? I can understand usermane making such comments, but not you. Qur'an 4:3 can easily nullify such claims, "what your right hand possesses" is in regards to marriage and nothing more.

I have gone to the site, and read through the rulings, i have made some observation in my previous post.
.

1 Like

Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 3:08pm On Nov 02, 2014
sino:

Interesting explanation, which I find lacking still and not convincing enough, for Imam Jafar Sidiq did not mention the reason for his stating that Ibn sinan shouldn't defile himself with mut'ah, nor did it bring a good enough proof to state that ibn sinan was already married. Ibn sinan being married is based on probability, an assumption, unless a clear proof is presented.

Dear brother it is not every narration you will expect explicit reasons to be stated alongside it. You only get the true meaning of that Hadith by comparing it with other Hadith of the same genre. There are numerous ahadith attributed to Imam Jafar sadiq that permitted mut'a. This suggest this Hadith is given another ruling which makes mut'a makrooh (dislike) when there is no justification for it.

There are various explanation like this in all schools and it is part of science of Hadith.

Besides , the Hadith if Ibn Sinan never in anyway suggest mut'a to be forbidden.

sino:

The second narration of Ibn Yaqtin can still go with being married, thus, I ask, why is Mut'ah then given much pomp by the shias?! I have come across some narrations from shia books (posted online), praising Mut'ah, and even giving it such glorious status. From what I can infer from the two narrations, the two Imams, disliked it, and advised against it in the most distinct and clear terms to the two questioners. I don't think seeking to take a second wife can warrant such harsh remarks as can be found in this two narrations.
No matter how meritorious an act is, if there is no justification for its practice, it is null and void. It is obvious people are sinning on various practices for they rush into this practice based on the Merits on it. I once cited example of polygamy. How many Muslims uphold the condition for it before jumping into it? People treacherously jump into polygamy saying it is sunnah and must be practice. Another good example is Jihad. People are killing and being killed on the basis of merits surrounding Jihad. Nobody seem care about the conditions that uphold jihad.

Mut'a can be halal, mubah, makrooh, mutlaq etc depending on the circumstance at a particular point in time and with individual condition. Islamic law is not rigid but flexible in some cases but no doubt people have abuse this laws.

sino:

If we go along with the fact that they were married, then, it limits mut'ah to only singles and maybe married men when they travel, and again, from what you had posted so far, it is also limited to those that cannot control their sexual urges, interestingly, you even mentioned it has never crossed your mind nor are you inclined to it, thus establishing that, mut'ah is a case of necessity. Do you agree?
If yes, would it be out of place to liken mut'ah to eating pork for survival? Which I believe is a position held by some sahabas like

Absolutely.

sino:

Ibn Abbas but later convinced that it is haram forever?

Ibn Abbas reported: Verily Mut'ah Marriage was in the beginning of Islam. A man used to go to a city wherein he had no acquaintance for him. So he used to marry a woman for a time which he considered good for his stay. She used to protect his goods for him and cook his food till this verse was revealed "except upon their wives or what their right hands possessed." Ibn Abbas said : Then every private part except of these two became unlawful. (Sunan Tirmidhi)

This Hadith is graded Daeef. kindly visit www.sunah.com

Besides it is against the ilm Quran in the fact that the ayah cited in this narration (sura mu'minun: 5-6) was revealed before the verse of mut'a (sura Nisa: 24) . A previous ayah can never abrogated a later ayah.

Interestingly this is the argument of the same Ibn Abbas who argued in favor of the permissibility of mut'a stating that Allah revealed ayah to permit it and no ayah was later revealed to forbid it.

Kindly see the dialogue BTW myself and lanrexlan for full reference.
Re: They Wont Stop Opposing A Sunnah (mut'ah) But Prefer A Bid'ah (misyar) by AlBaqir(m): 3:14pm On Nov 02, 2014
sino:

Again, I find the above really interesting, for I think the conditions as found in regards to mut'ah are quite repulsive to, and a mistreatment of women, which makes sense for it to be forbidden forever...

one is that, I don't see myself as a father, a brother accepting and allowing mut'ah under my watch, heck I don't see any responsible father accepting such for his daughters...

http://www.sistani.org/english/book/48/2356/

I limit the conditions I have come across to the above, there are numerous conditions I have read online, which are really mind boggling, and they are reported from al kafi and other shia sources...

Its like why is it called marriage in the first instance?! It goes against the Qur'anic injuction of love and mercy Allah placed between husband and wife, it sure is like a contract only for sex! And seems to only protect the man and the woman remains vulnerable.

@underlined, that is the reason Islamic sharia is not set based on man's feelings and thinking. How many woman will truly welcome a second woman for example. There are lots if rules in Islam that are not palatable to the so-called moral system of the society. You only need to judge Islam within its codes of laws if you are to be fair. What seem repulsive to you is accepted to others therefore only Allah Has the right to set laws.

That aside, mut'a is a legal contradict between two parties under supervision of a guardian - jurist or Imam. Both parties must be aware of the rules and a woman is given liberty to demand as she wish and set her own terms and conditions.

In fact I see those rulings on mut'a aside the fact that they were derived from various Hadith, as a boast for woman to become aware of the seriousness of mut'a thereby set her own conditions or back away from the practice. See the case of divorce in Islam. A woman has no equal rights as man in the law.

@ Bolded, note that mut'a is makrooh intact some mujtahid declared it haram for a virgin lady. It is strictly limited to widows or some of these independent women like divorcee etc.

