The Book of Marriage

كتاب النكاح

Chapter 3: Mut'ah Marriage: It was permitted then abrograted, then permitted then abrogated, and it will remain Forbidden until the day of resurrection

Abu Nadra reported

While I was in the company of Jabir b. Abdullah, a person came to him and said that Ibn 'Abbas and Ibn Zubair differed on the two types of Mut'as (Tamattu' of Hajj 1846 and Tamattu' with women), whereupon Jabir said: We used to do these two during the lifetime of Allah's Messenger (ﷺ). Umar then forbade us to do them, and so we did not revert to them.

Iyas b. Salama reported on the authority of his father that Allah's Messenger (ﷺ) gave sanction for contracting temporary marriage for three nights in the year of Autas 1847 and then forbade it.

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.

Rabi' b. Sabra reported that his father went on an expedition with Allah's Messenger (ﷺ) during the Victory of Mecca, and we stayed there for fifteen days (i. e. for thirteen full days and a day and a night), and Allah's Messenger (ﷺ) permitted us to contract temporary marriage with women. So I and another person of my tribe went out, and I was more handsome than he, whereas he was almost ugly. Each one of us had a cloaks, My cloak was worn out, whereas the cloak of my cousin was quite new. As we reached the lower or the upper side of Mecca, we came across a young woman like a young smart long-necked she-camel. We said

Is it possible that one of us may contract temporary marriage with you? She said: What will you give me as a dower? Each one of us spread his cloak. She began to cast a glance on both the persons. My companion also looked at her when she was casting a glance at her side and he said: This cloak of his is worn out, whereas my cloak is quite new. She, however, said twice or thrice: There is no harm in (accepting) this cloak (the old one). So I contracted temporary marriage with her, and I did not come out (of this) until Allah's Messenger (ﷺ) declared it forbidden.

Rabi' b. S'abra al-jahanni reported on the authority of his father. We went with Allah's Messenger (ﷺ) to Mecca during the year of Victory and he narrated like this a hadith transmitted by Bishr (the previous one) but with this addition

" She said: Can it be possible?" And it is also mentioned in it:" He said: The cloak of this (man) is old and worn out."

Sabra al-Juhani reported on the authority of his father that while he was with Allah's Messenger (ﷺ) he said

O people, I had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to them (as dower).

This hadith has been narrated on the authority of 'Abd al-'Aziz b 'Umar with the same chain of transmitters, and he said

I saw Allah's Messenger (ﷺ) standing between the pillar and the gate (of the Ka'ba) and he was relating a hadith as narrated by Ibn Numair.

'Abd al-Malik b. Rabi' b. Sabraal-Juhanni reported on the authority of his father who narrated it on the authority of his father (i e. 'Abd al-Malik's grandfather, Sabura al-Juhanniy Allah's Messenger (ﷺ) permitted us to contract temporary marriage in the Year of Victory, as we entered Mecca, and we did come out of it but he forbade us to do it.

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).

Rabi' b. Sabra reported on the authority of his father that Allah's Apostle (ﷺ) prohibited the contracting of temporary marriage.

Rabi' b. Sabra reported on the authority of his father that Allah's Messenger (ﷺ) forbade on the Day of Victory to contract temporary marriage with women.

This hadith has been narrated on the authority of Rabi' b. Sabra that Allah's Messenger (ﷺ) forbade to contract temporary marriage with women at the time of Victory, and that his father had contracted the marriage for two red cloaks.

'Urwa b. Zabair reported that 'Abdullah b. Zubair (Allah be pleased with him) stood up (and delivered an address) in Mecca saying

Allah has made blind the hearts of some people as He has deprived them of eyesight that they give religious verdict in favour of temporary marriage, while he was alluding to a person (Ibn 'Abbas). Ibn Abbas called him and said: You are an uncouth person, devoid of sense. By my life, Mut'a was practised during the lifetime of the leader of the pious (he meant Allah's Messenger, may peace be upon him), and Ibn Zubair said to him: just do it yourselves, and by Allah, if you do that I will stone you with your stones. Ibn Shihab said. Khalid b. Muhajir b. Saifullah informed me: While I was sitting in the company of a person, a person came to him and he asked for a religious verdict about Mut'a and he permitted him to do it. Ibn Abu 'Amrah al-Ansari (Allah be pleased with him) said to him: Be gentle. It was permitted in- the early days of Islam, (for one) who was driven to it under the stress of necessity just as (the eating of) carrion and the blood and flesh of swine and then Allah intensified (the commands of) His religion and prohibited it (altogether). Ibn Shihab reported: Rabi' b. Sabra told me that his father (Sabra) said: I contracted temporary marriage with a woman of Banu 'Amir for two cloaks during the lifetime of Allah's Messenger (ﷺ) ; then he forbade us to do Mut'a. Ibn Shihab said: I heard Rabi' b. Sabra narrating it to Umar b. 'Abd al-'Aziz and I was sitting there.

Sabra al-Juhanni reported on the authority of his father

Allah's Messenger (ﷺ) prohibited the contracting of temporary marriage and said: Behold, it is forbidden from this very day of yours to the Day of Resurrection, and he who has given something (as a dower) should not take it back.

'Ali b. AbiTalib reported that Allah's Messenger (ﷺ) prohibited on the Day of Khaibar the contracting of temporary marriage with women and the eating of the flesh of domestic asses.

Malik narrated this hadith on the authority of the same chain of trans- witters that 'Ali b. Abil Talib said to a person

You are a person led astray; Allah's Messenger (ﷺ) forbade us (to do Mut'a), as is stated In the hadith transmitted on the authority of Yahya b. Malik.

Muhammad b. 'Ali narrated on the authority of his father 'Ali that Allah's Apostle (ﷺ) on the Day of Khaibar prohibited for ever the contracting of temporary marriage and eating of the flesh of the domestic asses.

'Ali (Allah be pleased with him) heard that Ibn Abbas (Allah be pleased with them) gave some relaxation in connection with the contracting of temporary marriage, whereupon he said

Don't be hasty (in your religious verdict), Ibn 'Abbas, for Allah's Messenger (ﷺ) on the Day of Khaibar prohibited that forever - along with the eating of flesh of domestic asses.

'Ali (Allah be pleased with him) said to Ibn 'Abbas (Allah be pleased with them) that Allah's Messenger (ﷺ) on the Day of Khaibar forbade forever the contracting of temporary marriage and the eating of the flesh of domestic asses.

Chapter 4: The prohibition of being married to a woman and her paternal aunt or maternal aunt at the same time

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace upon him) having said this

One should not combine a woman and her father's sister, nor a woman and her mother's sister in marriage.