In the name of Allah most gracious most merciful
Assalaamuaalaikum wa rahmatuallahi wa barakatahu
Is Muta [Temporary Marriage] Allowed in Islaam?
In Arabia there was a custom of men and women marrying temporarily,with their terms and conditions.
Few people considered verse 4:24 as sanctioning Muta,and they thought it was later abrogated.Though the theory of abrogation is true in Quran and hadith
but incase of muta its entirely not found in Quran.
first Quranic verse will be discussed later hadith relatied to the topic will be discussed InshAllah.
4:24 Also (prohibited are) women already married except those whom your right hands possess. Thus hath Allah ordained (prohibitions) against you:
except for these all others are lawful provided ye seek (them in marriage) with gifts from your property desiring chastity not lust. Seeing that ye
derive benefit from them give them their dowers (at least) as prescribed; but if after a dower is prescribed ye agree mutually (to vary it) there is
no blame on you and Allah is All-Knowing All-Wise.
Transliteration Wal muhsana_tu minan nisa_'i illa_ ma_ malakat aima_nukum, kita_balla_hi 'alaikum, wa uhilla lakum ma_ wara_'a za_likum an tabtagu_ bi
amwa_likum muhisinan gaira musa_fihin(a), ***famastamta'tum bihi ***minhunna fa a_tu_hunna uju_rahunna faridah(tan), wa la_ juna_ha 'alaikum fima_
tara_daitum bihi mim ba'dil faridah(ti), innalla_ha ka_na'aliman hakima_(n).
Muta, Istamta, are derived from mata
This word is explained in Lisanal-Arab, quoting "Zajjaj" as saying about the Ayah 4:24, "This is an Ayaah while interpreting of which some people have
committed a great blunder owing to their ignorance of Arabic. They have inferred from it the legality of Muta (temporary marriage, which is unlawful
in Islam). The Arabic idiom does not countenance this use of Istamta with regard to a woman in the sense of temporary connection. Tamata' bil mar'ati
means he benefited by a woman temporarily, but Istamta bikadha means he benefited by her for a long time."
It must also be noted that whenever the noun "tamattu" is used to denote temporary connection, it is followed by the proposition "ba" put before the
word standing for woman as in the above example, but in the expression (4:24) the pronoun is preceded by the proposition 'min.'
to observe the very phrase used in the Ayaah 4:24 highlight the phrase in
read text.
4:24 Transliteration-Wal muhsana_tu minan nisa_'i illa_ ma_ malakat aima_nukum, kita_balla_hi 'alaikum, wa uhilla lakum ma_ wara_'a za_likum an
tabtagu_ bi amwa_likum ***muhisinan gaira musa_fihin(a),*** famastamta'tum bihi minhunna fa a_tu_hunna uju_rahunna faridah(tan), wa la_ juna_ha
'alaikum fima_ tara_daitum bihi mim ba'dil faridah(ti), innalla_ha ka_na'aliman hakima_(n).
***muhisinan gaira musa_fihin(a),***
translation-Also (prohibited are) women already married, except those whom your right hands possess: thus hath Allah ordained (prohibitions) against
you: except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,*** binding yourself in marriage,
and not only for lust.*** Seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed,
ye agree mutually (to vary it), there is no blame on you, and Allah is All-Knowing All-Wise.
*** binding yourself in marriage, and not only for lust.***
above with slight modifications taken from .islam-is-the-only-solution.com
HADITH ABOUT MUTA:
Muta [temporary marriage ] was practised by people of Arabia .Quran was revealed in stages which took many years .So many practises was abrogated
in stages of time periods.Muta was practised but later abrogated.Muta was pratised when women where few in number but again it was abrogated.
Sahih Al-Bukhari HadithHadith 7.13A Narrated byAbdullah
We used to participate in the holy battles led by Allah's Apostle and we had nothing (no wives) with us. So we said, "Shall we get ourselves castrated?"
