Prohibition of Two Lawful Pleasures

Islamic Truths Center
Prohibition of Two Lawful Pleasures

A Critical Assessment of Prohibition of Mut'a of
Hajj
and Mut'a Marriage
Author: Ayatollah Sayyid Ali Husaini Milani
Translator: Dr. S.A.R. Afali
!n the "ame of #od the $ene%cent the Merciful
Table of Contents
Prohibition of T&o 'a&ful Pleasures..................................(
Table of Contents...........................................................(
)or&ard.........................................................................*
Prohibition of T&o la&ful +leasures................................,
-mar bin .hattab:.....................................................,
Preface........................................................................../
Section 0ne.....................................................................1
Mut'a of hajj...................................................................... 1
2hat is the mut'a of hajj3............................................(4
The +rohibition of t&o mut'as and !mam Ali's o+inion. (4
#reat com+anions on +rohibition of t&o mut'as..........((
!bn Abbas................................................................((
Sa'ad bin Abi 2a55as..............................................(6
Abu Musa 'Ash'ari....................................................(*
7abir bin Abdullah Ansari..........................................(*
Abdullah bin -mar...................................................(8
!mran bin Husain.....................................................(8
!bn Ta9mi99a defends -mar but admits his mista:e....(,
Section T&o.................................................................... 66
Tem+orar9 Marriage.......................................................66
2hat is tem+orar9 marriage3......................................6*
Arguments for tem+orar9 marriage.............................68
Tem+orar9 marriage and ;uranic Argument for it.......68
Tem+orar9 marriage in tradition..................................6,
Tem+orar9 marriage and consensus............................6<
-mar forbids tem+orar9 marriage...............................6/
Prohibition of T&o 'a&ful Pleasures 6
#reat com+anions and +rohibition of tem+orar9
marriage.........................................................................*4
A defense of -mar...................................................*6
Three distincti=e o+inions........................................*6
A criti5ue of %rst o+inion.............................................*8
A criti5ue of the third o+inion......................................*8
A criti5ue of the second =ie&......................................*/
Prohibition ha++ens in 9ear of con5uest of Mecca.......*>
Prohibition ha++ens in battle of Tabu:.....................*>
Prohibition occurs in battle of Hunain......................*1
Prohibition of tem+orar9 marriage in battle of .haibar
.................................................................................... *1
Common criticisms......................................................84
?=aluation of +rohibition in con5uest of Mecca........86
An e=aluation of +rohibition in battle of Hunain.......86
?=aluation of +rohibition in battle of Tabu:..............8*
An e=aluation of +rohibition in battle of .haibar......88
Contradiction on time of +rohibition............................88
Sunni narrators and +la9ing &ith .haibar tradition. .8<
Points on signi%cation of .haibar tradition...............8>
Points concerning traditions narrated from !mam Ali
@a.sA................................................................................. ,(
A glance at life of Buhri...........................................,(
$ibliogra+h9................................................................,8
Prohibition of T&o 'a&ful Pleasures *
!n the "ame of #od the $ene%cent the Merciful
Forward
2ith the +ro+hetic mission of Harat Muhammad @sAC the
seal of the +ro+hetsC the last and the most +erfect di=ine
religion &as con=e9ed to humanit9 and +ro+hethood came
to an end.
The religion of !slam emerged in Mecca but after t&ent9
three 9ears of arduous eDorts made b9 the Messenger Allah
@sA and a handful of his lo9al com+anions it s+read all o=er
the Arabian Peninsula.
The continuation of this di=ine mission &as a tas: that
&as entrusted +ublicl9 on Dhul HijjaC the eighteenthC b9
AllahC the #loriousC to Ali @a.sAC the commander of the
faithful and the %rst +ersonalit9 after the Hol9 Pro+het @aA in
the &orld of !slam.
2ith the +roclamation of Harat AliEs guardianshi+ and
succession on this da9C di=ine blessings &ere com+leted
and the religion of !slam &as +erfectedC being announced as
the onl9 religion chosen b9 Allah. That &as ho& unbelie=ers
and +agans got disa++ointed from destro9ing !slam.
Soon after Fthe demise of the Messenger of Allah @sAGC
some of the com+anions of the Hol9 Pro+het @sA based on
their +reHhatched cons+iraciesC brought de=iation in the
course of guidance and leadershi+. The9 closed the gate of
the cit9 of :no&ledge +utting Muslims in +er+leIit9. )rom
the =er9 beginning of their ruleC the9 +laced the truths of
!slam J that &ere li:e shinning sun J behind the dar: clouds
of doubt and s:e+ticism b9 +utting a ban on recording
+ro+hetic traditions C s+reading fabricated traditions C
casting doubts and using h9+ocris9 and dece+tion.
Prohibition of T&o 'a&ful Pleasures ,
0b=iousl9C in s+ite of all cons+iracies hatched b9 the
enemies of !slamC the truths of !slam and noble sa9ings of
the Messenger of Allah @sA &ere +romulgated b9 the
Commander of the )aithfulC Ali @a.s.AC his successors and a
fe& of his de=out com+anions and those truths :e+t Ko&ing
and manifesting themsel=es in one &a9 or the other in the
course of histor9. $9 eI+laining the truthsC the9 did a&a9
&ith the doubtsC hesitationC illusionsC and unfounded beliefs
inculcated b9 the enemies of !slamC ma:ing truths clear to
all.
!n this res+ectC great scholars and men of :no&ledge
such as Shei:h Mu%dC Sa99id MurtadhaC .haja "asirC
Allamah HilliC ;adhi "urullahC Mir Hamid HusainC Sa99id
SharafuddinC Allamah Amini etc. are li:e shining stars for
the9 are the ones &ho defended !slamic truthsC eI+lained
the realities of the school of Ahlulba9t @a.s.A and dealt &ith
s+urious arguments using their tongues and +ens.
!n our eraC one of the of the scholars and researchers
&ho hasC &ith his elo5uent +en and eI+ressi=e &ritingC
eI+lained the truths of the religion of !slam and astutel9
defended the leadershi+ and &ila9ah @guardianshi+A of the
Commander of the )aithfulC Ali @a.s.A is A9atollah Sa99id Ali
Husaini Milani.
The !slamic Truths Center is +roud to embar: on re=i=ing
the fruitful and +recious &or:s of that great researcher b9
re=ie&ingC translating and +ublishing them in a bid to ma:e
them a=ailable to studentsC scienti%c %gures and those &ho
are in search for !slamic truths.
The boo: in 9our hand is a translation of one of his
&or:sC intended to ac5uaint the ?nglish audience &ith
!slamic truths. !t is eI+ected that this humble eDort &ill earn
the +leasure of the Remnant of AllahC the !mam of Time Fthe
t&elfth Shiite !mamG ma9 Allah hasten his rea++earance.
Prohibition of T&o 'a&ful Pleasures <
!slamic Truths Center
Prohibition of T&o 'a&ful Pleasures /
Prohibition of Two lawful pleasures
Umar bin Khattab:
T&o +leasures &ere la&ful and current during the time of
the Hol9 Pro+het @sA. ! +rohibit those both of them and
+unish those &ho commit them. The9 are mut'a @+leasureA
of hajj and mut'a @tem+orar9A marriage.
(
(
H )or the detailsC see the coming discussions.
Prohibition of T&o 'a&ful Pleasures >
!n the name of AllahC the $ene%centC the Merciful
All +raise is due to AllahC the 'ord of the &orlds and ma9
+ra9er and +eace be u+on our master and Pro+hetC
MuhammadC and his +ure +rogen9C and ma9 AllahEs curse
be u+on all their enemies from the %rst to the last one.
!n !slamic rulingsC &e ha=e t&o Mut'asC Mut'a of hajj and
Mut'a @tem+orar9A marriage. Muslim scholars ha=e from
long time ago seriousl9 discussed these t&o issues from
diDerent angles. The9 ha=e al&a9s +aid attention to them.
Scholars of +ast and +resent ha=e &ritten man9 boo:s in
this regardC &ith each one loo:ing from a +articular angle at
them.
Some scholars of tradition ha=e narrated a tradition from
the Hol9 Pro+het @sA &hich +rohibits tem+orar9 marriage.
The +resent &or: studies and anal9ses these issues in a
critical manner. Most of these traditions are narrated b9
$u:hari and Muslim from !mam Ali @a.sAC commander of the
faithful. As an instanceC in his SahihC Muslim "a9shaburi
narrates: 2hen !mam Ali @a.sA learns that !bn Abbas is of the
=ie& that Mut'a is +ermissibleC heC addressing himC sa9s:
Lou are a forgetful +erson. The Hol9 Pro+het @sA +rohibited
us from tem+orar9 marriage in the battle of .haibar.
These traditions are forged and fabricated. An9one &ho
studies im+artiall9 the chains and signi%cations of them
agrees that the9 are so @forged and fabricatedA.
The +resent &or: studies the chains of these traditions
on the basis of the o+inions eI+ressed b9 great and reliable
Sunni scholars. !t also e=aluates the main +arts of these
traditions com+aring their teIts &ith each other &ith the
aim to ma:e the truth +lain in regard &ith these traditions.
These assessments are made &ithin t&o sections. The %rst
section is on Mut'a of hajj and the second on tem+orar9
marriage.
2e as: Allah the ?Ialted to ma:e this discussion a useful
one for scholars and researchers. !t is Allah in &hose hand
lies success.
Ali Husaini Milani
Preface
There is consensus among Muslims that there are =erses
in the Hol9 ;uran on mut'a of hajj and tem+orar9 marriage.
!n regard &ith mut'a of hajj Allah sa9s:

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$ut &hen the +ilgrim is secure Ffrom the enem9 or illness
G then &hoe=er +erforms Hajj follo&ing '-mrahC he must
ma:e an oDering easil9 a=ailableC but he &ho is not able to
%nd an9 oDering he should fast three da9s during the hajj
and se=en da9s after his return to his homeC ma:ing ten
da9s com+lete. This is for him &hose household does not
li=e near the Sacred Mos5ue. )ear from the disobedience of
Allah's commands and :no& that Allah is the ser=er in
+unishment.
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!f 9ou marr9 them for the a++ointed time 9ou must +a9
their do&ries. There is no harm if 9ou reach an
6
H QuranC $a5arahC <1.
*
H !bidC "isaC 68.
Prohibition of T&o 'a&ful Pleasures (4
understanding among 9oursel=es about the do&r9. #od is
AllH:no&ing and AllH&ise.
0b=iousl9C Muslims acted in accordance &ith these
=erses until -mar bin .hattab after assuming cali+hate
declared:
T&o +leasures &ere la&ful and current during the time of
the Hol9 Pro+het @sA. ! +rohibit both of them and +unish
those &ho commit them. The9 are mut'a of hajj and
tem+orar9 marriage.
Thus there emerged diDerence among Muslims. The
follo&ers of -marC &ho considered his &ords as a +art of
their +rinci+les &ere +er+leIed as ho& to justif9 his &ords
&hich &ere as he himself admitted in contradiction &ith
Allah's commandment. -mar himself said that t&o +leasure
&ere la&ful and he +rohibited them.
Section One
Muta of ha!!
"hat is the muta of ha!!#
!n mut'a of hajjC a +ilgrim &ears ihram garment in hajj
months at Mi5at and then lea=es it for the house of Allah in
order to +erform Tamattu'a Hajj. FAfter arri=ing at the house
of AllahGC He circumambulatesC &al:s bet&een Safa and
Ma&aC does ta5sir
8
and then gets out of the state of ihram.
Thereu+on he once again enters the state of ihram in the
same journe9 in Mecca or +referabl9 at the Sacred Mos5ue.
Thereu+on he goes to&ards 'Arafat and Mash'ar alHHaram
+erforming hajj rituals to the end.
$9 doing thisC he is able to +erform tamatu'a hajj and
-mra Fin the same journe9G. The term 'mut'a' means
+leasure and enjo9ment. !n this :ind of hajjC things that are
+rohibited during ihramC are allo&ed in the inter=al bet&een
ihrams. That is &h9 it is called mut'a of hajj.
The prohibition of two mutas and Imam $lis opinion
2hen -mar +rohibited those t&o la&ful +leasures Fmuta'
of hajj and mut'a marriageGC !mam Ali @a.sAC the guardian of
Shari'a la&s and the su++orter of the Hol9 Pro+het @sA stood
against it.
Ahmad bin Hanbal and Muslim "a9shaburi ha=e narrated
certain traditions in this res+ect. Ahmad 5uotes Abdullah
bin Sha%5 as sa9ing: -thman used to +rohibit mut'a and Ali
@a.sA used to allo& it. Addressing -thmanC Ali @a.sA said: Lou
are so and soM
,

Thereu+on Ali @a.sA said: Lou :no& =er9 &ell that &e
used to +ractice mut'a at the time of the Hol9 Pro+het @sA.
8
H Ta5sir means shortening one's hairC beard or nail.
,
H in this traditionC the narrators ha=e omitted the &ords eIchanged
bet&een -thmanC the third cali+h and !mam Ali @a.sA or mentioned them
=aguel9. The9 ha=e not mentioned !mam Ali's ans&er to -thman's &ords.
According to some traditionsC -thman said something to !mam Ali @a.sA.
Prohibition of T&o 'a&ful Pleasures (*
-thman said: LesC but &e entertained fear.
<

