Muta Marriage for sex ....

[PRINCE_SAQI]

According to Sabra Bin Ma'had AlJuhany who said: I was with my cousin when we passed by a woman who liked my youth and a robe which my companion had. So she offered temporary marriage with the robe as the dowry. I married her and spent the night with her. In the next morning, I went to the mosque and heard the Messenger of Allah (s.a.w.) saying: 'O people, I had permitted you temporary marriage before, whoever of you has any part in it currently must part with her, and do not take back anything which you may have given them, as Allah Exalted and Majestic has forbidden it until the day of resurrection.' " [narrated by Muslim, Abu Dawood, Ibn Majah, Nasa`i, and Darimi]

Ali Bin Abi Taleb (r.a.a.) said that the Messenger of Allah (s.a.w.) had forbidden temporary marriage on the day of Khaybar and had forbidden the eating of the meat of domestic camels. [narrated by bukhary, Muslim, Tirmizy, Ibn Majah, Nasa`i, Tahawy, Shafi'i, Bayhaqy, and Hazimy

Hanafi Mazhab: stated in Fathul Qadir that the temporary marriage is void, and defined this marriage as a man saying to a woman I will enjoy you so many times for a certain sum of money. He also said in AlHashia after dealing with the two different types of temporary marriage, that it is a contract with a woman which is formed with the intention of not providing security or fosterage for a child, instead it is for a fixed period, and the marriage ends with this period, or a non fixed period based on the person's stay with the wife until he decides to leave, and then the contract is ended.

Shafi'i Mazhab: temporary marriage is a marriage for a period, so if it was requested of a guardian to marry his ward for a month, this would be a void marriage.

Maliki Mazhab: temporary marriage is one for a term, as if saying to the guardian allow me to marry your ward for a month for such a fee, if they agree, the marriage would be void and both spouses would be liable to a penalty. This marriage is ended without a divorce, regardless of whether it is before consummation or after.

Hanbali Mazhab: Temporary marriage is a marriage for a term whether fixed or not, there is no difference whether it is labelled as a marriage or not, where the man says to the woman allow me to enjoy you, she says I give you myself for enjoyment, without a guardian or two witnesses. The temporary marriage raises two issues. One for a fixed term having a guardian and two witnesses, or one called enjoyment not having a guardian or witnesses. In both cases it is void.

[Avilos]

I originally posted this in another thread: I will copy it below as this thread has been dragged up again:

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Originally Posted By Avilos:

Brother Star,

Assalamo alaikum,

Mashallah, thank you brother for providing an argument based on evidence that you have presented.

Firstly brother I would like to point out some of the problems with the hadith you have put forward. However I will ONLY comment on these if you feel the the evidence below is not sufficient.

I hope this much will be ample proof.

Most of your case has been built on the refutation of the verse in the quran 4:24 being about Mutah Marriage.

Hence that is the MAIN point i will tackle here. Because once the case for Mutah dissapears from the Quran, then any hadith becomes useless regarding it. So you presented 1 sunni commentators opinion.

Therefore I will present proofs from commentators of the Quran.

BUT AS I ALWAYS DO, I WILL ONLY BASE MY EVIDENCE AND PROOFS FROM AHLUL-SUNNA WAL JAMMA

Fixed-Term/Temporary/Pleasure Marriage are different names for the Arabic word of "Mut'a" which is a contract between a man and woman, much in the same way the Long Term/ Permanent/ Conventional Marriage is. The main difference is that the temporary marriage lasts only for a specified period of time, and man and woman will become stranger to each other after the expiration date without divorce. One misconception regarding temporary marriage is that some people think that the woman engaged in temporary marriage can have contract every other hour. This is completely misrepresentation of temporary marriage. After such contract has been expired, the woman has to wait for two months (Iddah) before which she can not marry any one else. Inshallah I will discuss this issue, among others later in detail.

