The Ahulbayt in Quran [Electronic resources] نسخه متنی

Temporary Marriage in Islam (Part I)

Introduction

Fixed-Term/Temporary/Pleasure Marriage are different names for
the Arabic word of "Mut'a" which is a contract between
a man and woman, much in the same way the Long-Term/Permanent/Conventional
Marriage is.

The main difference is that the temporary marriage
longs only for a specified period of time, and man and woman will
become stranger to each other after the expiration date without
divorce.

One misconception regarding temporary marriage is that
some people think that the woman engaged in temporary marriage
can have contract every other hour.

This is completely misrepresentation
of temporary marriage.

After such contract has been expired, the
woman has to wait for two months (Iddah) before which she can
not marry any one else.

This issue, among others, will be discussed
later in detail.

All Muslims agree that the Messenger of Allah
legislated Mut'a and made it legal after his migration to Medina,
and the Muslims practiced it during his lifetime.

(see al-Mughni,
by Ibn Qudamah, v6, p644, 3rd Edition).

However there is a disagreement
between the Shia and most of the Sunnis concerning whether the
Prophet later banned it or not.

Most Sunnis assert that although
the Prophet legislated it, he later forbade it.

This is while
the Shia believe that temporary marriage was never abandoned by
the Prophet (PBUH&HF).

Allah revealed it in Quran, and it
was being widely practiced to the end of his lifetime and during
the period of Abu Bakr and the early days of Umar's rule, until
Umar forbade it.

In Parts I through IV, we study the verse of Mut'a marriage in
Quran and look into the Sunni commentary (Tafsir) of this verse,
and review the traditions reported in the six authentic Sunni
collections about Mut'a.

In Part V we discuss the purposes of
marriage as well as the chronological orders of the prohibition
of illegal sex and the permission of Mut'a in the history of Islam.

In Part VI the similarities and differences which exist between
the two types of marriage are presented in detail.

In Part VII
we discuss the necessities and the advantages of the temporary
marriage, and finally in Part VIII we answer some frequently asked
questions regarding to the Mut'a.

Evidences From Quran and the Sunni Commentaries


Allah, to whom belong Might and Majesty, said:

(.

.

.

Except the forbidden women) the rest are lawful unto you to
seek them with gifts from your property (i.

e.

, dowry), provided
that you desire protection (from sin), not fornication.

So
for whatever you have had of pleasure (Istamta'tum) with them
by the contract, give unto them their appointed wages as a duty.

And there is no sin for you in what you both agree (in extending
the contract) after fulfilling the (first) duty.

Lo! Allah is
ever Knower, Wise.

(Quran 4:24)

In the above verse, the Arabic equivalent of the word "marriage"
or any of its derivatives has NOT been used.

Rather the derivative
of word "Mut'a" (pleasure/temporary marriage) has been
used, i.

e.

, "Istamta'tum".

The word Istamta'a is the
tenth verbal form of the root m-t-a.

As we will show shortly,
the word Istamta'a has also been widely used in the authentic
Sunni collections for Temporary Marriage.

Of course, Mut'a is
one type of marriage, but some of it's regulations are different
than the permanent marriage, including the fact that the couple
can extend this contract by mutual agreement as the end of verse
specifies.

Moreover, if we look at the Sunni commentaries of Quran, many
Sunni scholars such as Fakhr al-Razi confirm that the above verse
(4:24) was revealed about the Temporary Marriage (Mut'a).

They
straightforwardly mentioned that temporary marriage became Halaal
(permitted) DUE TO the above verse, but they assert that it was
later prohibited.

It is astonishing that many Sunni commentators
mentioned under the above verse that:

Ali (RA) 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; an utmost wrong-doer).

"

eferences:

Tafsir al-Kabir, by al-Tha'labi, under commentary of verse
4:24 of Quran;

Tafsir al-Kabir, by Fakhr al-Razi, v3, p200, commentary of
verse 4:24;

Tafsir al-Kabir, by Ibn Jarir al-Tabari, under commentary
of verse 4:24 with authentic chain of narrators, v8, p178, Tradition
#9042;

Tafsir al-Durr al-Manthoor, by al-Suyuti, v2, p140, from several
chain of transmitters;

Tafsir al-Qurtubi, v5, p130, under commentary of verse 4:24
of Quran;

Tafsir Ibn Hayyan, v3, p218, under commentary of verse 4:24
of Quran;

Tafsir Nisaboori, by al-Nisaboori (8th century);

Ahkam al-Quran, by Jassas, v2, p179, under commentary of verse
4:24.