!n another traditionC Sa'eed bin Musa99ab sa9s:
'Ali and '-thman diDered on HajjHatHTamattu' &hile the9
&ere at '-sfan @a familiar +lace near MeccaA. 'Ali saidC N! see
9ou &ant to forbid +eo+le from doing a thing that the
Pro+het did3N 2hen 'Ali sa& thatC he assumed !hram for
both Hajj and '-mra.
/
!n another traditionC Mar&an bin Ha:am sa9s:
! sa& '-thman and 'Ali. '-thman used to forbid +eo+le
from +erforming HajjHatHTamattu' and HajjHalH;iran @Hajj and
'-mra togetherAC and &hen 'Ali sa& @this act of '-thmanAC he
assumed !hram for Hajj and '-mra together sa9ingC
N'abbai: for '-mra and HajjCN and saidC N! &ill not lea=e the
tradition of the Pro+het on the sa9ing of somebod9.N
>
%reat companions on prohibition of two mutas
The great com+anions of the Hol9 Pro+het @sA ha=e also
con%rmed the stance that !mam Ali @a.sA too: in regard &ith
<
H Musnad AhmadC =ol. (C +. (,< and Musnad Ali bin Abi TalibC tradition
no. /,>.
/
H Sahih BukhariC =ol. 6C +. ,<1. Muslim has also narrated a similar
tradition. He 5uoting Musa99ab sa9s: Sa'id b. alHMusa99ab re+orted that 'Ali
and '-thman met at '-sfanO and -thman used to forbid @+eo+leA from
+erforming Tamattu' and '-mra @during the +eriod of HajjAC &hereu+on 'Ali
said: 2hat is 9our o+inion about a matter &hich the Messenger of Allah
@ma9 +eace be u+on himA did but 9ou forbid it3 Thereu+on -thman said: Lou
lea=e us aloneC &hereu+on he @'AliA said: ! cannot lea=e 9ou alone. 2hen 'Ali
sa& thisC he +ut on !hram for both of them together @both for Hajj and
'-mraA. @Sahih MuslimC traditionC no. (66*C and Musnad AhmadC =ol. (C +.
664A.
>
H Sahih BukhariC =ol. 6C +. ,</C traditionC no. (8>> and Musnad AhmadC
=ol. (C +. (,*. Muslim has also re+orted it: 'Abdullah b. Sha5i5 re+orted that
'-thman used to forbid Tamattu'C &hereas 'Ali @Allah be +leased &ith himA
ordered F+eo+leG to do it. '-thman said a &ord to 'AliC but 'Ali said: Lou :no&
that &e used to +erform Tamattu' &ith the Messenger of Allah @ma9 +eace
be u+on himA C &hereu+on he said: !t is rightC but &e entertained fear. This
hadith has been narrated b9 Shu'ba &ith the same chain of transmitters.
@MuslimC Book 7, Number 2815A.
the +rohibition of the t&o mut'as. Here are the =ie&s of
some of them:
Ibn $bbas
0ne of the com+anions &ho has rejected -mar's o+inion
is !bn Abbas. !n his MusnadC Ahmad bin Hanbal narrates:
0nce !bn Abbas said: The Hol9 Pro+het used to +erform
mut'a of hajj.
'Ar&a bin Bubair said: Abu $a:r and -mar +rohibited
mut'a of hajj.
$elittling himC !bn Abbas said: 2hat does this little 'Ar&a
sa93
'Ar&a said: ! said that Abu $a:r and -mar +rohibited
mut'a of hajj.
!n res+onse !bn Abbas said: ! thin: the9 are +erishedM !
sa9 that the Hol9 Pro+het sa9s so and so and he sa9s that
Abu $a:r and -mar forbade +eo+le from doing itM
1
1
H Musnad AhmadC =ol. (C +. ,,8C traditionC no. *(((. $u:hari ha=e also
narrated something +ertaining to the issue under discussion. See:
aA Abu 7amra narrates:! as:ed !bn Abbas about HajjHatHTamattu'. He
ordered me to +erform it. ! as:ed him about the Hadi @sacri%ceA. He saidC
NLou ha=e to slaughter a camelC a co& or a shee+C or 9ou ma9 share the
Hadi &ith the others.N !t seemed that some +eo+le disli:ed it @HajjHatH
TamattuA. ! sle+t and dreamt as if a +erson &as announcing: NHajj Mabrur
and acce+ted Mut'a @HajjHAtHTamattu'AN ! &ent to !bn Abbas and narrated it to
him. He saidC NAllah is #reater. @That &asA the tradition of Abu AlH;asim @i.e.
Pro+hetA. "arrated Shu'ba that the call in the dream &as. NAn acce+ted
'-mra and HajjHMabrur.N @Sahih $u:hariC Polume 6C $oo: 6<C "umber /8/A.
bA Abu Shu'ba: Abu 7amra "asr bin '!mran AdHDuba'i saidC N! intended to
+erform HajjHatHTamattu' and the +eo+le ad=ised me not to do so. ! as:ed !bn
Abbas regarding it and he ordered me to +erform HajjHatHTammatu'. 'ater !
sa& in a dream someone sa9ing to meC 'HajjHMabrur @Hajj +erformed in
accordance &ith the Pro+het's tradition &ithout committing sins and
acce+ted b9 AllahA and an acce+ted '-mra.' So ! told that dream to !bn
Abbas. He saidC 'This is the tradition of AbuHlH;asim.' Then he said to meC
'Sta9 &ith me and ! shall gi=e 9ou a +ortion of m9 +ro+ert9.' N ! @Shu'baA
as:edC N2h9 @did he in=ite 9ouA3N He @Abu 7amraA saidC N$ecause of the
dream &hich ! had seen.N @!bidC Polume 6C $oo: 6<C "umber <*>A.
Prohibition of T&o 'a&ful Pleasures (,
Saad bin $bi "a&&as
Sa'ad bin Abi 2a55as did not acce+t -mar's o+inion
either. !n his SunanC Tirmidhi 5uotes Muhammad bin
Abdullah bin Harith bin "u%l as sa9ing: Sa'ad bin 2a55as
and Dahha: bin ;a9s &ere tal:ing on muta' of hajj. Dahha:
bin ;a9s said that no one eIce+t someone &ho does not
:no& about shari'a la&s does it @mut'a of hajjA.
Sa'ad said: M9 ne+he&M Ho& bad 9our idea isM
Dahha: said: -mar bin .hattab has +rohibited it @mut'a of
hajjA.
Sa'ad said: The Messenger of Allah did it and follo&ing
him &e did it too.
After 5uoting this traditionC Tirmidhi sa9s that the chain
of this tradition is authentic.
(4
$bu Musa $shari
Another com+anion &ho has refused to acce+t -mar's
o+inion is Abu Musa Ash'ari. !n his MusnadC Ahmad sa9s:
Abu Musa al&a9s decreed that mut'a of hajj &as
+ermissible. 0ne da9 a man addressing himC said: Re=ie&
some of 9our decreesC as 9ou do not :no& that -marC
commander of the faithful has gi=en a ne& decree
concerning hajj ritualsM
Thereu+onC Abu Musa met -mar and as:ed him about it.
!n res+onseC -mar said: ! :no& that the Hol9 Pro+het @sA did
it and his com+anions alsoC follo&ing himC did itC but ! did
not li:e Muslims to @lea=e mut'a of hajj andA ma:e seI &ith
(4
H Sunan TirmidhiC =ol. 6C +. 668C traditionC no. >68. Muslim has also
narrated some =ariation of this tradition:
#hunaim b. ;ais said: ! as:ed Sa'd b. Abu 2a55as about Mut'aC
&hereu+on he said: 2e did thatC and it &as the da9 &hen he &as an
unbelie=er li=ing in @one of theA houses of Mecca. @Sahih Muslim Book 7
,Number 2821A.
their &i=es under these ara:
((
trees and then +erform hajj
rituals &hile their heads and hairs are &et.
(6

'abir bin $bdullah $nsari
7abir bin Abdullah Ansari &as also among the
com+anions &ho &ere o++osed to -mar's o+inion
concerning mut'a of hajj. Muslim in his Sahih and others
ha=e re+orted the follo&ing:
Abu "adra re+orted: !bn'Abbas continued to decree that
mut'a of hajj &as +ermissibleC but !bn Bubair forbade doing
it. ! made a mention of it to 7abir b. Abdullih and he said: !t
is through me that this hadith has been circulated. 2e
entered into the state of !hram as Tamattu' &ith the
Messenger of Allah @ma9 +eace be u+on himA. 2hen '-mar
&as !nstalled as Cali+hC he said: Peril9 Allah made
+ermissible for His Messenger @ma9 +eace be u+on himA
&hate=er He li:ed. ;uran is re=ealed for a +articular
occasion. "o& ho&e=er se+arate hajj from umra @mut'a of
hajjA and lea=e aside tem+orar9 marriage. And an9 +erson
&ould come to me &ith a marriage of a++ointed duration
@Mut'aAC ! &ould stone him @to deathA.
(*

((
H 'Ara:' is a :ind of tree that gro&s in deserts. Similar to a +omegranate
treeC it is e=er green. !n the +astC Arabs used to ma:e toothbrush from its
branches.
(6
H Musnad AhmadC =ol. (C +. >(C traditionC no. *,*.
(*
H Sahih Muslim, =ol. *C +. ,<C tradition no. (6(/. Lou can also see:
Abd "adra re+orted: 2hile ! &as in the com+an9 of 7ibirC a +erson came
and said: There is diDerence of o+inion among !bn Abbas and !bn Bubair
about t&o Mut'as @Tamattul in Hajj and tem+orar9 marriage &ith &omenAC
&hereu+on jibir said: 2e ha=e been doing this during the lifetime of Allah's
Messenger @ma9 +eace be u+on himAC and then '-mar forbade us from doing
itC and &e ne=er resorted to them @Sahih Muslim Book 7 , Number 2874A.
See also: Shihab re+orted: ! left for Mecca for HajjHatHTamattu'
assuming !hram for '-mra. ! reached Mecca three da9s before the da9 of
Tar&i9a @>th DhulHHijjaA. Some +eo+le of Mecca said to meC NLour Hajj &ill be
li:e the Hajj +erformed b9 the +eo+le of Mecca @i.e. 9ou &ill lose the
su+eriorit9 of assuming !hram from the Mi5atA. So ! &ent to 'Ata' as:ing him
his =ie& about it. He saidC N7abir bin 'Abdullah narrated to meC '! +erformed
Hajj &ith Allah's A+ostle on the da9 &hen he dro=e camels &ith him. The
+eo+le had assumed !hram for HajjHalH!frad. The Pro+het ordered them to
$bdullah bin Umar
Abdullah bin -mar &as also o++osed to his father's
decree concerning mut'a of hajj. 2hen he &as as:ed about
mut'a of hajjC he saidC NMut'a of hajj is +ermissibleN. 2hen
the 5uestioner said that his father had forbidden itC he saidC
N!f m9 father forbade it and the Hol9 Pro+het +ermitted itC
&hom should &e follo&C m9 father or the Hol9 Pro+het @sA3N
2hen the 5uestioner said 'indeed the Messenger of Allah's
command'C Abdullah bin -mar saidC NThe Messenger of Allah
@sA did it himselfN.
(8

Imran bin (usain
According to !bn Abd alH$arr in his al-Isi!ab and !bn Hajar
As5alani in his al-Isaba, !mran bin Husain &as one of the
great com+anions and jurists.
(,
During the last da9s of his
lifeC he &as eItremel9 critical of -mar's o+inion. Muslim
narrates a tradition as under:
Mutarrif re+orted: '!mran bin Husain sent for me during
his illness of &hich he diedC and said: ! am narrating to 9ou
some traditions &hich ma9 bene%t 9ou after me. !f ! li=e 9ou
conceal @the fact that these ha=e been transmitted b9 meAC
and if ! dieC then 9ou narrate them if 9ou li:e @and these
areA: ! am blessedC and bear in mind that the Messenger of
%nish their !hram after Ta&af round the .a'baC and bet&een Safa and Mar&a
and to cut short their hair and then to sta9 there @in MeccaA as nonHMuhrims
till the da9 of Tar&i9a @i.e. >th of DhulHHijjaA &hen the9 &ould assume !hram
for Hajj and the9 &ere ordered to ma:e the !hram &ith &hich the9 had come
as for '-mra onl9. The9 as:edC 'Ho& can &e ma:e it '-mra @Tamattu'A as &e
ha=e intended to +erform Hajj3' The Pro+het saidC 'Do &hat ! ha=e ordered
9ou. Had ! not brought the Hadi &ith meC ! &ould ha=e done the sameC but !
cannot %nish m9 !hram till the Hadi reaches its destination @i.e. is
slaughteredA.' SoC the9 did @&hat he ordered them to doA.N @Polume 6C $oo:
6<C "umber <*1A.
(8
H Sunan TirmidhiC =ol. 6C +. 668C traditionC >6,.
(,
H Al-Isi!abC =ol. *C +. 6>8 and al-IsabahC =ol. 8C +. ,>8. !n his "ad al-
Mi!ad # $uda %hair al-IbadC !bn ;a99im sa9sC N!mran bin Hasin is better than
-thman. According to someC he sa& angels and &as greeted b9 them as he
himself +oints out &hen he sa9s that he &as greeted. He died in ,6 AH in
$asrahN.
Allah @ma9 +eace be u+on himA combined Hajj and -mra.
Then no =erse &as re=ealed in regard to it in the $oo: of
Allah @&hich abrogated itA and the A+ostle of Allah @ma9
+eace be u+on himA did not forbid @from doing itA. And
&hate=er a +erson @-marA said &as out of his +ersonal
o+inion.
(<

Commenting on traditions that indicate that !mran bin
Hasin &as den9ing itC "a&a=i sa9sC NAll these traditions
unanimousl9 agree that !mran intended to sa9 that mut'a of
hajj and 5iran hajj
(/
both &ere +ermissible. This tradition
li:e&ise clearl9 indicates that !mran is critical of -mar's
decree concerning mut'a of hajjN.
(>
(<
H Sahih Muslim, &ol' (, )' 7*, radiion, 12(+' See also,
aA '!mran b. alHHusain @Allah be +leased &ith himA said: .no& &ell that
Allah's Messenger @ma9 +eace be u+on himA combined 'Hajj and '-mraC and
nothing &as re=ealed in the $oo: @to abrogate itAC and the Messenger of
Allah @ma9 +eace be u+on himA too did not forbid us from @combiningA them.
And &hate=er a +erson @-marA said &as out of his +ersonal o+inion. @Sahih
Muslim Book 7 ,Number 282-A.
bA '!mran b. Husain @Allah be +leased &ith himA re+orted: 2e +erformed
Tamattu' @Hajj and '-mra combining togetherA in the com+an9 of Allah's
Messenger @ma9 +eace be u+on himAC and nothing &as re=ealed in the
;ur'an @concerning the abrogation of this +racticeAC and &hate=er a +erson
@-marA said &as his +ersonal o+inion. '!mran b. Husain narrated this hadith
@in these &ords alsoA: NAllah's A+ostle @ma9 +eace be u+on himA +erformed
Hajj Tamattu' and &e also +erformed it along &ith him.N@ Sahih Muslim Book
7 ,Number 28(*A.
cA '!mran b. Husain said: There &as re=ealed the =erse of Tamattu' in Hajj
in the $oo: of Allah and the Messenger of Allah @ma9 +eace be u+on himA
commanded us to +erform it and then no =erse &as re=ealed abrogating the
Tamattu' @form of HajjAC and the Messenger of Allah @ma9 +eace be u+on
himA did not forbid FusG to do it till he +assed a&a9. So &hate=er a +erson
@-marA said &as his +ersonal o+inion. A hadith li:e this is transmitted on the
authorit9 of !mran b. HusainC but &ith this =ariation that he @'!mranA said: 2e
did that @Tamattu'A in the com+an9 of Allah's Messenger @ma9 +eace be
u+on himA and he did not sa9 an9thing but he @the Hol9 Pro+hetA
commanded us to do it.@ Sahih Muslim Book 7 ,Number 28(1A.
(/
H ;iran hajj is a :ind of hajj that is +erformed b9 those &hose habitation
is not located more than (< farsa:hs from The Sacred Mos5ue.
(>
H Al-Minha.C a commentar9 on Sahih MuslimC =ol. >C +. (<>.
Ibn Ta)mi))a defends Umar but admits his mista*e
!bn Ta9mi99aC a great Sunni scholar has also commented
in this regard. Defending -mar's o+inion concerning
&omenC he sa9s that -mar &anted to order Fhis follo&ersG
to do a better thing. To substantiate his +oint of =ie&C he
resorts to !bn -mar's &ordsC sa9ing that Abdullah bin -mar
used to allo& mut'a. 2hen he &as told that his father had
+rohibited itC he said that his father meant something else
Ffrom +rohibiting Mut'aG.
!n shortC !bn Ta9mi99a &ants to sa9 that the +rohibition
=erdict issued b9 -mar &as something acting on &hich &as
o+tional not com+ulsor9C im+l9ing that -mar did not reall9
+rohibit the said t&o mut'as.
(1

