Sunni Feedback on The Issues of Infallibility and Ahulbayt [Electronic resources] نسخه متنی

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Sunni Feedback on The Issues of Infallibility and Ahulbayt [Electronic resources] - نسخه متنی

MajdAli Abbas

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Temporary Marriage in Islam (Part IV) Some Contradicting Reports
There are few traditions which claim that the Prophet forbade
Mut'a.

There are however many contradictions among these reports.

Let us look at the following traditions which alleged that the
temporary marriage was forbidden FOREVER in the battle of Khaibar
(1/7 AH).

We will discuss what types of problems these traditions
have shortly.

Muhammad Ibn Ali narrated on the authority of his father Ali that
Allah's Apostle (may peace be upon him) on the Day of Khaibar
prohibited for ever the contracting of temporary marriage and
eating of the flesh of the domestic asses.


Sunni reference:

Sahih Muslim, English version, v2, chapter
DXLI (titled: Temporary Marriage), Tradition #3265
also:


Ali (may peace be upon him) heard that Ibn Abbas (Allah be pleased
with him) gave some relaxation in connection of temporary marriage,
whereupon he said: Don't be hasty (in your religious verdict),
Ibn Abbas, for Allah's Messenger (may peace be upon him) on the
day of Khaibar prohibited for ever the doing of it and eating
of the flesh of domestic asses.

Sunni reference:

Sahih Muslim, English version, v2, chapter
DXLI (titled: Temporary Marriage), Tradition #3266
Surprisingly, the following traditions claim that, long after
the battle of Khaibar, the Prophet ORDERED to do Mut'a when he
Captured Mecca (9/8 AH) but he allegedly forbade it when they
left Mecca:

Sabra al-Juhanni narrated: Allah's Messenger (may
peace be upon him) ordered us to contract temporary marriage
in the Year of Victory, as we entered Mecca, and we did not come
out of it (Mecca) till he forbade us.

[Note: The Saudi-paid translator has used permitted
instead of ordered.
This while the Arabic text of
the Hadith uses ordered.
This shows that the Prophet
not only allowed Mut'a, but also promoted it in Mecca.
]
Sunni references:


Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary
Marriage), Tradition #3257

Sahih Muslim, Arabic version, 1980 Edition Pub.

in Saudi Arabia,
v2, p1025, Tradition #22, Kitab al-Nikah, Bab Nikah al-Mut'a
also:


Sabra narrated: Allah's Messenger (may peace be
upon him) ordered his companions to contract temporary marriage
in the Year of Victory.

(then I made Mut'a) and I remained with
her for three (nights), and then Allah's Messenger (may peace
be upon him) commanded us to part with them.

[Note: Again the Saudi-paid translator has used permitted
instead of ordered while the Arabic text of the Hadith
uses ordered:]
Sunni references:


Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary
Marriage), Tradition #3258

Sahih Muslim, Arabic version, 1980 Edition Pub.

in Saudi Arabia,
v2, p1025, Tradition #23, Kitab al-Nikah, Bab Nikah al-Mut'a
Now, let us look at the following traditions which claims that
the Temporary marriage was forbidden FOREVER in Mecca when the
Prophet (PBUH&HF) was speaking beside Ka'ba.

We will shortly
see why these traditions do not seem to be correct.

Sabra al-Juhanni reported on the authority of his
father that while he was with Allah's Messenger (may peace be
upon him), 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).

Sunni references:


Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary
Marriage), Tradition #3255

Sahih Muslim, Arabic version, 1980 Edition Pub.

in Saudi Arabia,
v2, p1025, Tradition #21, Kitab al-Nikah, Bab Nikah al-Mut'a
A side comment here is that again the word Istimta'a
has been used in this tradition for temporary marriage which is
exactly what Quran has used.

In the next tradition after the above tradition in Sahih Muslim,
the same narrator (Sabra) has narrated the same tradition with
addition that:

I saw Allah's Messenger standing between the pillar
and gate of Ka'ba when speaking the Hadith.


