حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ نُمَيْرٍ الْهَمْدَانِيُّ، حَدَّثَنَا أَبِي وَوَكِيعٌ، وَابْنُ، بِشْرٍ عَنْ إِسْمَاعِيلَ، عَنْ قَيْسٍ، قَالَ سَمِعْتُ عَبْدَ اللَّهِ، يَقُولُ كُنَّا نَغْزُو مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم لَيْسَ لَنَا نِسَاءٌ فَقُلْنَا أَلاَ نَسْتَخْصِي فَنَهَانَا عَنْ ذَلِكَ ثُمَّ رَخَّصَ لَنَا أَنْ نَنْكِحَ الْمَرْأَةَ بِالثَّوْبِ إِلَى أَجَلٍ ثُمَّ قَرَأَ عَبْدُ اللَّهِ ‏{‏ يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تُحَرِّمُوا طَيِّبَاتِ مَا أَحَلَّ اللَّهُ لَكُمْ وَلاَ تَعْتَدُوا إِنَّ اللَّهَ لاَ يُحِبُّ الْمُعْتَدِينَ‏}‏ ‏.‏
Translation
Sabra Juhanni reported

Allah's Messenger (ﷺ) permitted temporary marriage for us. So I and another person went out and saw a woman of Bana 'Amir, who was like a young long-necked she-camel. We presented ourselves to her (for contracting temporary marriage), whereupon she said: What dower would you give me? I said: My cloak. And my companion also said: My cloak. And the cloak of-my companion was superior to my cloak, but I was younger than he. So when she looked at the cloak of my companion she liked it, and when she cast a glance at me I looked more attractive to her. She then said: Well, you and your cloak are sufficient for me. I remained with her for three nights, and then Allah's Messenger (ﷺ) said: He who has any such woman with whom he had contracted temporary marriage, he should let her off.

Comment

The Book of Marriage - Sahih Muslim 1406a

Allah's Messenger (ﷺ) permitted temporary marriage for us. So I and another person went out and saw a woman of Bana 'Amir, who was like a young long-necked she-camel. We presented ourselves to her (for contracting temporary marriage), whereupon she said: What dower would you give me? I said: My cloak. And my companion also said: My cloak. And the cloak of-my companion was superior to my cloak, but I was younger than he. So when she looked at the cloak of my companion she liked it, and when she cast a glance at me I looked more attractive to her. She then said: Well, you and your cloak are sufficient for me. I remained with her for three nights, and then Allah's Messenger (ﷺ) said: He who has any such woman with whom he had contracted temporary marriage, he should let her off.

Historical Context of Mut'ah Marriage

This narration describes the practice of temporary marriage (mut'ah) that was initially permitted during the early Islamic period, particularly during journeys and military expeditions when prolonged separation from wives was necessary.

The companions approached this marriage with proper contractual terms, including specifying the mahr (dower) and duration, demonstrating that even when permitted, it was conducted within Islamic legal parameters.

Legal Abrogation and Wisdom

The final prohibition by the Prophet (ﷺ) represents an example of progressive legislation in Islam, where certain practices were initially allowed then later forbidden as the Muslim community matured spiritually and socially.

Scholars explain that temporary marriage was abrogated to protect lineage, honor women's dignity, and establish marriage as a permanent institution for building stable families and societies.

Scholarly Consensus

The majority of classical scholars, including the four Sunni madhahib, hold that mut'ah marriage is permanently forbidden after its initial prohibition during the Prophet's lifetime, based on numerous authentic narrations.

This hadith serves as important evidence in Islamic jurisprudence regarding the evolution of marital laws and the principle of abrogation in Islamic legislation.