!n m9 +oint of =ie&C the justi%cation on the bases of
&hich -mar &anted to order his +eo+le to do a better thing
is not acce+table at all. This is utterl9 false and ridiculous.
0n the other handC he has attributed something to !bn
-marC &hich is in contradiction &ith &hat is narrated from
!bn -mar in Sunni boo:s. According to !bn .athirC Abdullah
used to o++ose his father to the eItent that &hen he &as
told that his father used to +rohibit mut'aC he saidC N! am
afraid lest Allah descends stones from the s:9 on 9ouM The
Messenger of Allah @sA used to do it. 2hose tradition should
&e no& follo&C the Hol9 Pro+het's tradition or -mar's3M
64

The main +oint in !bn Ta9mi99a's &ords is his denial of
-mar's o+inion according to &hich the said t&o mut'as are
forbidden.
6(
A grou+ of scholars ha=e ho&e=erC as &e &ill
mentionC narrated this o+inion.
"e=erthelessC it seems that !bn Ta9mi99a has sensed
that his struggles for the justi%cation of -mar's stand are in
(1
H Minha. al-SunnaC =ol. 8C ++. (>6 and (>*.
64
H Tarikh Ibn %ahirC =ol. ,C +. (,1.
6(
- Minha. al-SunnaC =ol. 8C ++. (>6 and (>*.
=ainC leading no&here. That is &h9 he hel+lessl9 mentions
that Sunni scholars are unanimous that it is onl9 the
Messenger o Allah &hose deeds are authoritati=e and &e
are su++osed to follo& them. According to himC on the =ie&
of Sunni scholars all human beings eIce+t the Hol9 Pro+het
@sA are +rone to error and -mar is no eIce+tion to this
rule.
66

The stand ta:en b9 -mar is considered to be an
'inno=ation'C being an instance of the tradition re+orted b9
Abu Musa Ash'ariC &ho 5uotes the Hol9 Pro+het as sa9ing:
K,
"
>
N
5
1
"
"
# 4
-K.P N
>Q
C 2
++S
>(
= ,
6*
! am 9our +redecessor at the 'a:eH)ountC and some of
9ou &ill be brought in front of me till ! &ill see them and
then the9 &ill be ta:en a&a9 from me and ! &ill sa9C '0 'ordC
m9 com+anionsM' !t &ill be saidC 'Lou do not :no& &hat the9
did after 9ou had left.'
!t can be said that the main aim behind forbidding mut'a
of hajj &as to re=i=e a tradition that &as current at the time
of ignorance. This is because it &as considered a major sin
on earth at the time of ignorance to do mut'a of hajj during
the hajj months.
68

66
H !bid.
6*
- Sahih BukhariC $oo: on Ri5a5C Cha+ter on 'a:eH)ountC ++. />/H/>>.
68
H The +eo+le @of the PreHlslamic PeriodA used to thin: that to +erform
'-mra during the months of Hajj &as one of the major sins on earth. And
also used to consider the month of Safar as a forbidden @i.e. sacredA month
and the9 used to sa9C N2hen the &ounds of the camel's bac: heal u+ @after
the9 return from HajjA and the signs of those &ounds =anish and the month
of Safar +asses a&a9 then @at that timeA '-mra is +ermissible for the one
&ho &ishes to +erform it.N !n the morning of the 8th of DhulHHijjaC the
Pro+het and his com+anions reached MeccaC assuming !hram for Hajj and he
ordered his com+anions to ma:e their intentions of the !hram for'-mra onl9
@instead of HajjA so the9 considered his order as something great and &ere
+uledC and saidC N0 Allah's A+ostleM 2hat :ind @of %nishingA of !hram is
allo&ed3N The Pro+het re+liedC N)inish the !hram com+letel9 li:e a nonH
Muhrim @9ou are allo&ed e=er9thingA.N @$u:hariC Polume 6C $oo: 6<C "umber
!n his al-Sunan al-%ubraC $a9ha5i 5uotes !bn Abbas as
sa9ing: $9 AllahC the Messenger of Allah did not ta:e Aisha
&ith himself during the hajj months but to declare the
tradition +racticed at the time of ignorance as null and =oid.
That is &h9 there are man9 authentic traditions that 5uote
the Hol9 Pro+het @sA as sa9ing:
> U4/? V W U$; . > H A X V! U44=H
!f ! had formerl9 :no&n &hat ! came to :no& latel9C !
&ould not ha=e brought the Hadi @sacri%cial animalA &ith
me. FHad there been no Hadi &ith meC ! &ould ha=e %nished
the state of lhramG . Sura5a b. Mali: b. 7u'shum said: 0
Messenger of AllahC is it @this concession +utting oD !hram
of Hajj or -mraA meant for this 9ear or is it fore=er3 He said:
!t is fore=er.
6,
<*,A
6,
H The full teIt of this tradition is under:
'Ata' re+orted: !C along &ith some +eo+leC heard 7abir b. 'Abdullah sa9ing:
2e the Com+anions of Muhammad @ma9 +eace be u+on himA +ut on !hram
for Hajj onl9. Ata' further said that 7abir stated: Allah's A+ostle @ma9 +eace
be u+on himA came on the 8th of Dhu'lHHijja and he commanded us to +ut
oD !hram. 'Ata'said that he @Allah's A+ostleA commanded them to +ut oD
!hram and to go to their &i=es @for interH courseA. 'Ata' said: !t &as not
obligator9 for themC but @intercourseA &ith them had become +ermissible.
2e said: 2hen onl9 %=e da9s had been left to reach 'ArafaC he @the Hol9
Pro+hetA commanded us to ha=e intercourse &ith our &i=es. And &e reached
'Arafa in a state as if &e had just made intercourse @&ith themA. He @'Ata'A
said: 7abir +ointed &ith his hand and ! @+ercei=eA as if ! am seeing his hand
as it mo=ed. !n the @meantimeA the A+ostle of Allah @ma9 +eace be u+on
himA stood amongst us and said: Lou are &ell a&are that ! am the most #odH
fearingC most truthful and most +ious amongst 9ou. !f ! had formerl9 :no&n
&hat ! came to :no& latel9C ! &ould not ha=e brought the Hadi &ith me. Had
there been no Hadi &ith meC ! &ould ha=e %nished the state of lhram. So
the9 @the Com+anionsA +ut oD !hrim and &e also +ut oD and listened to @the
Hol9 Pro+hetA and obe9ed @his commandA. 7abir said: 'All came &ith the
re=enue of the taIes @from LemenA. He @the Hol9 Pro+hetA said: )or &hat
@+ur+oseA ha=e 9ou entered into the state of !hram @&hether 9ou entered
into the state +urel9 for Hajj andC -mra jointl9 or Hajj and -mra se+aratel9A3
He said: )or the +ur+ose for &hich the A+ostle of Allah @ma9 +eace be u+on
himA had entered. @The Hol9 Pro+het had entered as a ;iranC i.e. !hram
co=ering both -mra and Hajj simultaneousl9.A Thereu+on Allah's Messenger
@ma9 +eace be u+on himA said: 0Der a sacri%ce of animalC and retain !hram.
And 'All brought a sacri%cial animal for him @for the Hol9 Pro+hetA. Sura5a b.
According to this traditionC it is not necessar9 to ma:e
sacri%ce in order to get out of the state of ihram. !t
indicates that it is +ermissible to get out of the state of
ihram after com+leting the rituals of umra of tamattu'a. The
said tradition is re+orted b9 all Sahihs and $u:hari has
allocated a +articular cha+ter to it.
Mali: b. 7u'shum said: Messenger of AllahC is it @this concession +utting oD
!hram of Hajj or -mraA meant for this 9ear or is it fore=er3 He said: !t is
fore=er. @Sahih MuslimC Book 7, Number 27-7A.
?lse&here Muslim narrates:
aA 7abir @Allah be +leased &ith himA said.: 2e &ent &ith Allah's Messenger
@ma9 +eace be u+on himA in 'a state of !hram for the Hajj. There &ere
&omen and children &ith us. 2hen &e reached Mecca &e circumambulated
the House and @ranA bet&een alHSafa and alHMar&a. The Messenger of Allah
@ma9 +eace be u+on himA said: He &ho has no sacri%cial animal &ith him
should +ut oD lhram. 2e said: 2hat :ind of +utting oD3 He said: #etting out
of lhram com+letel9. So &e came to our &i=esC and +ut on our clothes and
a++lied +erfume. 2hen it &as the da9 of Tar&i9aC &e +ut on !hram for Hajj.
and the %rst circumambulation and @runningA bet&een alHSafa and alHMar&a
suQced us..Allah's Messenger @ma9 +eace be u+on himA commanded us to
become se=en +artners @in the sacri%ceA of a camel and a co&. @MuslimC
Book 7, Number 27-4/'
bA 'A'isha re+orted that the Messenger of Allah @ma9 +eace be u+on himA
came out on the 8th or ,th of Dhul'!HHijja @for Pilgrimage to MeccaA and
came to meC and he &as =er9 angr9. ! said: Messenger of AllahC &ho has
anno9ed 9ou 3 Ma9 Allah cast him in %re ! He said: Don't 9ou :no& that !
commanded the +eo+le to do an actC but the9 are hesitant. @Ha:am said: !
thin: that he said: The9 seem to be hesitant.A And if ! &ere to :no& m9 aDair
before &hat ! had to do subse5uentl9C ! &ould not ha=e brought &ith me the
sacri%cial animalsC and &ould ha=e bought them @at MeccaA and &ould ha=e
+ut oD lhram as others ha=e done. @SahihC MuslimC Book 7, Number 2785/'
cA 7a'far b Muhammad re+orted on the authorit9 of his father: 2e &ent to
7abir b. Abdullah and he began in5uiring about the +eo+le @&ho had gone to
see himA till it &as m9 turn. ! said: ! am Muhammad b. 'Ali b. Husain. He
+laced his hand u+on m9 head and o+ened m9 u++er button and then the
lo&er one and then +laced his +alm on m9 chest @in order to bless meAC and !
&asC during those da9sC a 9oung bo9C and he said: Lou are &elcomeC m9
ne+he&. As: &hate=er 9ou &ant to as:. And ! as:ed him but as he &as blind
@he could not res+ond to me immediatel9AC and the time for +ra9er came. He
stood u+ co=ering himself in his mantle. And &hene=er he +laced its ends
u+on his shoulders the9 sli++ed do&n on account of being short @in sieA.
Another mantle &asC ho&e=erC l9ing on the clothes rac: nearb9. And he led
us in the +ra9er. ! said to him: Tell me about the Hajj of Allah's Messenger
@Ma9 +eace be u+on himA. And he +ointed &ith his hand nineC and then
stated: The Messenger of Allah @ma9 +eace be u+on himA sta9ed in @MedinaA
for nine 9ears but did not +erform HajjC then he made a +ublic
announcement in the tenth 9ear to the eDect that Allah's Messenger @ma9
+eace be u+on himA &as about to +erform the Hajj. A large number of
+ersons came to Medina and all of them &ere anIious to follo& the
Messenger of Allah @Ma9 +eace be u+on himA and do according to his doing.
2e set out &ith him till &e reached Dhu'lHHulaifa. Asma' daughter of -mais
ga=e birth to Muhammad b. Abu $a:r. She sent message to the Messenger
of Allah @Ma9 +eace be u+on himA as:ing him: 2hat should ( do3 He @the
Hol9 Pro+hetA said: Ta:e a bathC bandage 9our +ri=ate +arts and +ut on
!hram. The Messenger of Allah @Ma9 +eace be u+on himA then +ra9ed in the
mos5ue and then mounted alH;as&a @his sheHcamelA and it stood erect &ith
him on its bac: at alH$aida'. And ! sa& as far as ! could see in front of me but
riders and +edestriansC and also on m9 right and on m9 left and behind me
li:e this. And the Messenger of Allah @ma9 +eace be u+on himA &as
+rominent among us and the @re=elationA of the Hol9 ;ur'an &as descending
u+on him . And it is he &ho :no&s @its trueA signi%cance. And &hate=er he
didC &e also did that. He +ronounced the 0neness of Allah @sa9ingA:
N'abbai:C 4 AllahC 'abbai:C 'abbai:. Thou hast no +artnerC +raise and grace
is Thine and the So=ereignt9 tooO Thou hast no +artner.N And the +eo+le also
+ronounced this Talbi9a &hich the9 +ronounce @toda9A. The Messenger of
Allah @Ma9 +eace be u+on himA did not reject an9thing out of it. $ut the
Messenger of Allah @Ma9 +eace.be u+on himA adhered to his o&n Talbi9a.
7abir @Allah be +leased &ith himA said: 2e did not ha=e an9 other intention
but that of Hajj onl9C being una&are of the -mra @at that seasonAC but &hen
&e came &ith him to the HouseC he touched the +illar and @made se=en
circuitsA running three of them and &al:ing four. And then going to the
Station of !brahimC he recited: NAnd ado+t the Station of !brahim as a +lace
of +ra9er.N And this Station &as bet&een him and the House. M9 father said
@and ! do not :no& &hether he had made a mention of it but that &as from
Allah's A+ostle FMa9 +eace be u+on himG that he recited in t&o ra:'ahs: Nsa9:
He is Allah 0neCN and sa9: NSa9: 4 unbelie=ers.N He then returned to the
+illar @Hajar As&adA and :issed it. He then &ent out of the gate to alHSafa'
and as he reached near it he recited: NAlHSafa' and alHMar&a are among the
signs a++ointed b9 AllahCN @adding:A ! begin &ith &hat Allah @has
commanded meA to begin. He %rst mounted alHSafa' till he sa& the HouseC
and facing ;ibla he declared the 0neness of Allah and glori%ed HimC and
said: NThere is no god but AllahC 0neC there is no +artner &ith Him. His is the
So=ereignt9. to Him +raise is due. and He is Po&erful o=er e=er9thing. There
is no god but Allah aloneC 2ho ful%lled His +romiseC hel+ed His ser=ant and
Section Two
routed the confederates alone.N He then made su++lication in the course of
that sa9ing such &ords three times. He then descended and &al:ed to&ards
alHMar&aC and &hen his feet came do&n in the bottom of the =alle9C he ranC
and &hen he began to ascend he &al:ed till he reached alHMar&a. There he
did as he had done at alHSafa'. And &hen it &as his last running at alHMar&a
he said: !f ! had :no&n beforehand &hat ! ha=e come to :no& after&ardsC !
&ould not ha=e brought sacri%cial animals and &ould ha=e +erformed an
'-mra. SoC he &ho among 9ou has not the sacri%cial animals &ith him should
+ut oD !hram and treat it as an -mra. Sura5a b. Mali: b. 7u'sham got u+ and
said: Messenger of AllahC does it a++l9 to the +resent 9earC or does it a++l9
fore=er3 Thereu+on the Messenger of Allah @Ma9 +eace be u+on himA
intert&ined the %ngers @of one handA into another and said t&ice: The '-mra
has become incor+orated in the Hajj @addingA: N"oC but for e=er and e=er.N
'All came from the Lemen &ith the sacri%cial animals for the Pro+het @Ma9
+eace be u+on himA and found )atimah @Allah be +leased &ith herA to be one
among those &ho had +ut oD !hram and had +ut on d9ed clothes and had
a++lied antimon9. He @Hadrat'AliA sho&ed disa++ro=al to itC &hereu+on she
said: M9 father has commanded me to do this. He @the narratorA said that
'Ali used to sa9 in !ra5: ! &ent to the Messenger of Allah @ma9 +eace be u+on
himA sho&ing anno9ance at )atimah for &hat she had doneC and as:ed the
@=erdictA of Allah's Messenger @ma9 +eace be u+on himA regarding &hat she
had narrated from himC and told him that ! &as angr9 &ith herC &hereu+on
he said: She has told the truthC she has told the truth. @The Hol9 Pro+het
then as:ed 'AliA: 2hat did 9ou sa9 &hen 9ou undertoo: to go for Hajj3 ! @'AliA
said: 4 AllahC ! am +utting on !hram for the same +ur+ose as Th9 Messenger
has +ut it on. He said: ! ha=e &ith me sacri%cial animalsC so do not +ut oD
the !hram. He @7abirA said: The total number of those sacri%cial animals
brought b9 'Ali from the Lemen and of those brought b9 the A+ostle @ma9
+eace be u+on himA &as one hundred. Then all the +eo+le eIce+t the
A+ostle @ma9 +eace be u+on himA and those &ho had &ith them sacri%cial
animalsC +ut oD !hram C and got their hair cli++edO &hen it &as the da9 of
Tar&i9a @>th of Dhu'lHHijjaA the9 &ent to Mina and +ut on the !hram for Hajj
and the Messenger of Ailah @ma9 +eace be u+on himA rode and led the noonC
afternoonC sunset '!sha' and da&n +ra9ers. He then &aited a little till the sun
roseC and commanded that a tent of hair should be +itched at "amira. The
Messenger of Allah @ma9 +eace be u+on himA then set out and the ;uraish
did not doubt that he &ould halt at alHMash'ar alHHaram @the sacred siteA as
the ;uraish used to do in the +reH!slamic +eriod. The Messenger of Allah
@ma9 +eace be u+on himAC ho&e=erC +assed on till he came to 'Arafa and he
Prohibition of T&o 'a&ful Pleasures 6,
Temporar) Marria+e
found that the tent had been +itched for him at "amira. There he got do&n
till the sun had +assed the meridianO he commanded that alH;as&a should
be brought and saddled for him. Then he came to the bottom of the =alle9C
and addressed the +eo+le sa9ing: Peril9 9our bloodC 9our +ro+ert9 are as
sacred and in=iolable as the sacredness of this da9 of 9oursC in this month of
9oursC in this to&n of 9ours. $ehold M ?=er9thing +ertaining to the Da9s of
!gnorance is under m9 feet com+letel9 abolished. Abolished are also the
bloodHre=enges of the Da9s. of !gnorance. The %rst claim of ours on bloodH
re=enge &hich ! abolish is that of the son of Rabi'a b. alHHarithC &ho &as
nursed among the tribe of Sa'd and :illed b9 Hudhail. And the usur9 of she
+reH!slamic +eriod is abolishedC and the %rst of our usur9 ! abolish is that of
'Abbas b. 'Abd alHMuttalibC for it is all abolished. )ear Allah concerning
&omen M Peril9 9ou ha=e ta:en them on the securit9 of AllahC and
intercourse &ith them has been made la&ful unto 9ou b9 &ords of Allah. Lou
too ha=e right o=er themC and that the9 should not allo& an9one to sit on
9our bed &hom 9ou do not li:e. $ut if the9 do thatC 9ou can chastise them
but not se=erel9. Their rights u+on 9ou are that 9ou should +ro=ide them
&ith food and clothing in a %tting manner. ! ha=e left among 9ou the $oo: of
AllahC and if 9ou hold fast to itC 9ou &ould ne=er go astra9. And 9ou &ould be
as:ed about me @on the Da9 of ResurrectionAC @no& tell meA &hat &ould 9ou
sa93 The9 @the audienceA said: 2e &ill bear &itness that 9ou ha=e con=e9ed
@the messageAC discharged @the ministr9 of Pro+hethoodA and gi=en &ise
@sincereA counsel. He @the narratorA said: He @the Hol9 Pro+hetA then raised
his fore%nger to&ards the s:9 and +ointing it at the +eo+le @saidA: N0 AllahC
be &itness. 4 AllahC be &itnessCN sa9ing it thrice. @$ilal thenA +ronounced
Adhan and later on !5ama and he @the Hol9 Pro+hetA led the noon +ra9er. He
@$ilalA then uttered !5ama and he @the Hol9 Pro+hetA led the afternoon
+ra9er and he obser=ed no other +ra9er in bet&een the t&o. The Messenger
of Allah @ma9 +eace be u+on himA then mounted his camel and came to the
+lace of sta9C ma:ing his sheHcamel alH;as&aC turn to&ards the side &here
there &e are roc:sC ha=ing the +ath ta:en b9 those &ho &ent on foot in front
of himC and faced the ;ibla. He :e+t standing there till the sun setC and the
9ello& light had some&hat goneC and the disc of the sun had disa++eared.
He made -sama sit behind himC and he +ulled the nosestring of ;as&a so
forcefull9 that its head touched the saddle @in order to :ee+ her under
+erfect controlAC and he +ointed out to the +eo+le &ith his right hand to be
moderate @in s+eedAC and &hene=er he ha++ened to +ass o=er an ele=ated
tract of sandC he slightl9 loosened it @the noseHstring of his camelA till she
climbed u+ and this is ho& he reached alHMudalifa. There he led the
Prohibition of T&o 'a&ful Pleasures 6<
"hat is temporar) marria+e#
!n a tem+orar9 marriage a free and &ise &oman
concludes a marriage contract &ith a Muslim man on a
s+eci%ed do&r9 and time and the man acce+ts the contract.
This is called tem+orar9 or mut'a marriage. The conditions
necessar9 for this :ind of marriage are the same as those
e=ening and '!sha +ra9ers &ith one Adhan and t&o !5amas and did not
glorif9 @AllahA in bet&een them @i.e. he did not obser=e su+ererogator9
ra:'ahs bet&een Maghrib and '!sha' +ra9ersA. The Messenger of Allah @ma9
+eace be u+on himA then la9 do&n till da&n and oDered the da&n +ra9er
&ith an Adhan and !5ama &hen the morning light &as clear. He again
mounted alH;as&aC and &hen he came to alHMash'ar alHHaramC he faced
to&ards ;iblaC su++licated HimC #lori%ed HimC and +ronounced His
-ni5ueness @'a ilaha illa AllahA and 0nenessC and :e+t standing till the
da9light &as =er9 clear. He then &ent 5uic:l9 before the sun roseC and
seated behind him &as alH)adl b. 'Abbas and he &as a man ha=ing beautiful
hair and fair com+leIion and handsome face. As the Messenger of Allah
@Ma9 +eace be u+on himA &as mo=ing onC there &as also going a grou+ of
&omen @side b9 side &ith themA. AlH)adl began to loo: at them. The
Messenger of Allah @ma9 +eace be u+on himA +laced his hand on the face of
)adl &ho then turned his face to the other sideC and began to seeC and the
Messenger of Allah @ma9 +eace be u+on himA turned his hand to the other
side and +laced it on the face of alH)adl. He again turned his face to the
other side till he came to the bottom of Muhassir.(<>4 He urged her @alH
;as&aA a littleC andC follo&ing the middle roadC &hich comes out at the
greatest jamraC he came to the jamral<>6&hich is near the tree. At this be
thre& se=en small +ebblesC sa9ing AllahHoHA:bar &hile thro&ing e=er9 one of
them in a manner in &hich the small +ebbles are thro&n @&ith the hel+ of
%ngersA and this he did in the bottom of the =alle9. He then &ent to the
+lace of sacri%ceC and sacri%ced siIt9Hthree @camelsA &ith his o&n
hand.(<18 Then he ga=e the remaining number to 'All &ho sacri%ced themC
and he shared him in his sacri%ce. He then commanded that a +iece of Kesh
from each animal sacri%ced should be +ut in a +otC and &hen it &as coo:edC
both of them @the Hol9 Pro+het and Hadrat 'AllA too: some meat out of it and
dran: its sou+. The Messenger of Allah @Ma9 +eace be u+on himA again rode
and came to the HouseC and oDered the Buhr +ra9er at Mecca. He came to
the tribe of Abd alHMuttalibC &ho &ere su++l9ing &ater at BamamC and said:
Dra& &ater. 4 $ani 'Abd alHMuttalibO &ere it not that +eo+le &ould usur+ this
right of su++l9ing &ater from 9ouC ( &ould ha=e dra&n it along &ith 9ou. So
the9 handed him a bas:et and he dran: from it. @!bidC Book 7 ,Number
28*(A.
$u:hari has also narrated similar traditions:
The Pro+het and his com+anions assumed !hram for Hajj and none
eIce+t the Pro+het @+.b.u.hA and Talha had the Hadi @sacri%ceA &ith them.
Prohibition of T&o 'a&ful Pleasures 6/
needed for +ermanent marriage. Among these conditions is
that there should not be an9 obstacle @on the &a9 of this
marriageA &hether b9 blood or b9 marriage.
!n this :ind of marriage li:e the +ermanent marriageC it is
+ermissible to gi=e +o&er of attorne9 to a concluder of
marriage. The child the9 &ill ha=e &ill be legitimate
belonging to its father. All the conse5uences of +ermanent
marriage including mahrami9at @intimac9A and iddah @a
+eriod during &hich a di=orced or &ido&ed &oman man9
not be married to another manA can be follo&ed through
tem+oral marriage.
The diDerence bet&een these t&o :inds of marriages is
that in tem+orar9 marriage se+aration can ta:e +lace &ith
the eI+iration of the time %Ied or the eIem+tion of the
remaining time &ithout a++l9ing di=orce.
The idda +eriod in this :ind of marriage is t&o menstrual
+eriods for &omen &ho ha=e reached meno+ause. This is to
sa9 if the &oman in 5uestion has goat her +eriod. 0ther&ise
idda +eriod &ill be 8, da9s.
Among other conditions of this :ind of marriage is that
man and &oman do not inherit from each other and man is
'Ali arri=ed from Lemen and had a Hadi &ith him. 'Ali saidC N! ha=e assumed
!hram for &hat the Pro+het has done.N The Pro+het ordered his com+anions
to +erform the '-mra &ith the lhram &hich the9 had assumedC and after
%nishing Ta&af @of .a'baC Safa and Mar&aA to cut short their hairC and to
%nish their lhram eIce+t those &ho had Hadi &ith them. The9 @the +eo+leA
saidC NHo& can &e +roceed to Mina @for HajjA after ha=ing seIual relations
&ith our &i=es3N 2hen that ne&s reached the Pro+het he saidC N!f ! had
formerl9 :no&n &hat ! came to :no& latel9C ! &ould not ha=e brought the
Hadi &ith me. Had there been no Hadi &ith meC ! &ould ha=e %nished the
state of lhram.N 'Aisha got her mensesC so she +erformed all the ceremonies
of Hajj eIce+t Ta&af of the .a'baC and &hen she got clean @from her
mensesAC she +erformed Ta&af of the .a'ba. She saidC N0 Allah's A+ostleM @All
of 9ouA are returning &ith the Hajj and '-mraC but ! am returning after
+erforming Hajj onl9.N So the Pro+het ordered 'AbdurHRahman bin Abu $a:r
to accom+an9 her to Tan'im and thus she +erformed the '-mra after the
Hajj. @Sahih $u:ahriC Polume 6C $oo: 6<C "umber /(*A.
Prohibition of T&o 'a&ful Pleasures 6>
not su++osed to s+onsor her. The fact that tem+orar9
marriage has its s+eci%c rules and regulations not a=ailable
in +ermanent marriage does mean that there are t&o :inds
of marriages in !slam. !t does not im+l9 either that
tem+orar9 marriage is li:e marriage of bond &omenC
diDerent from +ermanent marriage. The diDerence bet&een
the t&o is limited to a fe& legal &ords.
$r+uments for temporar) marria+e
The Hol9 ;uranC +ro+hetic tradition and the consensus
among Shia and Sunni scholars signif9 that this :ind of
marriage &as legitimate and current in !slam. Here are the
arguments for this :ind of marriage.
Temporar) marria+e and ,uranic $r+ument for it
Allah sa9s:
6<

