Temporary marriage

 

This is also a hotly debated topic between Sunnis and Shias. The Sunnis consider this akin to prostitution. The Shia on the other hand have this ruling because it is in nature of men to be attracted towards women therefore there needs to be a legal justification for having sexual intercourse.

Those who do not understand the reason why polygyny is permissible in Islam should know that prostitution and illicit relations outside marriage are common evils of society today. Islam provides a legal way to it. Islam gives women their rights i.e. if you marry more women then you have to give dowry, the woman cannot keep relationship with other men while she is married. The proofs which Shias use to justify temporary marriage are:

Qur’an states: And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise. [Sahih International: 4:24]

This verse uses the word “Istamtatum” which according to twelver Shias is exact word for Mut’ah. The Sunnis, Zaydi Shia, Mutazila, Ibazi, and even Ismaeeli Shia on the other hand, believe that word Istamtatum does not refer to Mutah according to dictionary meanings. Rather it means to give dowry quickly after taking benefit from your wives.

There are many hadiths which Shias use from Sunni literature in regards to Mut’ah, for example.

أخبرنا أبو زكريا العنبري ثنا محمد بن عبد السلام ثنا إسحاق بن إبراهيم أنبأ النضر بن شميل أنبأ شعبة ثنا أبو سلمة قال : سمعت أبا نضرة يقول قرأت على ابن عباس رضي الله عنهما {فما استمتعتم به منهن فآتوهن أجورهن فريضة} قال ابن عباس: فما استمعتم به منهن إلى أجل مسمى قال أبو نضرة : فقلت ما نقرأها كذلك فقال ابن عباس : والله لأنزلها الله كذلك

Abu Naḍrah said:

I read to Ibn ‘Abbas: {Those of them with whom you contract mut’ah, give them their prescribed dowries} [4:24]. He said: “{Those of them with whom you contract mut’ah for a specified period}”. Abu Naḍrah said: I said, “We do not recite it like that!” Ibn ‘Abbas replied, “I swear by Allah, Allah certainly revealed it like that.”

Al- Hakim comments:

هذا حديث صحيح على شرط مسلم

This hadith is sahih upon the standard of (Imam) Muslim.

And Imam al- Dhahabi (d. 748 H) concurs:

على شرط مسلم

Upon the standard of (Imam) Muslim

[Mustadrak al Hakim Hadith # 3191. Translation taken from leading shia website al- islam.org]

Even though this narration is authentic in chain but not acceptable in content.

Abdullah (b. Mas'ud) reported: We were on an expedition with Allah's Messenger (ﷺ) and we had no women with us. We said: Should we not have ourselves castrated? 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). [Sahih Muslim 8.3243]

It is in undeniable nature of most men that if they stay away from women for a long time then they get extreme desire to have sex. Islam has hence allowed men to marry more women or keep them for a period of time in marriage contract (The latter was allowed before but later became prohibited).

There are some hadiths in Sunni literature that prove mut’ah to be valid even after tenure of Prophet (Peace be upon him), tenure of  Abu Bakr (ra) and initial times of Caliphate of Umar (ra):

Jabir 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 benefiting ourselves by this temporary marriage during the lifetime of the Prophet (ﷺ) and during the time of Abu Bakr and 'Umar. [Sahih Muslim, Hadith # 3248]

This hadith proves that Mut’ah kept on happening even during tenure of Abu Bakr (RA) and Umar (RA), then according to twelver Shia, Umar (RA) was the one who made it unlawful. However in reality Umar (ra) forbade it following Marfu hadiths from Prophet (Peace be upon him) and it became obvious to all Sahaba that It had been forbidden before by Prophet (Peace be upon him), and other Sahaba to whom these hadtihs had not reached they became sure as well that It was forbidden.

There were some Sahaba like Ibn Abbas (ra) who kept on permitting Mut’a. However It is authentically reported that he repented. (For Proofs over repentance see: Jami’i Tirmidhi #  1121 i.e. Imam Tirmidhi’s explanation below. Musnad Abu Awanah # 3284, Dar al Kutb al Ilmiyyah edition. The chain is authentic. Abu Bakr al Jassas in Ahkam al Qur’an 3/102. Imam Nawawi in Sharh Sahih Muslim 9/181. Imam Ibn Humam, Fath al Qadeer 3/247. Imam Ibn Nujaym, Bahr ar Raiq 3/115)

Narrated Abu Jamra: I heard Ibn `Abbas (giving a verdict) when he was asked about the Mut'a with the women, and he permitted it (Nikah- al- Mut'a). On that a freed slave of his said to him, "That is only when it is very badly needed and women are scarce." On that, Ibn `Abbas said, "Yes." [Sahih Bukhari Vol. 7, Book 62, Hadith 51]

The Sunnis however have definitive proofs from Prophet (Peace be upon him) that Mut’ah was forbidden, ironically one hadith comes from none other but Sayyiduna Ali (a.s).

