Qur'anic Origin of Nikah-e-Mut'a (Part 2)

Tafsir (Explanation) of Parts of the Verse

The word "اسْتَمْتَعْتُم"

The phrase those whom you profit by, in Arabic istamtaˤtum bihi, has the same root as Mut‘a, that is, MTĦ. The word is usually translated in its general meaning as "those whom ye seek content" or "they whom you have enjoyed". If the word was translated as an Islamic term, the translation would be: "They with whom you have made Mut'a", or "They whom you have married for a fixed time".

Muslims differ on what is meant by Mut'a here, and which judgment the verse gives about it. Generally, Shi'i Muslims tend to believe that Mut'a here refers to the temporary marriage, and that this verse permits it.
Among the Sunnis, different view exists. Some Sunnis do not believe that this verse refers to the Nikah-e-Mut'a at all. This view was favored by Suyuti. Other Sunnis agree that the verse refers to the temporary marriage, but disagree that the verse permits it. This view was favored by Ibn Kathir.

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

In Medina this custom was looked upon as one kind of temporary marriage and was referred to by the term istimta', the same word employed in the Qur'anic verse-even though the literal meaning of the word is 'to seek benefit' or 'to take enjoyment'. Hence the meaning of the Qur'anic verse must be understood in terms of the conventional usage of the time, for as is well known in the science of Qur'anic commentary and Islamic jurisprudence, the Qur'an follows the conventional usage of the people in all statutes and legal prescriptions. If someone wants to understand a word in the Qur'an in other than the conventional meaning of the time, he must supply a strong reason for doing so.

(“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)

There are many sayings have been related from the Companions of the Prophet (S) and those who followed them (al-taibi'un) confirming the Shi'i view that verse 24 of this chapter concerns mut 'a. Several of the companions, including Ibn 'Abbas, the ancestor of the 'Abbasid caliphs, Ibn Mas'ud, one of the first to accept Islam, and Ubayy b. Ka'b, one of the scribes of the revelation, hold that three words have been dropped form this passage in the Qur'an and that the original version read: 'So those of them whom you enjoy to a specified term (ila ajal musamma).' Although Shi'is do not believe that Qur'an that we read today has altered,this clearly indicates the view of these renowned salaf that the verse refers to mut'a. (See “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)

Tabari in his Tafsir al-Kabir under the verse 4:24 mentions a narration from Abu Nadhra:

I asked Ibn Abbass about temporary marriage (Mut'a of women). Ibn Abbas said: "Do you not read 'for whatever you enjoyed (Istamta'tum) them by the contract to an appointed time?" I said: "If I would have read it this way, I wouldn't ask you (about temporary marriage)!" He replied: "Certainly the verse is about it."
Tabari continues to say that Ubay Ibn Ka'ab also knew that tafsir.

(See: http://al-islam.org/encyclopedia/chapter6a/1.html)

Furthermore, Sachiko Murata writes in his thesis:

In the…verse 4:23 the Qur'an enumerates the women who are forbidden to men. These are divided into seven kinds stemming from blood relationship and seven more stemming from other causes: 'Forbidden to you are your mothers and daughters...’ The next verse (4:24) adds a fifteenth category of women forbidden to men: 'And wedded women, save what your right hands own.' It continues with the words…: 'Lawful for you is what is beyond all that.' In other words, any woman not belonging to one of the fifteen categories is permitted, whether by marriage or ownership.

Next the verse states: 'that you may seek, using your wealth, in wedlock and not in license.' Grammatically, this clause is in apposition to 'what is beyond all that.' It explains the legitimate mode of seeking sexual relationships with women, whether as the result of marriage or the purchase of slaves.
The next part of this same verse states as follows: 'So those of them whom you enjoy, give them their appointed wages.' The word 'so' (fa) shows that this part of the verse is the conclusion reached by the previous words. This section is either part of the previous subject matter, or an example of it; in other words, its relation to the previous section is either that of the part which is completing the whole, or the particular example to the universal principle. And since the previous section deals with the different kinds of legitimate sexual relationships, either by marriage or the purchase of slaves, we can conclude that this section of the verse is the exposition of a further kind of marriage, not mentioned previously; a kind which requires that the man pay the wages of his wife.

(“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)

Sachiko Murata goes on to say:

In Majma' al-bayan, al Tabarsi, the famous Shi'i commentator of the Qur'an summarizes the Shi'i arguments: the word 'enjoy' in this verse refers to the marriage of mut'a, i.e., a marriage for a specified dower and a determined time period. This opinion has been related from Ibn 'Abbas and many of the 'followers' of the Companions such as Isma'il b. 'Abd al-Rahman al-Suddi (d. 127/744-45) and Sa'id b. Jubayr al-Asadi (95/713-14). In fact, this clearly must be the case, for although the words istimta' and mut'a have the literal meaning of 'enjoyment', in the language of the shari'a they refer to the contract of temporary marriage, especially when they are followed by the word 'women'. Hence the meaning of the verse is: 'Whenever you draw up a contract of mut'a with a woman, you must pay her, her wages.'