The first one who legislated Mut'a with all the rules pertaining to it, was the Messenger of Allah (PBUH&HF), after it was revealed in Quran. All Muslims agree that the Messenger of Allah legislated Mut'a and made it legal after his migration to Medina, and the Muslims practiced it during his lifetime. (see al-Mughni, by Ibn Qudamah, v6, p644, 3rd Edition). However there is a disagreement between the Shia and most of the Sunnis concerning whether the Prophet later banned it or not. Most Sunnis assert that although the Prophet legislated it, he later forbade it. This is while the Shia believe that temporary marriage was never abandoned by the Prophet (PBUH&HF). Allah revealed it in Quran, and it was being widely practiced to the end of his lifetime and during the period of Abu Bakr and the early days of Umar's rule, until Umar forbade it.

Brother Star you have alluded in your sources to commentators and implied that the verse quoted does NOT apply to temporary marriage:

For Example you say:
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Originally posted by brother star

"The evidence of its illegality:

Allah Most High says: "So whatever you enjoy from them, give them their recompense, this is an obligation." [4:24]. This is the verse relied on by those who support temporary marriage. "
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So I will highlight and entitle this in response,

The evidince of its legitimacy:

In the above verse, the Arabic equivalent of the word "marriage" or any of its derivatives has NOT been used. Rather the derivative of word "Mut'a" (pleasure/temporary marriage) has been used, i.e., "Istamta'tum". The word Istamta'a is the tenth verbal form of the root m-t-a. As I will show shortly, the word Istamta'a has also been widely used in the authentic Sunni collections for Temporary Marriage. Of course, Mut'a is one type of marriage, but some of it's regulations are different than the permanent marriage, including the fact that the couple can extend this contract by mutual agreement as the end of verse specifies.

Then you go on to quote

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Originally posted by brother star


Ibn Khuwayz Mindad said: There is no support and it is not permissible to use the verse as a permission for temporary marriage as the Messenger of Allah (s.a.w.) has warned against and has forbidden temporary marriage as Allah Most High said: "So marry them with the permission of their families."

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This is the main refutation in your argument after which once it has been disproved from the quran, and a Sunni commentator of the quran, then you present some hadith to back up that view.

However this is one commentators view and is weak in comparison to the of other more established Sunni commenteries on the Quran:

Many Sunni scholars such as Fakhr al-Razi confirm that the above verse (4:24) was revealed about the Temporary Marriage (Mut'a). They straightforwardly mentioned that temporary marriage became Halaal (permitted) DUE TO the above verse, but they assert that it was later prohibited.

It is astonishing that many Sunni commentators mentioned under the above verse that:

Ali (RA) said: The Mut'a is a mercy from Allah to his servants. If it were not for Umar forbidding it, no one would commit (the sin) of fornication except the wretched (Shaqi; an utmost wrong-doer)."

Sunni references:

Tafsir al-Kabir, by al-Tha'labi, under commentary of verse 4:24 of Quran;
Tafsir al-Kabir, by Fakhr al-Razi, v3, p200, commentary of verse 4:24;
Tafsir al-Kabir, by Ibn Jarir al-Tabari, under commentary of verse 4:24 with authentic chain of narrators, v8, p178, Tradition #9042;
Tafsir al-Durr al-Manthoor, by al-Suyuti, v2, p140, from several chain of transmitters;
Tafsir al-Qurtubi, v5, p130, under commentary of verse 4:24 of Quran;
Tafsir Ibn Hayyan, v3, p218, under commentary of verse 4:24 of Quran;
Tafsir Nisaboori, by al-Nisaboori (8th century);
Ahkam al-Quran, by Jassas, v2, p179, under commentary of verse 4:24.

A very similar tradition has also been narrated by Ibn Abbas (RA), and was mentioned by al-Tabari and al-Tha'labi in their Tafsir of Quran.

It is interesting to note that Umar did not attribute the prohibition of Mut'a to the Prophet (PBUH&HF). They were others who did that after Umar mainly to justify what he did. Umar clearly mentioned that: "Mut'a WAS permitted at the time of the Prophet and I PROHIBIT it!"