He forbade us that and then allowed us to marry women with a temporary contract (2) and recited to us: "O you who believe! Make not unlawful the
good things which Allah has made lawful for you, but commit no transgression." (5.87)
Translation of Sahih Muslim, Book 8, Number 3253
"Rabi' b. Sabra reported that his father went on an expedition with Allah's Messenger (may peace be upon him) during the Victory of Mecca, and we stayed
there for fifteen days (i. e. for thirteen full days and a day and a night), and Allah's Messenger (may peace be upon him) permitted us to contract
temporary marriage with women. So I and another person of my tribe went out, and I was more handsome than he, whereas he was almost ugly. Each one of us
had a cloaks, My cloak was worn out, whereas the cloak of my cousin was quite new. As we reached the lower or the upper side of Mecca, we came
across a young woman like a young smart long-necked she-camel. We said: Is it possible that one of us may contract temporary marriage with you? She
said: What will you give me as a dower? Each one of us spread his cloak. She began to cast a glance on both the persons. My companion also looked at her
when she was casting a glance at her side and he said: This cloak of his is worn out, whereas my cloak is quite new. She, however, said twice or thrice:
There is no harm in (accepting) this cloak (the old one). So I contracted temporary marriage with her, and I did not come out (of this) until Allah's
Messenger (may peace be upon him) declared it forbidden. [Sahih Muslim HadithHadith 3252 Narrated bySabrah ibn Ma'bad al-Juhani also]
Sahih Al-Bukhari HadithHadith 7.52 Narrated byJabir 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 Al-Bukhari HadithHadith 9.90B Narrated byAbdullah
Nafi narrated to me that 'Abdullah said that Allah's Apostle forbade the Shighar. I asked Nafi', "What is the Shighar?" He said, "It is to marry the
daughter of a man and marry one's daughter to that man (at the same time) without Mahr (in both cases); or to marry the sister of a man and marry
one's own sister to that man without Mahr." Some people said, "If one, by a trick, marries on the basis of Shighar, the marriage is valid but its
condition is illegal." The same scholar said regarding Al-Mut'a, "The marriage is invalid and its condition is illegal." Some others said, "The
Mut'a and the Shighar are permissible but the condition is illegal."* note:some people said that it was legal but it was made clear that it was
not legal.
Ibn Abbas did not see any Harm in Muta. Ali said it was made illegal.And ibn Abbas clarified his stance.Please read the following two hadith in context.
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Sahih Al-Bukhari HadithHadith 9.91 Narrated byMuhammad bin Ali
'Ali was told that Ibn 'Abbas did not see any harm in the Mut'a marriage.'Ali said, "Allah's Apostle forbade the Mut'a marriage on the Day of the
battle of Khaibar and he forbade the eating of donkey's meat." Some people said, "If one, by a tricky way, marries temporarily, his marriage is
illegal." Others said, "The marriage is valid but its condition is illegal."* note:some people said that it was legal but it was made clear
that it was not legal.
Al-Tirmidhi HadithHadith 3158 Narrated byAbdullah ibn Abbas
The temporary marriage applied only in the early days of Islam. A man would come to a settlement where he had no acquaintance and marry a woman for the
period it was thought he would stay there, and she would look after his belongings and cook for him. But Ibn Abbas said that when the verse came
down, "Except their wives or the captives their right hands possess," intercourse with anyone else became unlawful.
Tirmidhi transmitted it.
Sahih Al-Bukhari HadithHadith 5.527 Narrated byAli bin Abi Talib
On the day of Khaibar, Allah's Apostle forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat.
Sahih Al-Bukhari HadithHadith 7.50 Narrated byAli
I said to Ibn 'Abbas, "During the battle of Khaibar the Prophet forbade (Nikah) Al-Mut'a and the eating of donkey's meat."
Sahih Al-Bukhari HadithHadith 7.432 Narrated byAli
Allah's Apostle prohibited Al-Mut'a marriage and the eating of donkey's meat in the year of the Khaibar battle.
