Initial Practice & Legality of Mut'a

There is a consensus among Shi'i and Sunni scholars that Nikah-e-Mut'a was lawful during Hazrat Muhammad’s (S) era. Ibn Kathir writes:

"There's no doubt the in the outset of Islam, Mut'a was allowed under the Shari'ah".

However, there is a small disagreement on how long these periods were, how frequent, or if they were legal all the time. In either case, all scholars agree based on the hadith that Hazrat Muhammad (S) even told people to engage in the temporary marriage, something of which Shi'is are notable, since Hazrat Muhammad (S) never told people to drink alcohol, thus arguing that the marriage form cannot be deemed immoral.

According to Sachiko Murata, a scholar of Theology from Tehran University:

At that time (the time of revelation of verse 4:24) the men of Medina used to 'seek enjoyment' from women for a limited period of time in exchange for a specified sum of money. By its revelation this verse (4:24) in effect confirmed an existing situation; and it emphasized that men must fulfill their promises concerning the agreed upon sum.
(“Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

Waheed uz-Zaman, a Sunni Deobandi Islamic scholar writes:

One the topic of Mut'a, differences have arisen amongst the Sahaba, and Ahl'ul Hadith, and they deemed Mut'a to be permissible, since Mut'a under the Shari'ah was practiced and this is proven, and as evidence of permissibility, they cite verse 24 of Surah Nisa , as proof. The practice of Mut'a is definite and there is ijma' (consensus) on this and you can't refute definite proof by using logic.

Al-Qurtubi, a 13th century Sunni scholar, in his “Tafsir al-Qurtubi” Volume 5, page 32, in the tafsir of Surah an-Nisa:

All the early scholars have no disputes that Mut'a is Nikah for a set period of time, this Nikah has no inheritence and man and woman separate when the time expires.

Sachiko Murata quotes Allama Fakhr-al-Din al-Razi, an 11th Century, Sunni theologian, from his “Tafsir al-Kabir” as saying:

…mut'a was at first permitted. The Prophet made a 'lesser pilgrimage' ('umra) to Mecca, and the women of Mecca made themselves up especially for the occasion. Some of the Companions complained about their long separation from their wives, and the Prophet replied: 'Then go and enjoy (istimta') these women.'
(“Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

A narration attributed to Abdullah ibn Mas’ud and Jarir says:

We were on an expedition with Allah's Messenger (S) 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).

(See: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/008.smt.html#008.3250, http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/060.sbt.html#006.060.139)

In Sahih al Bukhari, Volume 2, page 774, (Printed, Karachi, Muhammad Saeed and Sons) The Urdu translation of this narration translated the order of Muhammad as "Go and find a woman that agrees and marry her for a few days” This very tradition has also been recorded on the authority of Ibn Abbas in Musnad Ahmad ibn Hanbal Volume 7, page 93.

Also, just after this hadith Sahih Muslim narrates another Hadith which is very notable:

This hadith has been narrated on the authority of Isma'il with the same chain of transmitters (and the words are):" We were young, so we said: Allah's Messenger, should we not have ourselves castrated? But he (the narrator) did not say; we were on an expedition." (See: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/008.smt.html#008.3245)

If this hadith is ‘Sahih’ then it is giving an impression that Mut'a was not only allowed if one is away from home but also if he is young and cannot control his emotions due to immaturity.

A narration attributed to Jabir ibn Abdullah and Salama ibn al-Akwa reports:

While we were in an army, Allah's Apostle (S) came to us and said, "You have been given permission to do Mut'a, so do Mut'a" 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.

(See: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/062.sbt.html#007.062.052)

Shi'i often use it to stress that Muhammad actually is quoted ordering people to "do Mut'a", arguing that this rends the argument of the practice being immoral incompatible with the view of Muhammad being a divine prophet. Also noteworthy, Muhammad Muhsin Khan in his “The Translation of the Meanings of Sahih Al-Bukhari” choose to translate the quote to “You have been allowed to do the Mut'a (marriage), so do it”.

Ibn Hajar Asqalani, a 15th century Shafi`i Islamic scholar, writes:

Mu'awiya contracted Mut'a with a woman from Ta'if and this narration carries a sahih chain. When Mu'awiya arrived in Ta'if, he performed Mut'a with an unnamed slave belonging to Banu Hazrmee called Ma'ana, Jabir states that remained alive throughout Mu'awiya's reign, and he gave her yearly stipends every year.

Multiple sources state that Asma bint Abu Bakr, the daughter of Hazrat Abu Bakr (RA), was engaged in a Nikah-e-Mut'a with Zubayr ibn al-Awwam, whom the Sunnis regard as one of The Ten Promised Paradise. This union is said to have resulted in several children.

Abd ar-Razzaq, a 9th century Sunni Islamic scholar, writes:

A beautiful Iraqi women resided in Makka, Saeed bin Jabeer Jubayr intended on visiting her, I asked why he spend so much time with the women, he said 'he had performed Nikah-e-Mut'a with the women, and that Nikah-e-Mut'a was more Halal than drinking water."