"
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Then as to those &hom 9ou +ro%t b9 gi=e them their
do&ries as a++ointed
A tradition tells us that according to a grou+ of
com+anions and their follo&ers &ho &ere a reference in
reciting the Hol9 ;uran and com+rehending its =ersesC the
said =erse is about tem+orar9 marriage. !t is said that the9
used to recite it as under:
" : !D X Y1,
6<
HThe entire =erse is as under:
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And all married &omen eIce+t those &hom 9our right hands +ossess
@this isA Allah's ordinance to 9ouC and la&ful for 9ou are @all &omenA besides
thoseC +ro=ided that 9ou see: @themA &ith 9our +ro+ert9C ta:ing @themA in
marriage not committing fornication. Then as to those &hom 9ou +ro%t b9C
gi=e them their do&ries as a++ointedO and there is no blame on 9ou about
&hat 9ou mutuall9 agree after &hat is a++ointedO surel9 Allah is .no&ingC
2ise. @;uranC "isaC 68A.
Then as to those &hom 9ou +ro%t b9 until an a++ointed
time .
The9 used to record this =erse as mentioned abo=e in
their co+ies of the Hol9 ;uran. According to this readingC
the Hol9 ;uran is =er9 clear about tem+orar9 marriage.
Among those &ho considered this =erse as =erif9ing
tem+orar9 marriage are Abdullah bin AbbasC -bai bin .a'abC
Abdullah bin MasudC 7abir bin AbdullahC Abu Sa'aeed .hidriC
Sa'aeed bin 7abirC MujahiC Suddi and ;utada.
6/