A very similar tradition has also been narrated by Ibn Abbas (RA),
and was mentioned by al-Tabari and al-Tha'labi in their Tafsir
of Quran.

It is interesting to note that Umar did not attribute the prohibition
of Mut'a to the Prophet (PBUH&HF).

They were others who did
that after Umar mainly to justify what he did.

Umar clearly mentioned
that: "Mut'a WAS permitted at the time of the Prophet and
I PROHIBIT it!" The great Sunni scholar, Fakhr al-Razi, who
has been given the title of "Imam al-Mushakkikeen" (the
leader of ever-questioners/ever-doubtful) by the Sunnis, in his
voluminous commentary of Quran mentioned under the verse of Temporary
Marriage that:

Umar said: Two types of Mut'a were (legal) during the time of
the Prophet and I forbid them both, and I punish those who commit
it.

They are: Mut'a of pilgrimage and Mut'a of women.

Sunni references:

Tafsir al-Kabir, by al-Fakhr al-Razi, v3, p201 under verse
4:24

Musnad Ahmad Ibn Hanbal, v1, p52

Here is the Arabic text of the above masterpiece of Umar:


Notice that Mut'a can be of two kinds: Mut'a of women (pleasure/temporary
marriage) and Mut'a of Pilgrimage (Hajj al-Tamattu').

The latter
is a way of performing Pilgrimage and has no relation with the
former which is one way of performing marriage.

Both types of
Mut'a were practiced at the time of the Prophet and Abu Bakr and
the early days of Umar's rule.

But they were prohibited by Umar.

There is another verse in Quran which gives evidence to the permissibility
of the Mut'a of Pilgrimage.

However this type of Pilgrimage is
not the subject of our discussion here.

As we see from the above quote, Umar did NOT say that Mut'a was
canceled by the Prophet.

If it was really the Prophet who canceled
Mut'a, Umar would have say: The two Mut'a were Halaal and then
became Haraam at the time of the Prophet, and I am informing you
about the second law set by the Prophet which canceled the first.

But it is evident that Umar is straightforwardly saying that he
is the one who is making it Haraam!

Al-Zamakhshari, another Sunni commentator of Quran Under the commentary
of 4:24, reported that this verse is from the "Muhkamat"
of Quran, relating that from Ibn Abbas (RA).

(Tafsir al-Kashshaf,
by al-Zamakhshari, v1, p519).

Also Both Ibn Jarir al-Tabari and al-Zamakhshari narrated that:

"al-Hakam Ibn Ayniyah was asked if the verse of Mut'a of
women is abrogated.

He answered: 'No'.

"

Sunni references:

Tafsir al-Tabari, under commentary of verse 4:24 of Quran,
v8, p178

Tafsir al-Kashshaf, by al-Zamakhshari, under the verse 4:24,
v1, p519

Also Ibn Kathir mentioned his commentary:

"al-Bukhari declared that Umar used to forbid people on Mut'a.

"

Sunni reference: Tafsir Ibn Kathir, v1, p233

Also in another Sunni commentary it is reported that:

Umar said, while on the pulpit: "O folk! Three were (allowed)
during the time of the Messenger of Allah (PBUH&HF), and I
forbid them, and make them Haraam, and punish on them.

They were:
Mut'a of women, Mut'a of Hajj (pilgrimage), and saying 'Hayya
Ala Khair al-Amal'.

"

Sunni references:

Sharh Al-Tajreed, by al-Fadhil al-Qoshaji, (Imama Section)

al-Mustaniran, by al-Tabari

al-Mustabeen, by al-Tabari

Remark: The third item mentioned above which was prohibited by
Umar, is what is said in the Call for Prayer and Iqaamah after
the phrase "Hayya Ala al-Falah", and it is practiced
by the Shia to this date.

It means "Hasten for the best deed".

This part of call for prayer was abolished by Umar as well.

Instead,
he replaced it by the sentence: "Prayer is better than sleep"!

Interesting to know that there are some Sunni scholars who accepted
that the Mut'a marriage is legal (Halaal) FOREVER exactly based
on the above verse of Quran.

Among those scholars are the Tunisian
scholar, Shaikh al-Tahir Ibn 'Aashoor, under his Tafsir of the
verse 4:24 of Quran.