(“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)

The Word “أُجُورَهُنَّ”

The phrase "give them their dowries as appointed" is "bihi minhunna fātūhunna ujūrahunna farīzatan". "'Ujūrahunna" is derived from ajr "compensation/payment". This is in contrast to the verse on the subject of Nikah (Nikah e Daaimi), verse 4:4. It states:

(Shakir): "And give women their dowries as a free gift..."

The word translated in 4:4 as "dowries" is "saduqātihinna". It is not the same word as used in 4:24, although it is often translated as such. In fact, 4:4 refers to "dowries" while 4:24 refers to "compensation, payment". Furthermore, 4:4 says "dowries as a free gift", while 4:24 says "dowries as appointed". However, this should only be taken as a difference between the Nikah e Daaimi verse of 4:4 and the Nikah-e-Mut'a verse of 4:24 and it does not constitute a proof that "ujūrahunna" refers to only Nikah-e-Mut'a, since the same word is used in verse 33:50 when referring to Nikah e Daaimi.

After what is appointed “الْفَرِيضَةِ بَعْدِ مِن بِهِ تَرَاضَيْتُم”

The section "and there is no blame on you about what you mutually agree after what is appointed" refers to prolonging the marriage or making it permanent, something which is mustahab "recommended". If this doesn't occur, the wife must observe the Iddah, making it impossible for a woman to engage in a Nikah-e-Mut'a, and have sexual intercourse with more than six partners per year, assuming a menstruation cycle of 20 days.

Tabari in his Tafsir al-Kabir under the verse 4:24 mentioned a Tafsir Qudsi, a narration attributed to Abu Nadra says:

Ibn Abbass recited the verse 4:24 with the addition of "to an appointed time". I said to him: "I did not read it this way." Ibn Abbass replied: "I swear by God, this is how God revealed it," and Ibn Abbass repeated this statement three times."
(“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)

Qur'anic Origin of Nikah-e-Mut'a (Part 1)

Some Muslims believe that this institution was established by God through Muhammad (S) in the Qur'an. Its single mention in the Qur'an is verse 4:24.

The Qur'an, chapter 4 (An-Nisa), verse 24

The verse can be broken into three parts:

1. And (also forbidden are) all married women except those whom your right hands possess (this is) Allah's ordinance to you,
2. and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication.
3. Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed; surely Allah is Knowing, Wise.
   — translated by M. H. Shakir

According to Sachiko Murata, this verse was revealed towards the beginning of the Prophet's stay in Medina. (See: http://www.al-islam.org/al-serat/muta/5.htm) However, According to Sahih Muslim the event of revelation was during the battle of Hunayn in 9 AH (631 CE).

According to Answering-Ansar.org, the first part of the verse is a continuation from the previous verse. The middle part states that the non-mentioned women are lawful, provided that the criteria for marriage are fulfilled. The last part of the verse addresses Nikah-e-Mut'a, and therefore is the entire verse known as "the verse of Mut'a". (See http://answering-ansar.org/answers/mutah/en/chap3.php)

Ibn Kathir, a 14th century Sunni Islamic scholar writes in his Tafsir al-Qur'an al-Azim:

Allah said: "(Also (forbidden are) women already married, except those whom your right hands possess.) The Ayah means, you are prohibited from marrying women who are already married, (except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id al-­Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah was revealed: "(Also (forbidden are) women already married, except those whom your right hands possess). Consequently, we had sexual relations with these women."

This is the wording collected by At-Tirmizi An-Nasa'i, Ibn Jarir and Muslim in their Sihah. (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)

The second part is often referred to in the Muslim controversies related to Nikah-e-Mut'a by Salafi Sunnis to mean that Nikah-e-Mut'a is forbidden, since this verse demands chatiry, implying that Nikah-e-Mut'a is immoral. (See http://answering-ansar.org/answers/mutah/en/chap4.php)

Tabari in his Tafsir writes under this verse a hadith from Mujahid the phrase "Then give those of these women you have enjoyed the agreed dower" means the temporary marriage (nikah-e-mut‘a). Sunni Scholars, however, say 4:24 does not permit temporary marriage. The refutation of this is the fact that prior to this Allah mentions the women whom a man is forbidden to marry, then he mentions what is permissible for him, and He commands the man to give to the woman he marries her mahr. Shaykh Munnajjid, a Shi'i scholar, argues that is not relevant because the individual verse permits Istamta'tum by means of contract. The preceding and anteceding verses give the guidelines as to who is permissible to marry.