Moreo=erC traditionists ha=e 5uoted !bn Abbas as sa9ing
three times: $9 AllahC Allah has re=ealed this =erse in that
&a9.
Abo=e allC ;urtubi mentions that according to all
scholars this =erse is about tem+orar9 marriage. According
to himC all ha=e said that this =erse is about tem+orar9
marriage that &as current at the earl9 +eriod of !slam.
6>
Temporar) marria+e in tradition
There are se=eral traditions concerning tem+orar9
marriage but &e &ill suQce to narrating onl9 one tradition
that is re+orted from Abdullah bin Mas'ud b9 $u:hariC
MuslimC Ahmad bin Hanbal and others:
2e used to +artici+ate in the hol9 &ars carried on b9 the
Pro+het and &e had no &omen @&i=esA &ith us. So &e said
@to the Pro+hetA. NShall &e castrate oursel=es3N $ut the
Pro+het forbade us to do that and thenceforth he allo&ed us
to marr9 a &oman @tem+oraril9A b9 gi=ing her e=en a
garmentC and then he recited:
6/
H )or further information seeC the commentaries b9 TabariC ;urtubiC !bn
.athirC Bama:hshari and Su9uti. See also Ah:am alH;uran b9 HassasC =ol. 6C
+. 64>C alHSunan alH.ubra b9 $a9ha5iC =ol. /C +. **,C alHMihhaj b9 "a&a=iC
=ol. 1C +. (,* and alHMughni b9 !bn ;udamaC =ol. /C +. ,/(.
6>
H Tafsir ;urtubiC =ol. ,C +. (*4. Here he sa9s: iloZ^ {an ^oZ^ _oZ^ a`
r^ _ Ra Z^
Prohibition of T&o 'a&ful Pleasures *4
$ !$ $Z >D[ H > W/L Y= @ "\ . H . A @ H ]$ $
61
N0 9ou &ho belie=eM Do not ma:e unla&ful the good
things &hich Allah has made la&ful for 9ou.N
*4
!t is ho&e=er ob=ious &h9 !bn Mas'ud has recited this
=erse after narrating the said tradition. He did so because
he &as critical of the man @-marA &ho forbade it.
61
H QuranC MaedaC >/.
*4
H Sahih BukhariC =ol. ,C +. (1,*C traditionC 8/>/C Musnad AhmadC =ol. (C
+. <16 and Musnad Abdullah bin Mas'udC tradition *1/<.
See also:
a/ "arrated b9 7abir bin 'Abdullah and Salama bin AlHA:&a': 2hile &e
&ere in an arm9C Allah's A+ostle came to us and saidC NLou ha=e been
allo&ed to do the Mut'a @marriageAC so do it.N Salama bin AlHA:&a'
said: Allah's A+ostle's saidC N!f a man and a &oman agree @to marr9
tem+oraril9AC their marriage should last for three nightsC and if the9
li:e to continueC the9 can do soO and if the9 &ant to se+arateC the9
can do so. @Sahih $u:hariC Polume /C $oo: <6C "umber ,6A
b/ 2e used to +artici+ate in the hol9 battles led b9 Allah's A+ostle and
&e had nothing @no &i=esA &ith us. So &e saidC NShall &e get
oursel=es castrated3N He forbade us that and then allo&ed us to
marr9 &omen &ith a tem+orar9 contract and recited to us:'0 9ou &ho
belie=eM Ma:e not unla&ful the good things &hich Allah has made
la&ful for 9ouC but commit no transgression.' @!bidC
0/ Abdullah @b. Mas'udA re+orted: 2e &ere on an eI+edition &ith Allah's
Messenger @ma9 +eace be u+on himA and &e had no &omen &ith us.
2e said: Should &e not ha=e oursel=es castrated3 He @the Hol9
Pro+hetA forbade us to do so He then granted us +ermission that &e
should contract tem+orar9 marriage for a sti+ulated +eriod gi=ing her
a garmentC and 'Abdullah then recited this =erse: 'Those &ho belie=e
do not ma:e unla&ful the good things &hich Allah has made la&ful for
9ouC and do not transgress. Allah does not li:e transgressorsN @alH
;ur'anC =. >/A. @Sahih Muslim, Book 8, Number (24(A
d/ 7abir b. 'Abdullah re+orted: 2e contracted tem+orar9 marriage gi=ing
a handful of @tales or Kour as a do&er during the lifetime of Allah's
Messenger @ma9 +eace be u+on himA and durnig the time of Abu $a:r
until '-mar forbade it in the case of 'Amr b. Huraith. @!bidC Book 8,
Number (24-A.
e/ !bn -raij re+orted: 'Ati' re+orted that jibir b. Abdullah came to +erform
'-mraC and &e came to his abodeC and the +eo+le as:ed him about
diDerent thingsC and then the9 made a mention of tem+orar9
marriageC &hereu+on he said: LesC &e had been bene%ting oursel=es
b9 this tem+orar9 marriage during the lifetime of the Hol9 Pro+het
@ma9 +eace be u+on himA and during the time of AbiM $a:r and '-mar.
@!bidC Book 8, Number (248/
Prohibition of T&o 'a&ful Pleasures *(
Temporar) marria+e and consensus
Muslims unanimousl9 agree that tem+orar9 marriage is a
:ind of marriage. After mentioning some s+eci%cations of
tem+orar9 marriage he mentions:
Pre=ious scholars did not diDer that tem+orar9 marriage
is a :ind of marriage in &hich there is no inheritance and in
&hich se+aration ta:es +lace after the eI+iration of the
duration of contract needing thus no di=orce.
;urtubi then 5uotes !bn Ati99a on the s+eci%cations of
this contract and its rulings.
*(

Tabari also 5uotes Saddi as sa9ingC N!n this :ind of
marriageC man marries a &oman on a +reHs+eci%ed do&r9
and time N
*6
!n his al-TamhidC !bn Abd alH$arrC sa9sC NScholars are
unanimous that in tem+orar9 marriage there is no need for
&itness or the +ermission of the guardian of the &oman.
Similarl9 all agree that this :ind of marriage is tem+orar9 in
&hich there is no eIchange of inheritance and in &hich
se+aration ta:es +lace &ith the termination of the duration
of contract J not &ith di=orce.N
**

Umar forbids temporar) marria+e
@'i:e mut'a of hajjAC tem+orar9 marriage &as la&ful and
current during the time of the Hol9 Pro+het @sAC Abu $a:r
and e=en for some &hile at the time of -marC until -mar
1/ Abu "adra re+orted: 2hile ! &as in the com+an9 of 7abir b. AbdullahC
a +erson came to him and said that !bn 'Abbas and !bn Bubair diDered
on the t&o t9+es of Mut'as @Tamattu'a of Hajj (>8< and Tamattu'a &ith
&omenAC &hereu+on 7abir said: 2e used to do these t&o during the
lifetime of Allah's Messenger @ma9 +eace be u+on himA.-mar then
forbade us to do themC and so &e did not re=ert to them. @!bidC Book
8, Number (25*/'
*(
H Ta1sir QurubiC =ol. ,C +. (*6.
*6
H Ta1sir TabariC =ol. ,C +. (>.
**
H Al-TamhidC =ol. ((C +. (46.
forbade it sa9ingC NT&o +leasures &ere la&ful and current at
the time of the Messenger of Allah @sA but ! forbade both of
them and +unish those &ho do them. The9 are +leasure
@mut'aA of hajj and tem+orar9 @mut'aA marriage.
This &ord of -mar has been mentioned in tradition
sources as &ell as in commentar9 and theological boo:s.
Among the boo:s that contain itC are: Ta1sir 2a3i, Sharh
Ma!ani al-Ahar, Ba4ha5i!s al-Sunan al-%ubra, Bida4a al-
Mu.aheed, al-Muhallah, 6assas!s Ahkam al-Quran, Ash!arie
Qush.i!s Sharh al-Ta.rid, Ta1sir Qurubi, al-Mu7hni, 8ad al-
Mi!ad # $uda %hair al-Ibad, al-"urr al-Mansur, %an3 al-
9mmal and :a#4a al-A!a4an.
*8
Some historians and traditionists such as Sara:hsi ha=e
mentioned that this tradition is authentic. 0thers li:e !bn
;a99im 7a&i ha=e testi%ed to the authenticit9 of this
tradition.
!n his al-Muhadira, Raghib !sfahani sa9s: Addressing a
shei:h in $asraC Lah9a bin A:tham saidC N2hom do 9ou
follo& in +ermitting mut'a3N N! follo& -marNC he re+lied.
NHo& do 9ou follo& him &hile he &as among the strictest
o++onents of mut'a3NC he as:ed. NThis is because according
to an authentic traditionC he mounted +ul+it and said: Allah
and His Messenger @sA made t&o mut'as la&ful to 9ouC but !
forbade them and +unish those &ho do them. ! acce+t his
testimon9 that this +ractice &as la&ful but ! do not acce+t
his =erdictNC he ans&ered.
*,

*8
H Tasir 2a3iC =ol. *C +. (</. Sharh Ma'ani alHAtharC +. */8, Ba4ha5i!s al-Sunan al-
%ubraC =ol. /C +. 64<C Bida4a al-Mu.ahidC =ol. (C +. *8<C al-MuhallaC =ol. /C +. (4/C
6assas!s ahkam al-Qur!anC =ol. (C +. 6/1C Asharie Qush.i!s Sharh Ta.rid @sarcastic
remar:s on -marAC Ta1sir QurubiC =ol. *C +. *4/C al-Mu7hniC =ol. /C +. 6/C 8ad al-
Ma!ad # $uda %hair al-ibadC =ol. 6C +. *4,. Al-"urr al-MansurC =ol. 6C +. (8(C %an3 al-
9mmalC =ol. >C +. 61* and :a#4a al-A4anC =ol. ,C +. (1/.
*,
- Qush.i!s Sharh Ta.ridC +. 8>8.
Prohibition of T&o 'a&ful Pleasures **
According to some traditionsC -mar forbade the said t&o
mut'as +lus &ith 'Ha99a ala :hair alH'Amal' cha+ter in the
aan and i5ama of dail9 +ra9ers.
!n accordance &ith a traditionC 'Ata 5uotes 7abir bin
Abdullah Ansari as sa9ing:
2e used to +ractice tem+orar9 marriage during the time
of the Hol9 Pro+het until Amr bin Huraith tem+oraril9
married a &oman @&hose name 7abir mentioned but !
forgotA to&ards the end of -mar's cali+hate. She became
+regnant. 2hen -mar learnt about it he summoned her and
as:ed: N!s it true that 9ou ha=e tem+oraril9 married3N NLesNC
she re+lied. N2ho is 9our &itness3N As:ed -mar. According
to Ata she introduced her mother or guardian as her
&itness. N!s there an9one else &ho stands &itness3NC -mar
as:ed.
!t &as after this ha++ening that -mar forbade tem+orar9
marriage.
*<
There are other similar traditions in accordance
*<
H Sahih MuslimC =ol. *C +. (18C traditionC no. (84,C Musnad AhmadC =o. 8C +.
6*/C Musnad 6abir bin AbdullahC traditionC (*>,<C $a9ha5i's al-Sunan al-%ubra, %iab
al-Sida5C traditionC no. (8*<>C al-Musanna1 b9 Abd alHRaa5C =ol. /C +. 8>/ tradition
no. (846(.
See also:
aA 7abir b. 'Abdullah re+orted: 2e contracted tem+orar9 marriage gi=ing a
handful of @tales or Kour as a do&er during the lifetime of Allah's Messenger @ma9
+eace be u+on himA and durnig the time of Abu $a:r until '-mar forbade it in the
case of 'Amr b. Huraith. @MuslimC Book 8, Number (24-/
bA 7abir b. 'Abdullah and Salama b. alHA:&a' said: There came to us the
+roclaimer of Allah's Messenger @ma9 +eace be u+on himA and said: Allah's
Messenger @ma9 +eace be u+on himA has granted 9ou +ermission to bene%t
9oursel=esC i.e. to contract tem+orar9 marriage &ith &omen. @!bidC Book 8, Number
(24+/
cA !bn -raij re+orted: 'Ati' re+orted that jibir b. Abdullah came to +erform '-mraC
and &e came to his abodeC and the +eo+le as:ed him about diDerent thingsC and
then the9 made a mention of tem+orar9 marriageC &hereu+on he said: LesC &e had
been bene%ting oursel=es b9 this tem+orar9 marriage during the lifetime of theHol9
Pro+het @ma9 +eace be u+on himA and during the tinie of AbiM $a:r and '-mar.
@Book 8, Number (248A.
dA Sabra 7uhanni re+orted: Allah's Messenger @ma9 +eace be u+on himA
+ermitted tem+orar9 marriage for us.So ! and another +erson &ent out and sa& a
&oman of $ana 'AmirC &ho &as li:e a 9oung longHnec:ed sheHcamel. 2e +resented
oursel=es to her @for contracting tem+orar9 marriageAC &hereu+on she said: 2hat
do&er &ould 9ou gi=e me3! said: M9 cloa:. And m9 com+anion also said: M9 cloa:.
And the cloa: ofHm9 com+anion &as su+erior to m9 cloa:C but ! &as 9ounger than
&ith some of &hich -mar threatens her that he &ould stone
her to death.
*/

According to another traditionC a S9rian man came to
Medina and married a &oman there tem+oraril9. He sta9ed
&ith her for sometimes until the +eriod ended. 2hen -mar
learnt about itC he summoned him and as:edC N2h9 did 9ou
marr9 her tem+oraril93N N2e did so during the lifetime of
the Hol9 Pro+het @sA but he did not +rohibit us from doing it
until he died. Same &as the case &ith Abu $a:r. He did not
+re=ent us from doing it until he died and 9ou came to
+o&er. 2e ha=e not heard that 9ou ha=e forbidden
tem+orar9 marriageNC he ans&ered. N! s&ear b9 the 0ne in
&hose hand is m9 lifeC if ! had forbidden tem+orar9
marriage before ! &ould ha=e stoned 9ou to deathNC -mar
said.
*>
As it is +lainC all traditions attribute the +rohibition of
tem+orar9 marriage to -marC using these &ordings: N2hen
-mar came to +o&er he +rohibited t&o mut'asNC N-mar
forbade itNC NA man @-marA issued a selfHfabricated =erdictN
etc.
Thus if it &ere the Hol9 Pro+het @sA &ho +rohibited it no
one &ould attribute the +rohibition or its ill conse5uences to
-mar.
!mam Ali @sA is 5uoted as ha=ing said: H> A 7 X!K 7 :
XK^ H X?B
*1
he. So &hen she loo:ed at the cloa: of m9 com+anion she li:ed itC and &hen she
cast a glance at me ! loo:ed more attracti=e to her.She then said: 2ellC 9ou and
9our cloa: are suQcient for me.! remained &ith her for three nightsC and then Allah's
Messenger @ma9 +eace be u+on himA said: He &ho has an9 such &oman &ith &hom
he had contracted tem+orar9 marriageC he should let her oD. @!bidC Book 8, Number
(252/.
*/
H -mar is also 5uoted as ha=ing saidC N! &ill stone to death an9one &ho is
brought to me because of +racticing tem+orar9 marriage. !f he is dead and buried !
&ill stone his gra=eN. Sara:hsi's alHMabsutC =ol. ,C +. (,*.
*>
- %an3 al-9mmalC =ol. (<C +. 6(>C tradition no. >8,/(>.
*1
H Abd alHRaa5's al-Musanna1C =ol. /C +. ,44C traditionC no. (846, Ta1sir TabariC
=ol. ,C +. (1C alH"urr al-MansurC =ol. 6C +. 6,(C Ta1sir 2a3iC =ol. (4C +. ,6.
Prohibition of T&o 'a&ful Pleasures *,
!f -mar did not +rohibit tem+orar9 marriage no one &ould
commit adulter9 eIce+t a =icious +erson.
!bn Abbas is also 5uoted as ha=ing said: NTem+orar9
marriage &as nothing but Allah's blessing to His ser=ants. !f
-mar did not +rohibit tem+orar9 marriage no one &ould
commit adulter9 eIce+t a =icious +erson.N
84
Therefore the %rst one &ho +rohibited tem+orar9
marriage &as -mar bin .hattab.
8(
!t is -mar himself &ho
sa9s that t&o mut'as @+leasure of hajj and tem+orar9
marriageAC &ere legal during the time of the Hol9 Pro+het
@sA but he forbids them.
He does not tal: about the Hol9 Pro+het's +rohibition.
!nsteadC he attributes it to himself. He considers +unishment
for outla&s. 2hen the S9rian man said that until then he
had recei=ed no =erdict from him forbidding tem+orar9
marriageC he did not refute his &ords. He instead admitted
that until then tem+orar9 marriage &as legal.
The tradition also contains the term ' "4 _ ' &hich means
'9ou did not in=ent'. The a++lication of the term 'in=ent'
im+lies that -mar's =erdict &as an inno=ation in religious
matters.
%reat companions and prohibition of temporar)
marria+e
Albeit some com+anions such as Abdullah bin Bubair
ha=e follo&ed -mar in +rohibiting tem+orar9 marriage great
com+anionsC follo&ing the Hol9 ;uran and the Hol9
Pro+het's traditionC belie=ed that it &as la&ful. )orerunners
among great com+anions &ere !mam Ali @sA and other
infallibles.
84
H Ta1sir QurubiC =ol. ,C +. (*4. Some ha=e used the term 'tri=ial' in +lace of the
term of '=icious'. See al-Niha4aC =ol. 6C +. 8*/C Ta. al-ArusC =ol. (1C +. ,/> and other
Arabic glossaries.
8(
H Ta!arikh al-%hula1aC +. (*/.
Prohibition of T&o 'a&ful Pleasures *<
?I+ressing his +oint of =ie& in this regardC !bn Ham
sa9sC NSome great com+anions continued to consider
tem+orar9 marriage as la&ful after the demise of the Hol9
Pro+het @sA. included among them are AsmaC daughter of
Abu $a:rC 7abir bin Abdullah AnsariC !bn Mas'udC !bn AbbasC
Mu'a&i9a bin Abi Suf9anC Amr bin HuraithC Abu Sa'aeed
.hidriC Salma and Ma'abadC children of HalfN.
7abir bin Abdullah Ansari has 5uoted all com+anions as
sa9ing that tem+orar9 marriage &as la&ful at the time of
the Hol9 Pro+het @sAC Abu $a:r and the earl9 +eriod of
-mar's cali+hate. )rom among the follo&ers of com+anions
@Tabi'aeenAC it &as Ta&oosC 'AtaC Sa'aeed bin 7ubair and
other jurists of Mecca &ho considered tem+orar9 marriage
as la&ful.
86
!bn HaamC ho&e=er does not mention names
such as !mran bin Husain and other com+anions. ;urtubi
has also mentioned these names. ;uoting !bn Abd alH$arrC
he sa9sC NAll the follo&ers of !bn Abbas from the +eo+le of
Macca and Lemen ha=e follo&ed him in considering
tem+orar9 marriage as la&fulN.
8*