(See al-Tahrir wa al-Tanwir", by al-Tahir
Ibn 'Aashoor, v3, p5).

And there has been such open-minded scholars
who did not allow the love of their leaders affect their judgment.

Some tried to cast doubt about the meaning of "Mut'a",
by saying that it literally means pleasure and not necessarily
a special type of marriage.

These people, instead of searching
for the practical definition of Mut'a in the History, Hadith,
and Jurisprudence, they look it up Arabic dictionary! Even the
Arabic dictionary gives the practical meaning of Mut'a, that is
temporary marriage.

All Shia and Sunni scholars agree to this
very fact.

al-Qurtubi, who is one of the great Sunni commentators
of Quran, wrote: "There is NO dispute among the scholars,
either early (salaf) and late (khalaf) scholars, that Mut'a is
a marriage for a fixed period of time and that it does not involve
inheritance.

"

Replacing the practical meaning and the linguistic meaning is
very dangerous and is prohibited in the religious rules, because
one may also say, "Salat" (prayer) means praise/supplication
and is not necessarily the acts that Muslims do every day.

Or
"Zakat" (alms) means "to cleans" and is not
necessarily paying money, and so on.

.

.

Perhaps such people did not even read the traditions related to
"Mut'a of women" which gives its practical meaning used
at the time of the Prophet and the early Caliphs and how the companions
used to contract by a handful of date as dower.

Even the English
version of Sahih al-Bukhari and Sahih Muslim have translated the
word "Mut'a al-Nisa" to "Temporary Marriage,"
and they also translated "Istimta'a" to "marrying
temporarily", and the traditions in that section which is
a section in the chapter of marriage, gives the total picture
of its meaning.

(Please see Part II for the details of these traditions
from Sahih al-Bukhari and Sahih Muslim).

Have these people ever
heard of any other type of "Mut'a of women" in the history
of Islam?

Some also tried to cast doubt about the meaning of the verse of
Mut'a in Quran (4:24) by saying that the word "Istamta'a"
refers to the consummation of the permanent marriage, after which
dowry should be paid.

The above assertion is not correct.

The best way to understand
the meaning of the verse, is first to learn Arabic (since the
exact translation of Quran to any other language is quite impossible),
and second, to look at various commentaries (not just a filtered
one), and third, to look at the traditions related to temporary
marriage to see if they have used the word "Istamta'a".

If we do all the three and search completely for different and
controversial opinions, then we can say that we are close to the
target.

In this part, we already provided references to many Sunni commentaries
of Quran, in which the commentators confirmed that the verse was
revealed for the temporary marriage, and they mentioned many traditions
about the temporary marriage under the commentary of this verse.

Then how can this verse be related to permanent marriage?! or
perhaps you think these Sunni scholars had some loose screws upstairs.

Few lines later, more interesting traditions from the Sunni commentaries
under this verse are provided.

Yet there many more available.

Moreover, who could we find better that Jabir Ibn Abdillah al-Ansari
(RA), the great companion of the Prophet, who according to Sahih
Muslim said: "Istamta'a means contracting temporary marriage"
(Sahih Muslim, English version, v2, chapter DXLI titled: Temporary
Marriage, Tradition #3246.

Please see part II for the full Arabic
text of the tradition).

Jabir did NOT relate "Istamta'a"
to consuming the marriage in general.

Furthermore, in the verse 4:24 Allah states, ".

.

.

And there
is no sin for you in what you both agree after fulfilling the
duty (i.

e.

, dowry of the first contract)".

The mutual agreement
after the duty refers to extending the period of temporary marriage
after full payment of the previous dower, so that the woman can
freely decide on the continuation of the marriage with no pressure
or temptation.

In this way, Allah encourages that people who are
engaged in Mut'a will get more reward if they extend it to a bigger
period (or perhaps convert it to a permanent marriage) by assigning
a new dower after fulfilling the previous dower.

Ibn Jarir al-Tabari
wrote in his commentary of Quran:

Some traditions mention that the meaning of "And there is
no sin for you in what you both agree after fulfilling the duty"
means: O people! There is no sin for you to have an agreement
between you and the women who you have had pleasure with them
in a fixed-term contract, to extend the period at the time when
the first period expires, and thus to prolong the temporary marriage
by increasing the reward (of the Hereafter) as well as the duty
(dowry) before you leave them.

It is narrated on the authority
of al-Suddy (RA) who said:

"And there is no sin for you in what you both agree after
fulfilling the requirement.