Sunni references:


Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary
Marriage), Tradition #3256

Sahih Muslim, Arabic version, 1980 Edition Pub.

in Saudi Arabia,
v2, p1025, Tradition #21, Kitab al-Nikah, Bab Nikah al-Mut'a
The following tradition, however, indicates that the Prophet allowed
Temporary marriage after the battle of Hunain (after 10/8 AH)
which was after the conquest of Mecca:

Narrated Iyas Ibn Salama on the authority of his father that Allah's
Messenger (may peace be upon him) gave sanction for contracting
temporary marriage for three nights in the year of Autas (this
was
after the Battle of Hunain in 8H), and
then forbade it.

{Note: The sentence inside parentheses is the Saudi translator's
footnote, and is NOT mine.
} Sunni references:

Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary
Marriage), Tradition #3251
Sahih Muslim, Arabic version, 1980 Edition Pub.

in Saudi Arabia,
v2, p1023, Tradition #18, Kitab al-Nikah, Bab Nikah al-Mut'a
Now, let us see what the problems are:



Some Sunni scholars have rated these traditions as single
(Mufrad), i.
e.
, they are single reports.

Ibn Asakir has mentioned
the above tradition attributed to Ali, in whose chain of authority
is Ibn Saa'ed.

Then he wrote: Ibn Saa'ed is a LIAR.

Also other Sunni Scholars such as Darqunti mentioned that these
traditions are single.

(See Ifraad, by Darqunti).

If the Prophet has forbidden the temporary marriage FOREVER
in the Day of Khaibar (1/7 AH), why it was practiced even after
the battle of Hunain (after 10/8 AH) with the direct order of
the Prophet? (See the reference above) In other words:

How is that possible that one is forbidden FOREVER and in two
different points of time, in the Day of Khaibar (1/7 AH) and on
the victory Mecca (9/8 AH) FOREVER, and people were practicing
it between these two instants of time and after these two instances
with the order of the Prophet? In the mentioned tradition about
the battle of Hunain, it is said that the messenger of Allah ALLOWED
to do Mut'a for after the battle of Hunain.

So we can not say
people did it because they did not know it was forbidden forever.

The traditions confirms that Mut'a was done with the direct order
of the Prophet.

So how can we justify these few alleged traditions
that the Prophet forbade it forever before that? This contradiction
itself supports the fact that all these few narrations were made
up to cover up and to justify what Umar enforced during his rule
based on his idea.

How nice is the verse 4:82 of Quran describes
that one can find many contradictions in something that is not
from Allah.

Two Sunni scholars: al-Qurtubi (in his commentary of Quran) and
al-Nawawi (in his commentary of Sahih Muslim) are in the opinion
that different traditions concerning the ban of Mut'a specify
seven different dates!!!


How is that possible that people after the demise of the Prophet
were practicing it? To answer this, some claim that although the
Messenger of Allah had forbidden it, but it had not been given
wide publicity, and thus some continued to practice it till Umar
reinforced that law during his rule.

If this allegation is true, then it implies that all the companions
except Umar were ignorant of the Sunnah of the Prophet, and ignorant
of the fact that Mut'a was forbidden forever, and they continued
practicing it after the demise of the Prophet, and quarreled amongst
each other in this issue.

They committed the sin of fornication
and encouraged others to do that, and no body said to them not
to do that BEFORE the rule of Umar.

All of a sudden, some of them
started saying it after the rule of Umar.

Then how can we conclude that they ALL carried the Sunnah of the
Prophet and if we follow ANY ONE among them we will go to paradise,
because any single one of them is a star of guidance (no matter
if it came out to be Muawiyah).

What will be wrong if we follow
Jabir who said Umar forbade it? What about Imran Ibn Husain who
believed that Umar said what he wished, and neither Allah nor
His Prophet prohibited it? What will be wrong if we take the opinion
of Imam Ali (AS), the most knowledgeable one among the companions
who said:

The Mut'a is a mercy from Allah to his servants.

