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 b. Ma'bad reported that Allah's Apostle (ﷺ) permitted his Companions to contract temporary marriage with women in the Year of Victory. So I and a friend of mine from Banu Sulaim went out, until we found a young woman of Banu Amir who was like a young she-camel having a long neck. We proposed to her for contracting temporary marriage with us, and presented to her our cloaks (as dower). She began to look and found me more handsome than my friend, but found the cloak of my friend more beautiful than my cloak. She thought in her mind for a while, but then preferred me to my friend. So I remained with her for three (nights), and then Allah's Messenger (ﷺ) commanded us to part with them (such women).

Comment

The Book of Marriage - Sahih Muslim 1406g

A commentary by Imam An-Nawawi from his Sharh Sahih Muslim

Context of the Narration

This hadith refers to the temporary marriage (mut'ah) which was initially permitted in Islam during specific circumstances of travel and military campaigns.

The "Year of Victory" mentioned is the year of the Conquest of Mecca (8 AH), when the Muslim army was engaged in significant military operations.

Scholarly Analysis

The majority of scholars hold that temporary marriage was abrogated and made permanently forbidden after being initially permitted.

The Prophet's command to "part with them" indicates the final prohibition of this practice, establishing that mut'ah is not part of Islamic law.

The detailed description of the woman and the negotiation process shows the companions' meticulousness in following prophetic guidance even in personal matters.

Legal Implications

This narration serves as decisive evidence for the prohibition of temporary marriage in orthodox Islamic jurisprudence.

The initial permission was a temporary concession (rukhsah) during times of hardship, later replaced by the permanent ruling of prohibition.

All four Sunni madhabs unanimously agree on the impermissibility of mut'ah marriage based on this and similar authentic narrations.