The great Sunni scholar, Fakhr al-Razi, who has been given the title of "Imam al-Mushakkikeen" (the leader of ever-questioners/ever-doubtful) by the Sunnis, in his voluminous commentary of Quran mentioned under the verse of Temporary Marriage that:

"Umar said: Two types of Mut'a were (legal) during the time of the Prophet and I forbid them both, and I punish those who commit it.

They are: Mut'a of pilgrimage and Mut'a of women. "



Sunni references:

Tafsir al-Kabir, by al-Fakhr al-Razi, v3, p201 under verse 4:24
Musnad Ahmad Ibn Hanbal, v1, p52

As we see from the above quote, Umar did NOT say that Mut'a was canceled by the Prophet. If it was really the Prophet who canceled Mut'a, Umar would have say: The two Mut'a were Halaal and then became Haraam at the time of the Prophet, and I am informing you about the second law set by the Prophet which canceled the first. But it is evident that Umar is straightforwardly saying that he is the one who is making it Haraam!

Al-Zamakhshari, another Sunni commentator of Quran Under the commentary of 4:24, reported that this verse is from the "Muhkamat" of Quran, relating that from Ibn Abbas (RA). (Tafsir al-Kashshaf, by al-Zamakhshari, v1, p519).

Also Both Ibn Jarir al-Tabari and al-Zamakhshari narrated that:

"al-Hakam Ibn Ayniyah was asked if the verse of Mut'a of women is abrogated. He answered: 'No'."

Sunni references:

Tafsir al-Tabari, under commentary of verse 4:24 of Quran, v8, p178
Tafsir al-Kashshaf, by al-Zamakhshari, under the verse 4:24, v1, p519

Also Ibn Kathir mentioned his commentary:

"al-Bukhari declared that Umar used to forbid people on Mut'a."

Sunni reference: Tafsir Ibn Kathir, v1, p233

Also in another Sunni commentary it is reported that:

Umar said, while on the pulpit: "O folk! Three were (allowed) during the time of the Messenger of Allah (PBUH&HF), and I forbid them, and make them Haraam, and punish on them. They were: Mut'a of women, Mut'a of Hajj (pilgrimage), and saying 'Hayya Ala Khair al-Amal'."
Sunni references:

Sharh Al-Tajreed, by al-Fadhil al-Qoshaji, (Imama Section)
al-Mustaniran, by al-Tabari
al-Mustabeen, by al-Tabari


Remark: The third item mentioned above which was prohibited by Umar, is what is said in the Call for Prayer and Iqaamah after the phrase "Hayya Ala al-Falah", and it is practiced by the Shia to this date. It means "Hasten for the best deed". This part of call for prayer was abolished by Umar as well. Instead, he replaced it by the sentence: "Prayer is better than sleep"!

Interesting to know that there are some Sunni scholars who accepted that the Mut'a marriage is legal (Halaal) FOREVER exactly based on the above verse of Quran. Among those scholars are the Tunisian scholar, Shaikh al-Tahir Ibn 'Aashoor, under his Tafsir of the verse 4:24 of Quran. (See al-Tahrir wa al-Tanwir", by al-Tahir Ibn 'Aashoor, v3, p5). And there has been such open-minded scholars who did not allow the love of their leaders affect their judgment.

Some tried to cast doubt about the meaning of "Mut'a", by saying that it literally means pleasure and not necessarily a special type of marriage.

These people, instead of searching for the practical definition of Mut'a in the History, Hadith, and Jurisprudence, they look it up Arabic dictionary! Even the Arabic dictionary gives the practical meaning of Mut'a, that is temporary marriage. All Shia and Sunni scholars agree to this very fact. al-Qurtubi, who is one of the great Sunni commentators of Quran, wrote: "There is NO dispute among the scholars, either early (salaf) and late (khalaf) scholars, that Mut'a is a marriage for a fixed period of time and that it does not involve inheritance."

Replacing the practical meaning and the linguistic meaning is very dangerous and is prohibited in the religious rules, because one may also say, "Salat" (prayer) means praise/supplication and is not necessarily the acts that Muslims do every day. Or "Zakat" (alms) means "to cleans" and is not necessarily paying money, and so on...