Narrated Ali bin Abi Talib: On the day of Khaibar, Allah's Messenger (ﷺ) forbade the Mut'a (i.e. temporary marriage) and the eating of donkey- meat. [Sahih Bukhari, 5.527]

 

Shia blame Sayyiduna Umar (ra) for  innovating that Mutah was forbidden. However It is proven from many Marfu (elevated) hadiths that Prophet (Peace be upon him) forbade it himself. Here are two more hadiths from other than Sayyiduna Ali (ra)

 

Sabra al- Juhani reported on the authority of his father that while he was with Allah's Messenger (ﷺ) he said:

O people, I had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. 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 them (as dower).[Sahih Muslim Book 8, Hadith 3255]

Salama b. al- Akwa said that in the year of Autas God's Messenger permitted a temporary marriage for three nights, but afterwards he prohibited it. Muslim transmitted it.[Mishkat # 3148]

Shia use two weak hadiths to blame Sayyiduna Umar (ra). First one states:

Ibn Abbas (ra) said: May Allah have mercy on Umar (ra), Mutah is nothing but an allowed matter from Allah. Allah showed mercy through it on the Ummah of Muhammad (Peace be upon him). Had Umar (ra) not forbidden Mutah then only a wretched person would have done fornication. [Musannaf Abdur Razzaq #14021]

First of all this narration is weak as Ibn Juraij narrated it with An i.e. did Tadlees. He is from third category of Mudaliseen and narrations from such people are not acceptable if they narrate with An.

Secondly, Ibn Juraij himself considered Mutah halal and there are statements that he did Mutah upto 90 times. Hence here It is possibly that he had a bias.

Thirdly, Ibn Abbas (ra) later repented on having opinion that Mutah was allowed, hence this narration must be before his repentance.

Something similar is also narrated from Ali (ra) in Tafsir at- Tabri under verse 4:24. That is weak too because Hakm bin Utayba did not meet Ali (ra). Ali (ra) had died 7 years before Hakm was born. Hence this narration is weak. Plus there are authentic Sahih reports from Ali (ra) that Mutah was made Haram [See Mishkaat # 3147, Sahih Bukhari: Vol. 7, Book 62, Hadith 50. Sahih Muslim: Book 8, Hadith 3264. Sahih Muslim: Book 8, Hadith 3266]

Even in twelver Shia literature there are narrations which prove that Mutah was forbidden. Here is first narration:

Imam Zaid bin Ali (rah) narrates from his peternal forefathers (i.e. Zain al Abideen from Hussain bin Ali) from Ali (ra) who said that the Prophet (Peace be upon him and his family) forbade from eating demostic donkey’s meat and Mutah (temporary marriage) on the day of Khaibar. [Tahdhib al Ahkam which is one of the 4 major books of shia, 7/251. Also in Wasail ash Shia 21/12)

Twelver Shia say this narration contains two Aami i.e. Sunni narrators such as Husain bin Alwan and Amr bin Khalid so it is weak. However it is their deception as one big Shia Muhaqiq gave testimony that It is weak due to Zaid bin Ali the Imam of Ahul Bayt and son of Zain ul Abideen (rah) being Naudhobillah misguided.

A reformist Shia scholar and author called Musa al Muswi accepted this narration to be authentic and said: Imam Ali  keeping the forbiddance of Mutah to be intact  means that It was forbidden in tenure of Prophet (Peace be upon him and his family), If that was not the case then It was necessary that Ali would have opposed it to be haram and would have mentioned authentic order of God. The practice of Imam (i.e. Ali) is proof upon Shia. I could not understand how dare our Shia jurists throw it to the wall (Islah Shia, Urdu, Page # 192. Brackets mine)

Second narration: Abdullah bin Sinan said that he asked Abu Abd Ullah (Imam Jafar) about Mutah. He i.e. Imam Jafar said: Do not dirty your soul (nafs) with it. [Mustadrak al Wasail 14/455]

The twelver Shia interpret this narration that Abdullah bin Sinan was a married person and he only wanted to satisfy his lust. This is a false interpretation because Mutah is alwas for satisfying lust for a small period of time, wheter done by married person or not. Plus in Shia fiqh Mutah is allowed both for married and un- married person.

Reconciliation: The Sunni stance is safest in this regard and it safeguards the Ummah from prostitution. No sane father would like his daughter to get into a temporary marriage, nor would anyone like it for his sister or divorced mother. Many Salafi scholars have also tried to justify a marriage called Misyar which is almost identical to Mut’ah. In Nikah Misyar i.e. traveler’s marriage one can keep sexual relations with a woman who lives separately from existing wife and one does not have to give dowry too. Abdullah Bin Baz, a leading authority according to Salafis, gave fatwa that one can marry with the intention of giving divorce after a specified time period (i.e. without uttering it from mouth but just keeping it in heart). The twelver shia try to prove their stance but it is unpopular and we would have to agree that Sunni stance is strongest and absolutely correct. Also Zaydi Shia, Mutazila, Ibazi, even Ismaeeli Shia consider Mutah haram and rightly so.