If the husband wishes he could convince
her (to accept the renewal) after paying her the first dowry and
just before the expiration date of marriage.

In that case he would
say to his wife: I contract Mut'a with you for such and such again.

Thus he extends it before he leaves her due to the expiration
of the first contract, and this is what the verse means.

"
(Tradition #9046)

Sunni reference: Tafsir al-Tabari, by Ibn Jarir al-Tabari, under
the verse 4:24, v8, p180.

Another reason for the fact that the dowry mentioned in the above
verse does not refer to permanent marriage, is that Quran has
already talked about the dowry for permanent marriage at the early
part of the very same chapter by saying:

4:3

".

.

.

Marry women of your choice two or three or four;
but if you fear that you shall not be able to deal justly (with
them) then only one.

.

.

"

4:4

"And give the women (of permanent marriage)
their dower as a free gift"

It is clear that the above verses are about permanent marriage
and the dowry associated with it.

So there would be no need that
Allah repeats it along with its associated dowry again in the
very same chapter.

However if Allah intended to discuss about
Mut'a, then it is some thing new.

And this can be inferred from
the choice of words which Allah used in the verse of Mut'a (4:24)
by using the derivative of Mut'a in contrast with the other verses
around it.

4:24

(.

.

.

Except the forbidden women) the rest are lawful unto
you to seek them with gifts from your property, provided that
you desire protection (from sin), not fornication.

So for whatever
you enjoyed (Istamta'tum) them by the contract, give unto
them their wages as a duty.

And there is no sin for you
in what you both agree (in extending the contract) after fulfilling
the duty (i.

e.

, dowry of the first contract).

Lo! Allah is ever
Knower, Wise.

Thus, in fact, Allah is discussing different types of marriages:
first, permanent marriage in the verses before Verse 24, then
temporary marriage in Verse 24, and then marriage with the slave
girls in Verse 25:

4:25

If any of you have not the means wherewith to wed free believing
women they may wed believing bondwomen from among those whom you
rightfully possess, and Allah has full knowledge about your faith.

You are one from another; wed them with the leave of their owners
and give them their wages according to what is reasonable;
they should be chaste not lustful nor taking paramours; when they
are taken in wedlock if they fall into shame their punishment
is half that for free women.

This (permission) is for those among
you who fear sin; And if you be patient, it is better for you;
and Allah is forgiving and Merciful.

Here Allah mentions the dower related to slave girls.

Thus Allah
repeated the issue of dowry three times, one for permanent marriage,
one for temporary marriage and one for the bondwomen.

Again, to stress that Verse 4:24 was revealed about temporary
marriage, we present more traditions from the Sunni commentators.

Al-Tabari mentioned that:

Mujahid (RA) said: "The phrase 'So for whatever you have
had of pleasure (Istamta'tum) with them by the contract [4:24]'
means the Temporary Marriage (Nikah al-Mut'a).

"

Sunni reference: Tafsir al-Tabari, by Ibn Jarir al-Tabari, under
the verse 4:24, v8, p176, Tradition #9034.

Also many Sunni commentary books mentioned similar to the tradition
of Sahih al-Bukhari (see part II) with more details and put it
under the verse 4:24 of Quran:

Imran Ibn Husain narrated: "The verse of Mut'a (4:24) was
revealed in Allah's Book, and there did NOT came any other verse
after that to abrogate it; and the Prophet ORDERED US to do it,
so we did it at the time of Allah's Apostle, and he did not forbade
us from it till he died.

But a man (who regarded it illegal) expressed
what his own mind suggested.

"

Sunni reference:

Tafsir al-Kabir, by al-Tha'labi, under commentary of verse
4:24 of Quran

Tafsir al-Kabir, by Fakhr al-Razi, v3, pp 200,202, under the
verse 4:24

Tafsir Ibn Hayyan, v3, p218, under commentary of verse 4:24
of Quran

Tafsir Nisaboori, by al-Nisaboori (8th century)

So it is clear that 'Imran Ibn Husain is talking about Mut'a of
women here, otherwise the above Sunni commentators would not put
it under this verse, or else such scholars are just stupid (may
Allah protect us from such words).

The positioning of such traditions
is another proof for the fact that the verse 4:24 is about Mut'a
of women.

In many traditions in the Sunni commentaries of Quran, the phrase
"to an appointed time" has been added to Verse 4:24
after the word Istamta'tum.