Perhaps such people did not even read the traditions related to "Mut'a of women" which gives its practical meaning used at the time of the Prophet and the early Caliphs and how the companions used to contract by a handful of date as dower. Even the English version of Sahih al-Bukhari and Sahih Muslim have translated the word "Mut'a al-Nisa" to "Temporary Marriage," and they also translated "Istimta'a" to "marrying temporarily", and the traditions in that section which is a section in the chapter of marriage, gives the total picture of its meaning. (I will provide many traditions on this matter for you too brother star if what i have presented is not sufficient proof to 1) MUTAH HAS BEEN MADE PERMISSABLE BY ALLAH AND HIS PROPHET & 2) IT WAS PRACTISED IN THE LIFE OF PROPHET AND THE FIRST CALIPH ABU BAKR 3) IT WAS FORBIDDEN BY UMAR USING HIS OWN INTELLECT ON ALLAHS CLEAR COMMANDS)

Again, to stress that Verse 4:24 was revealed about temporary marriage, we present more traditions from the Sunni commentators. Al-Tabari mentioned that:

Mujahid (RA) said: The phrase 'So for whatever you have had of pleasure (Istamta'tum) with them by the contract [4:24]' means the Temporary Marriage (Nikah al-Mut'a)."

Sunni reference: Tafsir al-Tabari, by Ibn Jarir al-Tabari, under the verse 4:24, v8, p176, Tradition #9034.

Also many Sunni commentary books mentioned similar to the tradition of Sahih al-Bukhari with more details and put it under the verse 4:24 of Quran:

Imran Ibn Husain narrated: "The verse of Mut'a (4:24) 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."

Sunni reference:

Tafsir al-Kabir, by al-Tha'labi, under commentary of verse 4:24 of Quran
Tafsir al-Kabir, by Fakhr al-Razi, v3, pp 200,202, under the verse 4:24
Tafsir Ibn Hayyan, v3, p218, under commentary of verse 4:24 of Quran
Tafsir Nisaboori, by al-Nisaboori (8th century)

Brother Star, is the saying and alluding to hadith by ALL of these Sunni commentators of the quran enough as proof? or would you like me to show you the same argument through the books of hadith too?

Just to give you a taster, as well as from the Sahih's which if you require it i can bring you proof, i can also present you with proof from sunni fiqh/history/other books too if you require it.

Here are a small sample which i hope will prove sufficient

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

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


Sunni references:

al-Muwatta', by Malik Ibn Anas, on the topic of Mut'a, v2, p30
Kitab al-Am, by al-Shafi'i, v7, p219
Sunan al-Kubra, by al-Bayhaqi, v7, p206

al-Raghib al-Isbahani reported:

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

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



BROTHER STAR, IN YOUR LAST POST YOU SAID....


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Originally posted by brother star

Naturally, instinct would warn us off temporary marriage in this day and age - but we cannot rely on instinct - and that is where Religious opinion must be accepted.

Hence, if as you appear to do so, you agree with the practice of Muta, Brother Nur - then you should follow and indeed apply it, should you consider it necessary..

Those who consider it forbidden would do best to avoid it.


It comes down to which school of thought one subscribes to.

I am in the latter category.
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It is also reported that:

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

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

I bring your attention to these words:

" so we accepted the witness of Umar (that Allah and His Prophet permitted it) but we did not accept his prohibition."

The shia are in this category.

Wassalam

Allahuma Salle Alla Muhammed wa Alay Muhammed

[Avilos]

Salam,

In addition to my above post i might just add - For those who provide traditions that Mutah was forbidden.

Traditions by NECESSITY have to run in accordance with the quran not against it, otherwise they are to be ignored.

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

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

And there are more problems with these three traditions on forbidding the temporary marriage which inshallah I will discuss when I have more time. My humble suggestion is what the Prophet recited when he allowed the Temporary marriage:

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

Wassalam

Allahuma salle ala Muhammed wa alay Muhammed

[iamsocool363]

Ok number one is just wrong! For sexual pleasures and desires what all people can do these days! o.0