Abd alHMali: bin Abd Ai @d. (81 AHAC :no&n as !bn 7arihC
a +rominent jurist in MeccaC has considered tem+orar9
marriage as la&ful. He is a great juristC a &ellH:no&n
follo&er of com+anionsC a reliable traditionist and one of the
narrators from &hom $u:hari and Muslim ha=e narrated. !t
is said that he contracted tem+orar9 marriage &ith about
14 &omen.
!bn .hlla:an sa9s that during his cali+hateC Ma'amoon
+roclaimed tem+orar9 marriage as legal. Muhammad bin
Mansoor and Abu alHAina @from among the jurists of his
courtA +aid him a =isit and tried to change his =ie&C but
Ma'amoon &ho &as brushing his teethC got angr9C
86
H Al-MuhallaC =ol. 1C +. (61.
8*
H Ta1sir QurubiC =ol. *C +. (**.
Prohibition of T&o 'a&ful Pleasures */
mentioning the &ord of -marC NT&o +leasures &ere la&ful at
the time of the Messenger of Allah and Abu $a:r but ! forbid
themN Fand sa9ingCG N0 crossHe9edM Ho& can 9ou +rohibit
&hat the Messenger of Allah @sA and Abu $a:r ha=e done3N
Muhammad bin Mansur &anted to sa9 something to
Ma'amoonC but Abu alH'Aina told him 5uietl9C N2hat &ould
9ou li:e to sa9 to a +erson &ho sa9s such things so
eI+licitl9 about -mar3N
At this momentC Lah9a bin A:tam entered. He met
Ma'amoon behind closed doors. He tal:ed to him about the
dangers of sedition @that his theor9 ma9 causeA and thus
&as able to change his =ie&.
88

$ defense of Umar
2e &ill no& deal &ith the &ords of those &ho trouble
themsel=es in =ain in order to defend -mar and justif9 this
action of his. This is because the legalit9 of tem+orar9
marriages is indis+utable and is among the selfHe=ident
truths of !slam from the +ers+ecti=e of ;uran and Pro+het's
tradition. Des+ite all these the second cali+h tries to resist
it.
Three distincti-e opinions
Those &ho tried to justif9 -mar's =erdict are roughl9
s+ea:ing of three categories:
One: The Messenger of Allah @sA abrogated the legalit9 of
tem+orar9 marriageC but no one other than -mar &as
a&are of it.
After relating some justi%cations for -mar's action and
den9ing themC )a:har Rai relates the abo=e mentioned
o+inionC sa9ingC N The onl9 o+tion left is to sa9C &hen -mar
said that tem+orar9 marriage &as la&ful at the time of the
88
H :a#4a al-A!a4anC =ol. <C ++. (81 J (,4.
Prohibition of T&o 'a&ful Pleasures *>
Hol9 Pro+het @sA but he +rohibited itC he meant that it &as
+ro=en to him that the Hol9 Pro+het had forbidden itN.
8,
After mentioning this &ord of -marC "a&a=i sa9s that
those &ho contracted tem+orar9 marriage at the time of
Abu $a:r and -mar &ere not a&are of its abrogation.
8<

Two: The Hol9 Pro+het @sA himself +rohibited tem+orar9
marriage.
Three: -mar +rohibited tem+orar9 marriage.
!bn ;a99im 7a&i has related the second and third
o+inions.
8/
Those &ho acce+t the second =ie& and sa9 that
it &as the Pro+het himself &ho +rohibited tem+orar9
marriage are highl9 di=ided on &hen the Hol9 Pro+het @sA
+rohibited it. The9 fall into se=en di=isions
8>
&hich sa9 that
abrogation ha++ened:
(. at the battle of .haibar. This =ie& is su++orted b9
Sha%'ai.
6. at the time of +erforming umra hajj after the con5uest
of Mecca.
*. in the 9ear of the con5uest of Mecca. !bn 'Ai9na and
others follo&ed it.
8. at the battle of A&tas.
,. at the battle of Huna9n.
Commenting on this =ie&C !bn ;a99im sa9s that since
the battle of Hunain is connected to con5uest of MeccaC
8,
H Ta1sir %abirC =ol. (4C +. ,<.
8<
H Al-Minha., Sharh Sahih MuslimC =ol. 1C +. (,/.
8/
H 8ad al-Mi!ad # $uda %hair al-IbadC =ol. 6C ++. (>8H(>,.
8>
H !bn ;a99im has mentioned onl9 four instances: $attle of .ha9barC Con5uest
of MeccaC $attle of Hunain and )are&ell Hajj. @8ad al-Mi!ad # $uda %hair al-IbadC =ol.
6C +. (>*. The other three intances are ta:en from ;ah al-BariC =ol. 1. P. 6(4.
therefore this =ie& can be reduced to the second =ie&.
81
2e
&ill deal &ith this o+inion later.
<. in the 9ear in &hich the battle of Tabu: occurred. 2e
&ill tal: about it later.
/. in the 9ear in &hich )are&ell Hajj ha++ened. !bn
;a99im is of the =ie& that this o+inion is the illusion of
some re+orters. !n their imaginar9 journe9C the9 co=ered
the distance bet&een the con5uest of Mecca and the
)are&ell Hajj. This is because imaginar9 journe9s from one
+oint to anotherC from one time to another or from one
e=ent to another is something that fre5uentl9 ha++ens for
narratorsM
,4

!n shortC the su++orters of the third o+inionC are of the
=ie& that -mar +rohibited tem+orar9 marriage but the Hol9
Pro+het ordered his communit9 to follo& his tradition and
&hat his guided cali+hs order.
,(

2e ha=e ta:en these =ie&s from &hat the9 ha=e said
here and there &ithout an9 s+eci%c order and arrangement.
!t is ho&e=er good to e=aluate these o+inions.
$ criti&ue of first opinion
!t &ould be far better for )a:hr RaiC the imam of the
Sunnis if he did not touch the 5uestion of abrogation at the
hand of the Hol9 Pro+het @sA and -mar's eIclusi=e
:no&ledge about it. This is because one cannot acce+t that
-mar &as a&are of abrogation and !mam Ali @a.sA and other
great com+anions did not :no& about it. 2h9 did the Hol9
Pro+het @sA tell him about it3 2h9 didn't he mention this
&hen !mranC an illiterate man &as ad=ising him3 Addressing
himC !mran saidC NLour communit9 is critical of 9ou because
81
H 8ad al-Ma!ad # $uda %hair al-IbadC =ol. 6C +. (>*.
,4
H!bidC +. (>*.
,(
H!bidC +. (>8.
of four thingsC including forbidding tem+orar9 marriage.
Allah had made it legal and &e &ere able to contract
tem+orar9 marriage through a handful of dates Fbut 9ou
forbade itG. 'et's s:i+ the other three issuesN. NThe Hol9
Pro+het @sA +ermitted it at an emergenc9 time. 2hen +eo+le
are not in an emergenc9 situation there is no need for the
legalit9 of tem+orar9 marriage NC
,6
-mar re+lied.
2h9 didn't Muslims acce+t this ans&er from -mar and
the diDerence among them remained until no&3
$ criti&ue of the third opinion
According to this o+inionC it &as -mar &ho forbade
tem+orar9 marriage and it is a must on this =ie& to follo&
his order.
Commenting on this issueC !bn ;a99im sa9sC N!t is said
that in his SahihC Muslim "a9shaburiC 5uotes 7abir bin
'Abdullah as sa9ing: 2e contracted tem+orar9 marriage
gi=ing a handful of dates or Kour as a do&er during the
lifetime of Allah's Messenger @ma9 +eace be u+on himA and
during the time of Abu $a:r until '-mar forbade it in the
case of 'Amr bin Huraith. 2hat do 9ou sa9 in res+onse to
this tradition &hich sa9s that tem+orar9 marriage &as
forbidden at the time of -mar3 'i:e&ise it is +ro=en that
-mar has saidC NT&o +leasure &ere la&ful and current
during the time of the Hol9 Pro+het @sA. F! +rohibit both of
and +unish those &ho commit them.G The9 are mut'a of hajj
and tem+orar9 marriageN. Ho& do 9ou justif9 these &ords3
!n res+onseC it is said that scholars are di=ided into t&o
grou+s on this issue: Some sa9 that -mar +rohibited
tem+orar9 marriage and forbade +eo+le from doing it. The
Messenger of Allah had ordered +eo+le to follo& his
traditions and the =erdicts of his cali+hs. Thus it is an
,6
H Tarikh TabariC =ol. *C +. 614.
Prohibition of T&o 'a&ful Pleasures 8(
obligation to follo& -mar's =erdict. The9 do not belie=e in
the authenticit9 of the tradition narrated b9 Abd alHMali: bin
Rabi'a bin Sira from his fatherC from his fatherC according to
&hich tem+orar9 marriage &as forbidden in the 9ear of the
con5uest of Macca. !bn Mu'aeen has criticied this tradition
&hich is not related b9 $u:hari in his SahihC though it &as
necessar9 to deal &ith it as an !slamic +rinci+le. !t can thus
be said that $u:hari did not mention because it &as not
authentic from his +oint of =ie&. !f he did not entertain
doubt in regard &ith its authenticit9C he &ould ha=e
mentioned it and dealt &ith its chains. "arrators of
traditions are of the =ie& that if Sabra's tradition is
authentic then there is no fault &ith !bn Mas'ud narrating
their +ractice of tem+orar9 marriage and in=o:ing a ;uranic
=erse.
Similarl9C if this tradition is right -mar must not sa9 that
this +ractice &as current at the time of the Hol9 Pro+het @sA
but he forbade itC threatening to +unish those &ho did it.
!nsteadC he must sa9 that the Hol9 Pro+het forbade it and
+rohibited us from contracting tem+orar9 marriage.
Some scholars are of the =ie& that if this tradition &ere
right tem+orar9 marriage should not ha=e been in use at
the time of Abu $a:r.
The second grou+ of scholars considers Sabra's tradition
as authentic. According to themC e=en if this tradition is not
authentic there is another authentic tradition narrated b9
Ali @a.sAC according to &hich the Hol9 Pro+het @a.sA +rohibits
contracting tem+orar9 marriage &ith &omen.
Thus &e must inter+ret 7abir's traditionC sa9ing: NThose
&ho are said to ha=e contracted tem+orar9 marriage &ere
in fact una&are of its +rohibition. The +rohibition &as not
:no&n until the time of -marC &hen there emerged a
dis+ute concerning the issue of tem+orar9 marriage. !t &as
at this time that the +rohibition of tem+orar9 marriage &as
:no&n. !n this &a9C there &ill be reconciliation bet&een
conKicting traditions.
,*

The +ro+onents of this o+inionC according to this =ie&C
belie=e that it &as -mar &ho forbade tem+orar9 marriageC
not Allah and His Messenger. The9 ho&e=er justif9 the
+rohibition made b9 -marC attributing thus the +rohibition
to Allah and His A+ostle b9 sa9ing that the Hol9 +ro+het has
ordered us to follo& the =erdicts issued b9 the guided
cali+hs.
That is the most im+ortant justi%cation for &hat -mar
didC but &e should remember that it is based on a tradition
that deems follo&ing guided cali+hs as obligator9. !f it is
+ro=ed that this tradition is not authentic then it has to be
admitted that -mar has introduced something 'heretical' in
religion. Most of the com+anions of the Hol9 Pro+het @sA
ha=e also said the same thing.
According to !bn ;a99imC the Messenger of Allah @sA has
ordered FusG to follo& the =erdicts issued b9 cali+hs. His
&ord refers to &hat the Hol9 Pro+het @sA has re+ortedl9 saidC
N)ollo& m9 tradition and the tradition of the guided cali+hs
after meC hold fast to them and :ee+ abiding b9 themN.
!t is &orth mentioning that studies sho& that this
tradition is false and fabricated &ith all its chains.
,8
Some
great Sunni scholars such as Ha% bin ;attan @d. <6> AHA
ha=e rejected it. Commenting on Abd alHRahman SalmiC !bn
Hajar sa9sC NHe has re+orted onl9 one tradition on
admonishing &hich is regarded as authentic b9 TirmidhiN.
! &ould li:e to add that !bn Ha99an and Ha:im
"a9shaburi ha=e narrated this tradition in al-Musadrak !ala
,*
H 8ad al-Ma!ad # $uda %hair al-IbadC =ol. 6C ++. (>8 and (>,.
,8
H)or further information see, <ondu0 o1 =ro)he or <ondu0 o1 <ali)hs b9
Husaini Milani.
Prohibition of T&o 'a&ful Pleasures 8*
al-Sahiha4n. According to !bn ;attanC this tradition is not
authenticC for its narrator is not :no&n.
,,
!t should be noted
that great scholars ha=e gi=en an account of the life of !bn
;attan and admired him.
,<
$ criti&ue of the second -iew
As to the time of +rohibition of tem+orar9 marriage b9
the Hol9 Pro+het @sAC there are more than one o+inion about
it. Some are of the =ie& that tem+orar9 marriage &as
forbidden in the 9ear of )are&ell Hajj. Commenting on this
=ie&C !bn ;a99im sa9s that the origin of this =ie& is to be
sought in some of the narrators.
According to othersC tem+orar9 marriage &as forbidden
in the 9ear in &hich the battle of Hunain occurred. Rejecting
this o+inionC !bn ;a99im sa9sC NSince there is no
FconsiderableG tem+oral distance bet&een the battle of
Hunain and the con5uest of MaccaC this o+inion can be be
considered as the same as the second o+inionN.
,/
As to the
o+inion that the +rohibition occurred in the battle of A&tasC
Suhaili sa9sC NThe o+inion of those &ho sa9 that +rohibition
occurred in the battle of A&tas is in line &ith the tradition
that sa9s that +rohibition ha++ened in the 9ear of the
con5uest of MeccaN.
,>
As to the +rohibition of tem+orar9 marriage in
com+ensator9 umraC Suhaili sa9sC NStrangel9 enoughC some
traditions deem +rohibition to ha=e occurred in in the battle
of Tabu: or in com+ensator9 umraN.
,1
According to !bn Hajar
'As5alaniC it is not correct to sa9 that tem+orar9 marriage
&as forbidden in in com+ensator9 umra. This is because the
tradition that su++orts it is mursal @bro:enA narrated from
,,
H Tahdib al-TahdibC =ol. <C +. 6(,.
,<
H See Tadkira al-$u>a3C =ol. 8C +. (84/ and Taba5a al-$u>a3C +. 81>.
,/
H 2e &ill treat it in future.
,>
H ;ah al-BariC =ol. 1C +. 6(4.
,1
H !bid.
Hasan. His mursal traditions are &ea:C for he used to
narrate from an9one he came across. !f his tradition is
+resumabl9 rightC then it has to be said that he meant it
&as forbidden in the battle of .haibar. This is because these
t&o battles ha++ened in the same 9earC just as the battles
of Mecca and A&tas ha++ened in one 9ear.
<4
According to
!bn ;a99im the truth is to sa9 that tem+orar9 marriage &as
forbidden in the 9ear of the con5uest of Mecca.
<(