In other words, it reads "So
for whatever you have enjoyed (Istamta'tum) them by the contract
to an appointed time":


This however should be considered as commentary of the verse which
was revealed along with Quran, but NOT as a part of the Quran.

In fact, many verses were revealed by Allah which are not embodied
in the present Quran because they were commentaries of the verses
of Quran, but not a part of Quran itself.

It is well-known that
Hadith Qudsi is also revelation, but it is not a part of Quran.

In fact Quran testifies that anything that the Prophet said was
revelation.

Allah Almighty said in Quran about Prophet Muhammad
(PBUH&HF) that:

"Nor does he (Muhammad) speak out of his desire.

Whatever
he says is nothing but a revelation that is revealed.

" (Quran
53:3-4).

Thus all the speeches of the Prophet were revelation, and surely
the speeches of the Prophet were not limited to Quran.

It also
includes interpretation of Quran as well as his Sunnah.

Now let's
go back to the traditions which I wanted to present.

It is narrated
that:

Abu Nadhra said: Ibn Abbas (RA) recited the verse 4:24 with the
addition of "to an appointed time".

I
said to him: "I did not read it this way.

" Ibn Abbas
replied: "I swear by Allah, this is how Allah revealed it,"
and Ibn Abbas repeated this statement three times.

"

Sunni references:

Tafsir al-Kabir, by Ibn Jarir al-Tabari, under the verse 4:24,
v8, p177, Tradition #9038

Tafsir al-Kabir, by al-Tha'labi, under commentary of verse
4:24 of Quran narrating similar tradition from Jubair.

also:

Abu Nadhra said: I asked Ibn Abbas about temporary marriage (Mut'a
of women).

Ibn Abbas (RA) said: "Do you not read 'For whatever
you enjoyed (Istamta'tum) them by the contract to an appointed
time'?" I said: "If I would have read it this
way, I wouldn't ask you (about temporary marriage)!" He replied:
"Certainly the verse is about it.

"

Sunni reference: Tafsir al-Kabir, by Ibn Jarir al-Tabari, under
the commentary of verse 4:24, v8, p177, Traditions #9036-9037

It is also narrated that:

al-Suddy (RA) said: "The verse 'So for those of whom you
have had pleasure with them by the contract to an appointed
time' is about Mut'a, that is, a man marries a woman with
a provision (i.

e.

, dowry) for a fixed period of time and makes
two witnesses, and (if virgin,) he asks the permission of her
guardian, and when the time period is expired, they should separate
and they will not inherit each other.

"

Sunni reference: Tafsir al-Kabir, by Ibn Jarir al-Tabari, under
the commentary of verse 4:24, v8, p176, Tradition #9033

Moreover:

Abu Karib said Yahya said: "I saw a book with Nasir in which
it was: 'So for whatever you have had of pleasure with them by
the contract to an appointed time.

'"

Sunni references:

Tafsir al-Kabir, by Ibn Jarir al-Tabari, under the verse 4:24,
pp 176-177, Tradition #9035

Tafsir al-Kabir, by al-Tha'labi, under commentary of verse
4:24 of Quran narrating similar tradition from Ibn Abi Thabit.

Another companion, Ubay Ibn Ka'ab (who based on authentic Sunni
sources the Prophet ordered the companions to trust him in the
matter of Quran as one of the three trustee persons in this regard.

See Sahih al-Bukhari, English, vol.

6, Tradition #521) also mentioned
that additional phrase:

Qatadah (RA) said: "The way that Ubay Ibn Ka'ab recited the
verse was: 'So for those of whom you enjoyed by the contract to
an appointed time.

'"

Sunni reference: Tafsir al-Kabir, by Ibn Jarir al-Tabari, under
the commentary of verse 4:24, v8, p178, Tradition #9041

Beside the above mentioned authorities, there were others such
as Sa'id Ibn Jubair, Abi Is'haq, and Umay who have also mentioned
this extra phrase when reading this verse.

Well, as I said, this
extra phrase, though revealed, was only commentary and not a part
of Quran.

If one wants to write it, he should put it inside curly
brackets showing that it is not a part of Quran.

There are many
of such extra phrases which can be found in both Shia and Sunni
sources, but they are only the divine interpretation of the verses.

This concludes the discussion on the Quranic verse of Mut'a and
what Sunni commentators had to say about the verse.

In the next
part, we Insha Allah study the authentic Sunni collections of
traditions with regard to temporary marriage.