If it were not for Umar forbidding it, no one would commit (the
sin) of fornication except the wretched (Shaqi).
(See above
for two set of references given before, one set from books on
Tafsir and one set from books on history and misc.
in Parts I
& III respectively.
)
Imam Ali (AS), Abu Dhar, Jabir Ibn Abdillah, Abdullah Ibn Abbas,
Abdullah Ibn Masud, Zubair Ibn al-Awwam, Imran Ibn Husain, and
Abdullah Ibn Umar, Ubay Ibn Ka'ab, Abu Sa'id al-Khudri, Salama
Ibn Umayyah, Awka' Ibn Abdillah, Salama Ibn al-Awka', Khalid Ibn
Muhajir, 'Amr Ibn Huraith, Rabi'a Ibn Umayya, Suhair, Sa'id Ibn
Jubair Tawoos, Qotadah, Mujahid, Ataa al-Madani al-Suddy, and
Imam al-Hasan (AS), .

are also the stars of guidance if that
Sunni tradition is true.

So if we follow them with regard to permissibility
of Mut'a, are we not guided then?
Also if the claim that the
Messenger of Allah (PBUH&HF) allowed it for a single instance
is true, then he would have told them at the same time that they
can do it only for this certain period of time, and it will be
forbidden after that for ever.

In other words, he should have
mentioned its prohibition at the time that he prescribed it.

In
this way there would be no confusion, and we can say the Prophet
(PBUH&HF) delivered the Message in this regard.

Now the question
is: Did the Prophet mentioned its prohibition at the time when
he allowed it momentarily?
If yes, then why did prominent companions
such as Jabir Ibn Abdillah al- Ansari, Ibn Abbas, Abdullah Ibn
Masud, Imran bin Husain, and Abdullah Ibn Umar, practiced (and
some even promoted) Mut'a long after the demise of the Prophet?
If no (i.
e.
, the Prophet did not mention its prohibition at
the time he allowed it momentarily), then the Prophet intentionally
confused some of his own companions such as those I mentioned
above, because as a result of their ignorance, some
of them even practiced and promoted Temporary Marriage even after
the rule of Umar!
Moreover if the prohibition of Mut'a was
not given wide publicity by the Prophet, then it would contradict
the following verse of Quran:

He (Allah) has
explained to you in detail
what is forbidden to you
(Quran 6:119)
Is it possible that the Messenger
of Allah does not publicize what has been prohibited by Allah,
which led the companions commit adultery till near the end of
the rule of Umar, until it was finally decided that it is time
to publicize this fact and stop the Muslims and companions from
committing adultery!! How can we justify the above verse of Quran
if the Prophet did not inform his companions the prohibition of
Mut'a so that they do not quarrel amongst each other because of
their ignorance of such important subject?

Also, do Sunnis think that the above mentioned companions did
not have any fear of Allah? If they had any fear of Allah, and
if they did not have strong proof that Mut'a is allowed forever,
they would quit promoting Mut'a after Umar.

Ibn Abbas did not
accept what Umar said and he continued to promote Mut'a even after
the battle of Camel when he argued with Ibn Zubair.

Was Ibn Abbas
suspicious to Umar? Why didn't he believe in him? The reason simply
is the fact that Umar did not attribute this prohibition to the
Prophet.

Umar said: The Prophet allowed it and I prohibit
it.
Then if I were Ibn Abbas, I would do the same.

Reviving
the Sunnah of the Prophet which has been forsaken is a duty and
has a lot of reward, and this was the concern of Ibn Abbas.

This
goes for other companions who supported Mut'a even after the death
of Umar, because they were sure that this is a man-made prohibition,
and is not issued by Allah, nor by His Prophet (PBUH&HF).

Otherwise, if these companions were unsure then they would at
least keep silent for the fear of Allah.

But the fact is that
they knew what they were doing.

The speeches of the Prophet in Mecca was narrated through
different narrators.

Why only one narrator, named as Sabra al-Juhanni,
had heard these words from the Prophet, and this part of the speech
of the Prophet was not narrated by others? It is hardly conceivable
that the Prophet could have stood before the Ka'ba in front of
a large group of Muslims and ban something until the Day of Resurrection,
and that then only one person Sabra should have heard him or related
his words.

