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".