You as a father or brother can allow mut'a to take place between your daughter or sister respectively with her fiancee on several conditions agreed by both parties. One of such conditions might be no s.Ex. If such conditions is set, it is up to each party to uphold it as Allah is watchful of our affairs. Those who go against mut'a thought it to be s.ex s.ex s.ex practice but it is not. This makes lot of sense than daughters and sisters enjoying themselves secretly through fornication or masturbation. Mut'a can be design to be a step towards marriage.

@second underlined, there are several reasons expressed by the holy Quran and Hadith for marriage. You only cited one. Another reasons are s.ex and procreation. And of course sense of belonging and protection. prophet's marriage to many women was never because of s.ex, procreation, love and affection but to protect some old widows and restore their pride.

sino:

قال أمير المؤمنين صلوات الله عليه:
( حرم رسول الله صلى الله عليه وآله يوم خيبر لحوم الحمر الأهلية ونكاح المتعة) انظر (التهذيب 2/186)، (الاستبصار 2/142) ، (وسائل الشيعة 14/441).Wasail Shiah, Istibsar and Tahzib.

The above hadith is recorded in shia books, and reiterates mutah is forbidden by the Prophet (SAW), from my research, it has a good chain of narrators from ahl-l-bayt, it is narrated from the son of Imam Zeynul Abedeen, Zayd. Zayd narrates this Hadith from his fathers, in other words he narrates it from Imam Zeynul Abedeen, the fourth "imam" of 12 Imami shiahs, and he narrates from his father, Hussein ibn Ali, the son of Ali ibn Abi Talib. This hadith is also found in sunni books, and it is graded sahih, which I believe gives a strong backing to the fact that mut'ah is haram.

We do not deny this Hadith. But it is graded daeef on the ffg points:

1. The chain is weak in our recordings.
2. A reported sayings cannot abrogate an existing ayah of the holy Quran. As Allah says in the holy Quran, only a new ayah can abrogate another ayah.
3. Another sahih Hadith nullify this. Imam Ali was reported to have said: "Had Umar not forbidden mut'a, only the wretched will commit zina"

NB: Pls go back to lanrexlan and myself's dialogue to view the references.

This Hadith is equally graded sahih by the Sunnis. Had Imam Ali ever reported the Hadith that prophet has forbidden mut'a, he would never later ascribed the forbid to umar.

sino:

I came across this hadith, which i think clarify that Umar (RA) did not forbade mut'ah by his own volition, but rather following the Prophet's orders....

Ibn Umar (ra) said that when Omar ibn Khattab (ra) became the Caliph he addressed the people and said: Verily, Allaah's Messenger (SAW) granted us the permission of temporary marriage three times. Then he declared it unlawful. By Allaah! I do not know any one contracting a temporary marriage while he is fortified by wedlock, but I shall stone him to death except that he presents four men who bear testimony that Allaah's messenger (SAW) made it lawful after he had made it unlawful. (Source: Sunan Ibn Majah, Chapter: Temporary Marriage)

1. Kindly set your reference right for I don't think there is such chapter as "temporary marriage" in Ibn Majah.

2. Assuming there is, what is the grading of that hadith?

3. There are numerous sahih Hadith attributed to Umar in his sermon that clearly stated him to have forbidden mut'a on its own will. In fact, in his sermon he says "mut'a is used to be practice during the time of the prophet but I forbid it henceforth... "

This Hadith has many sahih chains and shawahid compare to that single Hadith.

Various Sunnis Imam like Suyuti, tabari, wahidi et al claimed Umar to be the 1st to forbid mut'a. I have cited reference to this.

4. I personally saw that Hadith as a con and fabricated one to support Umar so that the world will not against him having rule against Allah and His prophet. My resolution is the case of Tarawih. kindly check maclatunji's side talk thread to see tbaba and Albaqir's dialogue on that.

sino:

We can easily understand that, during the time of the Prophet (SAW) and the Sahabas(RA), there would be communication lapses, some will hear things, while others might not, it is not like our present day in which everyone can be contacted within seconds. Also, mut'ah is not really widespread, it is not an act that is practiced everyday, according to some narrations, it was only allowed during expeditions and the likes, its rulings can easily be forgotten and for the fact that permanent marriage is what is promoted in the Qur'an in numerous verses, and several Hadith of the Prophet (SAW).

Applying our God given intellect brother, it wouldn't really take me quoting the whole kutub sitah before it is clear the flaws in mut'ah. Whether it is forbidden at khaybar, fathi makah or even during the time of Umar (ra), there is a strong evidence that it was forbidden by the Prophet (SAW), and Qur'an 4:24 can easily be explained without reference to mut'ah at all, which negates that it is an injunction for mut'ah by Allah (SWT), hence no need for abrogation of one verse by another.

I hope you see reason with my submissions.

I agree with you on communication laspes then, but definitely not on this case. My resolution is the case of Forbidden of mut'a at the conquest of makkah . Ibn sabra aljuhanni was the only sahaba who reported it despite the fact that tens of thousands of companions were present and reported many sayings of the prophet. In fact Ibn Sabra claimed to have seen the prophet while addressing the public.

Lastly, Nearly ALL Sunnis muffassir concur that verse 24 of al-nisa was revealed for mut'a. Besides the word used in this verse "istamtatum" is exactly the same word used in several ahadith that showed the legality of mut'a. This word is the root verb of mut'a. I have explained this before.

In lieu of this clear argument, there is no way you can interpret this ayah outside its meaning. Many companions like Ibn Mas'ud, Ibn Abbas used to read the verse with additional phrase "for a fixed time."

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