Moreover, there are discrepancies in the various versions of Sabra's
in different Sunni collections of Hadith.
In some versions the
prohibition is said to have occurred in the year of the victory
of Mecca (8 AH), in others in the year of the Farewell Pilgrimage
(10 AH).

This discrepancy makes the Hadith even more untrustworthy.

The version of the Hadith of Sabra which states that the Prophet
momentarily permitted Mut'a at the Farewell Pilgrimage in Mecca
in the year 10/632, shows another fact.

People could not have
complained from the separation of their wives during the Farewell
Pilgrimage, since all of the wives were present, and the single
men could have taken permanent wives in Mecca.

This is another
proof for absurdity of the allegation that temporary marriage
was in the case of battles! This is beside many traditions mentioned
above that the companions never mentioned practicing Mut'a was
limited to battles, and acknowledged that it was a usual practice
up to the end of Umar's rule.

Another contradiction with the narration of Prohibition of
Mut'a in Mecca, is that the Prophet is alleged to have said:

I
had permitted you
to contract temporary marriage, and
Allah has forbidden?

The problem is
that the sentence is in reverse order based on the alleged narration
attributed to Ali that the Prophet have forbidden it.

Based on
the one of the early references of this article, the Prophet did
not allow the temporary marriage when there was no command from
Allah.

Then the verse was revealed and Allah made it lawful and
the Prophet permitted it, then.

Based on what was attributed to
Ali (mentioned above from Sahih Muslim), it was the Prophet who
had forbidden the temporary marriage.

So, the sentence, must have
been:


Allah had permitted you and I have forbidden
you.

While this is in reverse order for the narration
of Sabra.
Why? Does any of them make sense?! How can the Prophet's
word and Allah's word contradict each other.

It is reported that:


The Messenger of Allah (PBUH&HF) said:
I did not make anything Halaal except what Allah made Halaal,
and I did not make anything Haraam except what Allah made Haraam.


Sunni reference:

Tabaqat, by Ibn Sa'd, v4,
p72
Then, how can the Prophet's word and Allah's word contradict each
other?


The other problem with the tradition by Sabra al-Juhanni is
that, if Allah has forbidden an Islamic law, he must have revealed
some verse(s), or He must have whispered in the ears of the Prophet
that the verse of Mut'a is abrogated.

Since there is no record
that Allah has whispered such important order in the ears of the
Prophet, Allah must have revealed a verse about abolishing temporary
marriage.

Where is the abrogating verse(s)? Also, is it possible
that Allah has whispered in the ears of his Prophet PRIVATELY
that the verse is abrogated, and the Prophet did NOT tell people
when there was no new verse revealed in this regard?

The traditions can not abrogate the existing verses of Quran.

Quran is always in higher authority.
The traditions are always
subject to check with Quran, and if they are found to be in contradiction
with Quran, those contradicting traditions are rejected.

More over, the abrogated verse is either deleted from Quran by
the Prophet, or if it is present in Quran, there should be another
verse revealed at a later time to abrogate the previous one.

In
other words, the only way to establish that a verse which is present
in Quran is abrogated, is to have an abrogating verse which should
have been revealed after that verse, since the traditions alone
can not abrogate an existing verse of Quran.

Since there is no
verse revealed after 4:24 abrogating it, it is still in effect.

And there are more problems with these three traditions on forbidding
the temporary marriage which will be discussed later.

Our humble
suggestion is what the Prophet recited when he allowed the Temporary
marriage:

O' those who believe, do not make unlawful
the good things which Allah has made lawful for you, and do not
transgress.

Allah does not like transgressors.

(Quran 5:87)
This
was the verse mentioned in the tradition of Abdullah Ibn Masud
about temporary marriage (see the previously-mentioned tradition
from Sahih al-Bukhari and Sahih Muslim).

What do Sunnis think
of the Prophet's intention for mentioning this verse to people?
How come temporary marriage is a bad thing for the Sunnis while
the above verse of Quran refers it as a good thing?
Do Sunnis want to listen to this verse about something like temporary
marriage? :-)

/ 154