0n the =ie& of !bn HajarC the tradition that is narrated b9
Muslim stating that +rohibition occurred in the 9ear of the
con5uest of Mecca is more acce+table. The 9ear of the
con5uest of Mecca is thus the 9ear in &hich tem+orar9
marriage is forbidden. He %rstl9 relates all traditions and
o+inions and then e=aluates them. Commenting on this
=ie&C he %nall9 sa9sC N)rom among the diDerent suggestions
about the time of +rohibitionC the o+inions that suggest the
9ear of the battles of .haibar and Mecca as the time &hen
+rohibition &as madeC is more correct. 2e tal:ed before
about the o+inion that sa9s +rohibition occurred in the
battle of .haibar. According to Suhaili most scholars hold
this =ie&.
<6
Prohibition happens in )ear of con&uest of Mecca
Here is the teIt of the tradition @as re+orted b9 MuslimA
that suggests that tem+orar9 marriage &as +rohibited in
the 9ear of the con5uest of Mecca. !sha5 bin !brahim
narrated from Lah9a bin Adam from !brahim bin Sa'aeed
from Abd alHMali: bin Rabi'a bin Sabra 7uhanni from his
fatherC from his grandfather &ho saidC N!n the 9ear of the
con5uest of MeccaC the Messenger of Allah ordered us to
<4
H !bidC =ol. 1C +. 6((.
<(
- 8ad al-Ma!adC =ol. 6C +. (>*.
<6
- ;ah al-BariC =ol. 1C ++. 6(4C 6(6 and 6(*.
Prohibition of T&o 'a&ful Pleasures 8,
contract tem+orar9 marriage but before lea=ing Mecca he
+rohibited us from doing it.
<*

Prohibition happens in battle of Tabu*
There is a tradition that sa9s that tem+orar9 marriage
&as +rohibited in the battle of Tabu:. Sunni narrators ha=e
re+orted it from three com+anions of the Hol9 Pro+het @sAC
namel9 !mam Ali @a.sAC 7abir bin Abdullah Ansari and Abu
Huraira. "a&a=i 5uotes !mam Ali @a.sA as sa9ingC NAll
scholars eIcluding Muslim 5uote Ali @a.sA as sa9ing that the
Hol9 Pro+het @sA +rohibited tem+orar9 marriage in the battle
of Tabu:. The chain of this tradition is as belo&: !sha5 bin
Rashid narrates from Buhri from Abdullah bin Muhammad
bin Ali from his father &ho 5uotes Ali @a.sA as sa9ing
<8

Hami narrates this tradition from 7abir. As to the
tradition of Abu HurairaC it is re+orted from him b9 !bn
Rah&i99a and !bn Habban. !bn Hajar has also related the
tradition narrated b9 these t&o +ersons.
<,
Since &e &ill deal &ith tradition of the battle of Tabu: Fin
futureG &e &ill s:i+ dealing &ith it right :no&.
Prohibition occurs in battle of (unain
There is a tradition that sa9s that tem+orar9 marriage
&as +rohibited in battle of Hunain. Sunni narrators ha=e
narrated this narration from !mam Ali @a.sA. "isaee narrates
it as under:
Amr bin AliC Muhammad bin $ashar and Muhammad bin
Muthanna 5uote Abd alH2ahhab as sa9ingC NLah9a bin
Sa'eed sa9s: Mali: bin Anas narrated from !bn Shahab from
Abdullah and HasanC children of Muhammad bin AliC from
their fatherC Muhammad bin Ali &ho 5uoted Ali @a.sA as
<*
H Sahih MuslimC =ol. *C +. (1<C traditionC (84<.
<8
H Al-Minha., Sharh Sahih MuslimC =ol. 1C +. (,8.
<,
H ;ah al-BariC =ol. 1C ++. 6(4 and 6((.
Prohibition of T&o 'a&ful Pleasures 8<
sa9ing: The Messenger of Allah +rohibited it in the battle of
.haibar FHunainG.N
Muhammad bin Muthanna sa9s that this tradition uses
'battle of Hunain' in +lace of 'battle of .haibar'. He sa9s that
Abd alH2ahhab has mentioned it as such in his boo:.
<<

Prohibition of temporar) marria+e in battle of Khaibar
!n their sihah and other boo:sC Sunni narrators ha=e
narrated from !mam Ali &ho said that tem+orar9 marriage
&as +rohibited in the battle of .haibar. There are diDerent
=ariations of this tradition. 2e &ill suQce to &hat $u:hari
and Muslim ha=e said.
$u:hari narrates from Mali: bin !smael from !bn A99ina
from Buhri from Hasan bin Muhammad bin Ali and his
brother Abdullah from their father &ho 5uotes !bn Abbas as
sa9ingC NThe Hol9 Pro+het @sA +rohibited tem+orar9
marriage and and the Kesh of domestic asses in the battle
of .haibarN.
</
Muslim has re+orted this tradition through se=eral chains
&hich are as follo&s:
Chain One: Lah9a bin Lah9a narrated !bn ShihabC from
Abdullah and HasanC children of Muhammad bin 'Ali from
their father &ho 5uoted !mam Ali as sa9ingC NAllah's A+ostle
@ma9 +eace be u+on himA on the Da9 of .haibar +rohibited
fore=er the contracting of tem+orar9 marriage and eating of
the Kesh of the domestic asses.N
Chain Two: Abdullah bin Muhammad bn Asma Bab'ai
narrated from 7u&ari99a from Mali: @as in the +re=ious
chainA &ho said that he heard Ali addressing somebod9 sa9C
NLour are forgetful . This is because the Messenger of Allah
<<
HAl-Sunan al-%ubra, "isaeeC =ol. <C +. 8*<C traditionC no. **</.
</
- Sahih BukhariC =ol. ,C +. (1<<C traditionC 8>6,.
Prohibition of T&o 'a&ful Pleasures 8/
had +rohibited us from contracting tem+orar9 marriage &ith
&omen N
Chain three: Abu $a:r bin Abi Shaiba and !bn "umair
and Buhair bin Harb from !bn A99ina from BuhairC from Buhri
from Hasan and Abdullah children of Muhammad bin Ali
from their father &ho 5uotes 'Ali @Allah be +leased &ith himA
as sa9ingC NThe Hol9 Pro+het @sA on the Da9 of .haibar
forbade fore=er the contracting of tem+orar9 marriage and
the eating of the Kesh of domestic assesN.
Chain Four: Muhammad bin Abdullah bin "umair
narrated from his fatherC from -baidullah from !bn Shahab
from Hasan and Abdullah children of Muhammad bin Ali
from their father &ho saidC NAli @Allah be +leased &ith himA
heard that !bn Abbas @Allah be +leased &ith themA ga=e
some relaIation in connection &ith the contracting of
tem+orar9 marriageC &hereu+on he said: Don't be hast9 @in
9our religious =erdictAC !bn 'AbbasC for Allah's Messenger
@ma9 +eace be u+on himA on the Da9 of .haibar +rohibited
fore=er the doing of it and eating of the Kesh of domestic
assesN.
Chain fve: Abu Tahir and Harmala bin Lah9a narrated
from 2ahab from Lunus from !bn Shahab from Hasan and
Abdullah children of Muhammad bin Ali from their father
from an a +erson &ho heard Ali @sA addressing !bn Abbas
sa9C NThe Messenger of Allah @sA forbade contracting
tem+orar9 marriage &ith &omen and Kesh of domestic
assess on the da9 of .haibar.N
<>
Common criticisms
All these traditions face some common criticisms &hich
sho& that the9 are false and fabricatedC though ha=ing
authentic chains. 2e %rst brieK9 mention these criticisms
<>
HSahih MuslimC =ol. *C ++. (1> J (11C traditionC no. (841/.
Prohibition of T&o 'a&ful Pleasures 8>
and then &e &ill s+eci%call9 deal &ith the tradition of
+rohibition of tem+orar9 marriage in the 9ear of the
con5uest of MeccaC for it is said to be &ellH:no&n.
Thereu+on &e &ill deal &ith the tradition of +rohibition of
tem+orar9 marriage in the battle of .haibar. This is because
this tradition is said to be narrated b9 !mam Ali @sA and
$u:hari and Muslim ha=e also narrated it. The reason &h9
&e ha=e chosen to deal &ith these t&o traditions is that
Sunni narrators ha=e narrated these t&o traditions from
!mam Ali @sA.
The %rst criticism concerning these traditions is that the9
are selfHcontradictor9 contradicting each other in content.
Some of these traditions refute othersC a thing that has
caused confusion among Sunni scholars ma:ing them
+resent contradictor9 solutions.
<1

!t is because of this that some scholars ha=e been forced
to sa9 that tem+orar9 marriage &as la&ful in the beginning
but later on it &as forbiddenC though it &as made legal
again. !t &as ho&e=er again declared as forbiddenC to the
eItent that Muslim has allocated a cha+ter in his boo: to
this discussion dealing &ith the legalit9 of tem+orar9
marriageC its abrogationC its legalit9 for the second time and
its abrogation fore=er.
/4

The contradictor9 statements do not end here. Some
scholars li:e ;urtubi ha=e said that +ermission and
+rohibition continued for se=en times.
/(

!bn ;a99im ho&e=er sa9s that it is not +ossible in !slamic
Shari'a la&s to acce+t abrogation more than once not s+ea:
of more than t&ice. HeC on the other handC thin:s that
tem+orar9 marriage &as forbidden on the Da9 of .haibarH a
<1
H )or further information see, Na?a&i!s al-Minha.C =ol. 1C +. (,,C !bn Hajar's
;ah al-BariC =o. 1C +. 6(6.
/4
H Sahih MuslimC =ol. *C +. (16.
/(
H Ta1sir QurubiC =ol. ,C +. (*(.
thing that im+lies a second abrogation &hich has not
ha++ened and &ill ne=er ha++en in !slamic Shari'a la&s.
/6

These o+inions are li:e&ise in contraction &ith -mar's
&ordsC for -mar saidC NT&o +leasures &ere la&ful and
current during the time of the Hol9 Pro+het @sA but ! forbade
them N according to these &ords &hich are transmitted
through a reliable chainC -mar o+enl9 sa9s that he forbade
&hat &as la&ful during the time of the Hol9 Pro+het @sA.
Another criticism is that the com+anions of the Hol9
Pro+het @sA &hether before or after -mar's cali+hate testif9
to the fact that tem+orar9 marriage &as legal and it &as
-mar &ho forbade it. Some of them ha=e also added that if
-mar did not forbid itC no one other than a =icious +erson
&ould commit adulter9.
.-aluation of prohibition in con&uest of Mecca
'et's no& assess and e=aluate the tradition that sa9s
tem+orar9 marriage &as forbidden in the 9ear of the
con5uest of Mecca. !f 9ou stud9 !bn ;a99im's o+inion 9ou
&ill :no& that this tradition is incorrect. According to himC
Abd alHMali: bin Rabi'a bin Sabra re+orted this tradition
from his father from his grandfather. !bn Mu'aeen is critical
of the narrator of this tradition and $u:hari has not
mentioned this tradition in his Sahih. !t &ill be enough to
gi=e an account of his life on the bases of &hat !bn Hajar
has said.
!bn Hajar sa9s: Abu .haithama sa9s: Somebod9 as:ed
Lah9a bin Mu'aeen about the traditions re+orted b9 Abd alH
Mali: bin from his father from his grandfatherC he said:
According to !bn Mu'aeen his traditions are &ea:. !bn 7a&i
5uotes !bn Mu'aeen as sa9ing: Abd alHMali: is &ea: in terms
of narrating traditions. Abu alHHasan bin ;attan is of the
/6
H 8ad al-Ma!adC =ol. 6C +. (>*.
Prohibition of T&o 'a&ful Pleasures ,4
=ie& that it &as not +ro=ed that he &as just. Though Muslim
narrates traditions from him &e cannot rel9 on his
traditions. As mentionedC Muslim has narrated onl9 one
tradition from him on tem+orar9 marriage.
/*
$n e-aluation of prohibition in battle of (unain
"isaee has re+orted this tradition from !mam Ali @a.sA.
2e &ill deal &ith it &hile treating the traditions narrated
from him. Thus &e a=oid e=aluating it no&.
$esidesC Sunni narrators narrate a tradition from Rabi'a
bin SabraC according to &hich tem+orar9 marriage &as
+rohibited at )are&ell Hajj. According to Abu Da&oodC
Musaddad bin Musarhad narrated from Abd alH2arith from
!smael bin -ma99a from Buhri &ho saidC N2e &ere in the
+resence of -mar bin Abd alHAi &hen there &as a
discussion about contracting tem+orar9 marriage &ith
&omen. Rabi'a bin SabraC addressing -mar bin Abd alHAi
said: ! testif9 that m9 father said that the Hol9 Pro+het @sA
forbade tem+orar9 marriage at )are&ell Hajj.
/8

.-aluation of prohibition in battle of Tabu*
2e &ill deal &ith the tradition of the battle Tabu:C &hich
is re+orted from !mam Ali @a.sA in its o&n +lace. $esidesC !bn
Hajar o+enl9 sa9s that the tradition narrated from 7abir is
not authentic. This is because it is re+orted through !bn
.athir &ho is rejected and is not a reliable +erson.
/,
!n his
Tahdib al-TahdibC mentioning t&o narrators named AbbadC
he sa9sC NAbbad bin .athir Tha5a% $asri and Abbad bin
.athir Ramli )alastini are not reliable. The9 are rejected.
The9 narrate fabricated traditions and are liarsN.
Commenting on )alastiniC Abu Hatam sa9s that he &as
thin:ing that he &as better than his namesa:eC but he
/*
H Tahdib al-TahdibC =ol. <C +. *8,.
/8
H Sunan Abu "a?oodC =ol. 6C +. 16C traditionC 64/6.
/,
H ;ah al-BariC =ol. 1C +. 6((.
Prohibition of T&o 'a&ful Pleasures ,(
found that he did not diDer from him and his traditions &ere
thus &ea:.
/<