Al-Muwatta Hadith
Hadith 28.41
Temporary Marriage
Yahya related to me from Malik from Ibn Shihab from Abdullah and Hasan, the sons of Muhammad ibn Ali ibn Abi Talib from their ather, mayAllah be pleased
with him, that the Messenger of Allah, may Allah bless him and grant him peace, forbade temporary marriage with women and the flesh of domestic
donkeys on the Day of Khaybar.
Sunan of Abu-DawoodHadith 2068 Narrated bySaburah ibn Ma'bad al-Juhani
The Apostle of Allah (peace be upon him) prohibited temporary marriage with women.
Sunan of Abu-DawoodHadith 2105 Narrated byJabir ibn Abdullah
The Prophet (peace be upon him) said: If anyone gives as a dower to his wife two handfuls of flour or dates he has made her lawful for him. AbuDawud
said: This tradition has been narrated by AbdurRahman ibn Mahdi, from Salih ibn Ruman, from AbuzZubayr on the authority of Jabir as his own statement
(not going back to the Prophet). It has also been transmitted by AbuAsim from Salih ibn Ruman , from AbuzZubayr on the authority of Jabir who said:
During the lifetime of the Apostle of Allah (peace be upon him) we used to contract temporary marriage for a handful of grain.
Sahih Muslim HadithHadith 3251 Narrated bySalamah ibn al-Akwa'
Allah's Messenger (peace be upon him) gave sanction for contracting temporary marriage for three nights in the year of Awtas and then forbade
it.
Some people were unaware of Muta abrogation.Later they learned about its abrogation.
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Muslim, Book 008, Number 3248:
Ibn Uraij reported: 'Ati' reported that Jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different
things, and then they made a mention of temporary marriage, whereupon he said: yes,we had been benefitting ourselves by this temporary marriage
during the life time of prophet [peace be upon him] and during the time of Abu bakr and Umar.
When they learned that it is not permitted then never resorted to it.
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Sahih Muslim HadithHadith 2874 Narrated byJabir ibn Abdullah
AbuNadrah reported: While I was in the company of Jabir, a person came and said: There is difference of opinion among Ibn Abbas and Ibn Zubayr about
two Mut'ahs (benefits, Tamattu' in Hajj and temporary marriage with women),
whereupon Jabir said: We have been doing this during lifetime of Allah's
Messenger (peace be upon him), and then Umar forbade us to do so, and we
never resorted to them.
Al-Muwatta Hadith
Hadith 28.42
Temporary Marriage
Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr that Khawla ibn Hakim came to Umar ibn al-Khattab and said, ''Rabia ibn Umayya
made a temporary marriage with a woman and she is pregnant by him.'' Umar ibn al-Khattab went out in dismay dragging his cloak, saying, "This
temporary marriage, had I come across it, I would have ordered stoning and done away with it! "
Muslim, Book 008, Number 3255:
Sabra al-Juhanni reported on the authority of his father that while he was with Allah's messenger [peace be upon him]He said:o people,i had permitted
you to contract temporary marriage with women ,but Allah has forbidden it [now] until day of ressurection.. So he who has any (woman with this type of
marriage contract) he should let her off, and do not take back anything you have given to then (as dower).
These are the hadith dealing with Muta subject,many are repetitions.
Muslim, Book 008, Number 3243: Muslim, Book 008, Number 3244: Muslim, Book 008, Number 3245:
Muslim, Book 008, Number 3246: Muslim, Book 008, Number 3247:Muslim, Book 008, Number 3248:
Muslim, Book 008, Number 3252: Muslim, Book 008, Number 3253: Muslim, Book 008, Number 3255:
Muslim, Book 008, Number 3257: Muslim, Book 008, Number 3258: Muslim, Book 008, Number 3259:
Muslim, Book 008, Number 3260: Muslim, Book 008, Number 3261: Muslim, Book 008, Number 3262:
Muslim, Book 008, Number 3263: Muslim, Book 008, Number 3265: Muslim, Book 008, Number 3266:
Muslim, Book 008, Number 3267: Muslim, Book 007, Number 2874: Muslim, Book 008, Number 3249:
Muslim, Book 008, Number 3250:
Allah knows best.
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