Prohibition by Hazrat Muhammad (S) (Part 2)

Most Sunni argue that this hadith unambiguously proves the prohibition of Mut'a. This is mostly due to the hadith being included in the Two Sahihs: Sahi Muslim and Sahih Bukhari, the later being referred to as "The most authentic book after the Qur'an", and some have taunted the Shi'i for ignoring the verdicts (Arabic: fatwa) of Ali himself. However, there are many of those who are not equally convinced. Ibn al-Qayyim, a 14th century Sunni scholar, writes in Zad al-Ma'ad, volume 1, page 183:

In Khayber there were no Muslim women since it was a Jewish settlement and up till then, Muslims were not permitted to marry Ahl'ul Kitab (Jews & Christians). The permission came later on in Surah Mai'da, Muslims were not supposed to contract marriage with Ahl'ul Kitab during the battle of Khayber, and in any case they were not interested in marrying the women of their enemies before Khayber was captured. And after the victory, the ladies were captives or "Mamlookeen" and there was no need to marry them. Concerning the story of Khayber, the companions of the Prophet (S) did not contract temporary marriage with Jewish women neither did the Prophet (S) allow it, and no one mentioned Mut'a during the battle of Khayber, on whether it was permissible or unlawful. Similarly all Muslim scholars unanimously say that Mut'a was permissible after Khayber and they believe that it was cancelled on the Day of Fath Makka. Therefore, it is clear that though this tradition is one of the two strongest amongst all traditions concerning the revocation of Mut'a, it is nevertheless shaky, and cannot revoke a verdict contained in the Qur'an. (See: http://www.answering-ansar.org/answers/mutah/en/chap6.php)

He further says on page 442 of the same book:

If we accept that Mut'a was cancelled on the Day of Khayber then what we are saying is that cancellation occurred twice and this has never happened in religion for sure and will not happen.

Umdat al-Qari Volume 8, page 311 says:

Allamah ibn Barr said that the tradition on the prohibition of Mut'a on the Day of Khayber is wrong.

Irshad al-Sari, Sharh al-Mawahib al-Ladunniyyah of Muhammad al-Zurqani volume 2, page 239, and Sharh al Muwatta volume 2, page 24, Abu Omar's opinion on the prohibition of Mut'a at Khayber are cited:

This is absolutely wrong. Temporary marriage never took place in Khayber.

In Fath al-Bari volume 9, page 145 and Nayl al-Awtar volume 6, page 146, Sunan Baihaqi volume 7, page 201 and Zad al-Ma'ad Volume 1, page 443 Abu Awaanah is quoted as writing in his Sahih:

"I have heard scholars saying that the tradition related of Ali only talked of the prohibition of the eating of the meat of domestic asses and there was no mention of Mut'a, and the tradition is silent on that matter".

Prohibition by Hazrat Mohammad (S) (Part 1)

There is a total of seven hadith that state that Nikah-e-Mut'a was abrogated. Each of the seven hadith narrates their own occasion, thus resulting in seven different times when it is supposed to have been abrogated.

Ibn al-Qayyim iterates the most common view on when Muhammad is supposed to have forbidden it:

Difference over whether Mut'a is haraam took place at four points.

· Firstly it occurred at Khayber (7 AH), this is the view of a group of 'ulama including Sha'afi.
· Secondly at the time of the victory of Makka (8 AH) as asserted by a group such as Abi Aineah.
· Thirdly, at Hunayn (8 AH) although another claim is that this referred to the Victory of Makka (8 AH).
· Fourthly, The Farewell Pilgrimage (10 AH), as was held by Mu'awiya, but this was a mistake of narrators who confused the Farewell Pilgrimage (10 AH) with the victory of Makka 8 AH"

In the hadith collection of a renowned Sunni scholar Al-Tirmizi, Abdullah Ibn Abbas narrates:

"Temporary marriage was at the beginning of Islam. A man comes by a town where he has no acquaintances, so he marries for a fixed time depending on his stay in the town, the woman looks after his provisions and prepares his food, until the verse was revealed: 'Except to your wives or what your right hands possess.'"

A Hadith by Muhammad bin 'Ali says:

'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."
(See: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/086.sbt.html#009.086.091)

Ibn Kathir, a 14th century Sunni scholar, stated in his Tafsir of an-Nisa, 24:

Mujahid stated that, (So with those among them whom you have enjoyed, give them their required due,) was revealed about the Mut'a marriage. A Mut'a marriage is a marriage that ends upon a predetermined date. In the Two Sahihs, it is recorded that the Leader of the Faithful `Ali bin Abi Talib said, "The Messenger of Allah prohibited Mut'a marriage and eating the meat of domesticated donkeys on the day of Khayber (battle). In addition, in his Sahih, Muslim recorded that Ar-Rabi` bin Sabrah bin Ma`bad Al-Juhani said that his father said that he accompanied the Messenger of Allah during the victory of Makkah, and that the Prophet said, (O people! I allowed you the Mut'a marriage with women before. Now, Allah has prohibited it until the Day of Resurrection. Therefore, anyone who has any women in Mut'a, let him let them go, and do not take anything from what you have given them.) Allah's statement, (but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you.) is similar to His other statement". (See: http://64.233.183.104/search?q=cache:pBBUYhiUz4wJ:www.tafsir.com/default.asp%3Fsid%3D4%26tid%3D10829+%22Ma%27bad+al-Juhani%22&hl=en&ct=clnk&cd=21)