!t seems that he &ho fabricated the tradition did so in
order to contradict authentic traditions that indicate that
tem+orar9 marriage &as legal until the last moment of the
life of the Hol9 Pro+het @sA. FTo reach their goalGC the9 also
in=ented numerous traditions to sho& that !bn Abbas
changed his mind @and acce+ted that tem+orar9 marriage
&as forbiddenA. 2e &ill treat this 5uestion later as &ell as
the 5uestion of attributing fabricated traditions in this
connection to !mam Ali @a.sA.
0ne of the traditions in 5uestion &as re+orted b9 Abu
Huraira. According to !bn HajarC Abu Huraira's tradition is
not correct either. This is because he narrates from
Mu'ammil bin !smael from 'A:ram bin 'AmarC both of &hom
are 5uestionable.
//

$n e-aluation of prohibition in battle of Khaibar
The most im+ortant traditions a=ailable in this
connection are the traditions falsel9 narrated from !mam Ali
@a.sA. This is because !mam Ali @a.sA &as a =igorous
o++onents of this +rohibition. Those &ho &ere Kattering
cruel rulers to recei=e re&ards from them did their best to
sho& their enmit9 to&ards !mam Ali @a.sA and fabricate
traditions in his name. The fabricated traditions narrated
from !mam Ali @a.sA are selfHcontradictor9 and inconsistent.
This is because man9 &ere &illing to fabricate traditions in
his name. This is also one of the great signs of
righteousness. The9 ha=e narrated these fabricated
traditions from his grandchildren from his son Muhammad
bin Hana%99a. The9 ha=e not narrated an9 fabricated
narration from the children of !mam Hasan @a.sA and !mam
/<
H Tahdib al-TahdibC =ol. ,C ++. 14H16.
//
H ;ah al-BariC =ol. 1C +. 6((. )or further information on these t&o re+ortersC
see Tahdib al-TahdibC =o. (4C ++. **1 and *84C =ol. /C ++. 66< and 66/.
Husain @a.sA. this is because the9 :no& =er9 &ell that the9
cannot be accused of such :ind of things.
'iars falsel9 relate that &hen he heard the relaIation !bn
Abbas had gi=en to tem+orar9 marriage he s+o:e to him
angril9 . !f there &ere no contradiction among the
fabricated traditions it &ould be diQcult e=en for scholars to
:no& the truth. 'et's no& eI+lain in detail under the
follo&ing headingsC &h9 these traditions are fabricated.
Contradiction on time of prohibition
Buhri narrates from Hasan bin Muhammad bin Ali and his
brother Abdullah bin Muhammad bin Ali from their father
from !mam Ali @a.sAC &ho addressing !bn AbbasC saidC NThe
Messenger of Allah @sA +rohibited on the da9 of .haibar
contracting tem+orar9 marriage &ith &omen and eating the
Kesh of assesN.
/>
!bn Muthanna narrates this tradition in a slightl9 diDerent
manner:
NThe Messenger of Allah @sA +rohibited on the da9 of
Huanain contracting tem+orar9 marriage &ith &omen and
eating the Kesh of assesN. He also sa9s that Abd alH2ahhab
had related this tradition as under:
Buhri narrates from Hasan bin Muhammad bin Ali and his
brother Abdullah bin Muhammad bin Ali from their father
from !mam Ali @a.sAC &ho sa9s that the +rohibition occurred
in the battle of Hunain.
/1
!n accordance &ith another =ariationC Buhri narrates
from Hasan bin Muhammad bin Ali and his brother Abdullah
bin Muhammad bin Ali from their father from !mam Ali @a.sAC
/>
H Sahih MuslimC =ol. *C +. (11C traditionC (84/.
/1
H Al-Sunan al-%ubra b4 "isaeeC =ol. <C +. 8*<C traditionC **</.
Prohibition of T&o 'a&ful Pleasures ,*
&ho sa9s that the Hol9 Pro+het @sA +rohibited term+orar9
marriage in the battle of Tabu:.
>4

!n accordance &ith another tradition narrated b9
Muhammad bin Hana%99aC !mam Ali @a.sA addressing !bn
AbbasC sa9s that he is a forgetful +erson as the Hol9
Pro+het forbade tem+orar9 marriage in his )are&ell Hajj.
>(
!n 9et another traditionC Sha%'ai narrates from Mali: &ho
5uotes !mam Ali @a.sA sa9ingC NThe Messenger of Allah @sA
+rohibited on .haibar da9 eating the Kesh of assesN.
This tradition does not tal: about the +rohibition of
tem+orar9 marriage &ith &omen.
>6
As it is clearC all these traditions that are a++arentl9
re+orted from !mam Ali @a.sA ha=e one chain and s+ea:
about one subject matter.
!f it is said that from among these traditions onl9 some
are credible @thus there is no inconsistenc9 among themAC in
res+onse it has to be said that Fall these traditions are
credible from their +oint of =ie&G. The %rst tradition is
regarded as credible b9 all and that is &h9 the9 ha=e gi=en
reference to it in their &or:s. As to the second traditionC it
has to be said that it is also reliableC for "isa'ee has
mentioned it in his Sunan &hich is one the Sihah Sitta.
As to the fourth traditionC it is mentioned b9 Tabarani.
Haithami has also said that its re+orters are reliable.
>*
As to
the third traditionC "a&a=i has mentioned it. He 5uotes ;ai
A99a as sa9ingC N"o one has follo&ed him in this and thus
it is a mista:e of hisN.
>8
>4
>(
H Ma.ma!a al-8a?aedC =ol. 8C +. 8>/C traditionC /*1(.
>6
H9mda al-QariC =ol. (/C +. 6/8.
>*
H Ma.ma!a al-8a?aedC =ol. 8C +. 8>/C traditionC noC /*1(.
>8
!bn Hajar sa9sC NStranger than this is the tradition
narrated b9 !sha5 bin Rashid according to &hich tem+orar9
marriage &as +rohibited in the battle of Tabu:.N This is also
a fa:e tradition.
>,

As to the %fth traditionC the follo&ing +oints ha=e to said:
!f he :ne& that tem+orar9 marriage &as forbidden on
.haibar da9 he &ould not :ee+ 5uiet. This is because if he
remained silent it &ould be regarded as concealing the
truth &hich is a bad thing. Sha%a'! ho&e=er belie=es that
the +rohibition too: +lace on .haibar da9.
><

Moreo=erC Mali: narrates in his al-Mu!aa from Buhri
bin Muhammad bin Ali from their father from !mam Ali @a.sA
&ho saidC NThe Messenger of Allah @sA +rohibited on the da9
of .haibar contracting tem+orar9 marriage &ith &omen.N
>/
Sunni narrators and pla)in+ with Khaibar tradition
!t goes &ithout sa9ing that according to Sunnis the most
reliable traditions on +rohibition of tem+orar9 marriage are
traditions re+orted from !mam Ali @a.sAC according to &hich
the +rohibition ha++ened in the battle of .haibar. The most
im+ortant among them is the tradition re+orted b9 Buhri
bin Muhammad bin Ali from their father from !mam Ali @a.sA.
2e must :no& Sunnis ha=e narrated this tradition in
diDerent =ariations.
According to !bn Ta9mi99a credible re+orters in Sahih
BukhariC Sahih Muslim and other boo:sC ha=e re+orted this
tradition from Buhri from Hasan bin Muhammad bin Ali and
his brother Abdullah bin Muhammad bin Ali from their father
from !mam Ali @a.sAC &ho addressing !bn Abbas &ho &as
>,
H ;ah al-BariC =ol. 1C +. 641.
><
- 8ad al-Ma!adC =ol. 6C +. (>*.
>/
HAl-Mu?aaC =ol. 6C +. ,8*C traditionC noC 8(.
Prohibition of T&o 'a&ful Pleasures ,,
considering tem+orar9 marriage as legalC saidC NLou are
forgetful. The Messenger of Allah @sA +rohibited on the da9
of .haibar contracting tem+orar9 marriage &ith &omen and
eating the Kesh of assesN
!n their timeC great men of !slam such as Suf9an bin
A99inaC Mali: bin Anas and other scholars on &hose
:no&ledgeC e5uit9 and being memoriers Muslims &ere
unanimousC ha=e re+orted this tradition from Buhri J as the
most :no&ledgeable of his time concerning the conduct of
the Hol9 Pro+het @sA and the most concerned among to :ee+
it. Tradition scholars &ere unanimous on the authenticit9 of
this tradition and that is &h9 no one form among them
criticied it.
>>
Sahih $u:hariC Sahih MuslimC Sunan Tirmidhi and Musnad
Ahmad ha=e narrated from Buhri the follo&ing:
Hasan bin Muhammad bin Ali and his brother Abdullah
bin Muhammad bin Ali narrated from their father from !mam
Ali @a.sAC &ho addressing !bn AbbasC saidC NThe Messenger of
Allah @sA +rohibited on the da9 of .haibar contracting
tem+orar9 marriage &ith &omen and eating the Kesh of
assesN
According to Sahih MuslimC it &as heard that Ali bin Abi
TalibC addressing somebod9C saidC NLou are forgetfulN. !t is
related in this boo: that Ali @a.sA came to :no& that !bn
Abbas had gi=en relaIation on tem+orar9 marriage and
thus addressing him he saidC N0 !bn AbbasM $e cautiousMN
According to "isa'eeC Hasan bin Muhammad bin Ali and
his brother Abdullah bin Muhammad bin Ali narrated from
their father from !mam Ali @a.sA that he learnt that
somebod9 regarded tem+orar9 marriage as legal and thus
he addressing him saidC NLou are forgetful. The Messenger
>>
H Minha. al-SunnaC =ol. 8C +. (>1.
Prohibition of T&o 'a&ful Pleasures ,<
of Allah @sA +rohibited on the da9 of .haibar contracting
tem+orar9 marriage &ith &omen and eating the Kesh of
assesN
Al-Mu?aa 5uotes !mam Ali @a.sA as sa9ing: N0n the da9
of .haibarC the harbinger of the Messenger of Allah @sA
+roclaimed that tem+orar9 marriage &as forbiddenN.
Sha%ai also narrates .haibar traditionC but &hen he
learns that there is diDerence about it among Muslims he
chooses to remain silentM
Tabarani narrates this tradition as underC NAli &as tal:ing
&ith !bn Abbas on the issue of tem+orar9 marriage.
Addressing !bn Abbas !mam Ali saidC NLou are forgetful. The
Hol9 Pro+het @sA +rohibited tem+orar9 marriage in his
)are&ell HajjN. Thus Tabarani has also narrated this tradition
though he is of the =ie& that the +rohibition &as made in
)are&ell Hajj.
Points on si+nification of Khaibar tradition
According to one the one of the traditions narratedC
tem+orar9 marriage &as +rohibited in the battle of .haibar.
A glance at the teIt and meaning of this tradition clari%es
certain +oints:
)irstl9 it sho&s that !mam Ali @a.sA belie=ed in the
+rohibition of tem+orar9 marriage. That is &h9 heC
addressing !bn Abbas &ho in its la&fulnessC saidC NLou are
forgetfulN.
This is nothing but a mere lie. All :no&s that !mam Ali
@a.sA &as a leading o++onent of the +rohibition of tem+orar9
marriageC just as he &as strongl9 o++osed to the +rohibition
of mut'a of hajj. !t is not ho&e=er sur+rising to fabricate
traditions and attribute them to him. The same &as done in
the mut'a of hajj .. !t is not sur+rising either to narrate such
Prohibition of T&o 'a&ful Pleasures ,/
things from the t&o sons of Muhammad bin Hana%99a from
their father from !mam Ali @a.sA.
$a9ha5i narrates a tradition from Hasan bin Muhammad
bin Ali and his brother Abdullah bin Muhammad bin Ali from
their father from !mam Ali @a.sAC &ho saidC
$ XD P :K YG
>1
M9 sonC +erform @the obligator9A hajj se+aratel9C as it is
better.
Secondl9C it signi%es that the +rohibition occurred in the
battle of .haibarC &hich is denied b9 great tradition
scholars. The9 &onder ho& to justif9 it. !n his commentar9
on Sahih $u:hariC !bn Hajar 5uotes Suhaili as sa9ingC NThere
is some fault &ith this tradition. This is because according
to this traditionC tem+orar9 marriage &as +rohibited in the
battle of .haibarC &hereas no biogra+her or historiogra+her
has recorded such a thingN.
14

Commenting on this traditionC 'Aini 5uotes !bn Abd alH
$arr as sa9ingC NThe tradition that sa9s that +rohibition too:
+lace in the battle of .haibar is incorrectN.
1(
;astalani
5uotes $a9ha5i as sa9ingC NThis tradition is not :no&n to
biogra+hers and historiogra+hersN.
16
According to !bn ;a99imC the com+anions of the the Hol9
Pro+het @a.sA did not contract tem+orar9 marriages &ith
7e&ish &omen and the9 did not ta:e +ermission in this
regard from the Hol9 Pro+het @a.sA. 0n the other handC no
one has related an9 tradition &hatsoe=er on doing it or on
its +rohibition.
1*

>1
H Al-Sunan al-%ubra b4 Ba4ha5iC =ol. ,C +. >C traditionC >>(>.
14
H ;ah al-BariC =ol. 1C +. 6(4.
1(
H 9mda al-QariC =ol. /C +. 68<.
16
H Irshad al-SariC =ol. ((C +. *1/C =ol. 1C +. 6*1.
1*
H 8ad al-Ma!ad, =ol. 6C +. (>8.
Prohibition of T&o 'a&ful Pleasures ,>
According to !bn .athirC some scholars including Shei:h
Ha% Abu Hajjaj Mai ha=e tried to justif9 this tradition b9
rearranging some of its &ords. Des+ite all thisC !bn Abbas
continued to belie=e that it &as +ermissible to eat the Kesh
of assess and to contract tem+orar9 marriage &ith
&omen.
18

Thirdl9 it im+lies that !bn Abbas and !mam Ali @a.sA
diDered on this issueC &hereas &e do not acce+t it. This is
because !bn Abbas used to follo& !mam Ali @a.sA +articularl9
on such issues &hich are among the necessaries of religion.
Ho& can then one belie=e that !mam Ali @a.sA reminds !bn
Abbas of a necessar9 ruling in !slam and 9et he continues to
resist it3
$9 Allah this is not the case. That is &h9 liars felt it
ine=itable to go to&ards fabricating traditions. According to
!bn Ta9mi99aC !bn Abbas sa9sC N2hen ! heard about the
+rohibition of tem+orar9 marriageC ! ga=e u+ m9 o&n
o+inionN.
1,
$ut !bn Ta9mi99a's &ords are not true. To refute
itC &e &ill 5uote !bn Hajar's &ords. He 5uotes !bn $attal as
sa9ingC NThe 5uestion that !bn Abbas ga=e u+ his idea is
related through &ea: traditionsN
1<
!t is because of this that
according to !bn .athirC !bn Abbas ho&e=er continued to
cherish the idea that tem+orar9 marriage is +ermissible.
Thus he did not change his mind until the end of his life.
This is &hat some great scholars of tradition +oint out.
According to Muslim -r&a bin Bubair 5uotes Abdullah bin
Bubair as sa9ingC NSome +eo+le &ho are s+irituall9 blind J
just as the9 are +h9sicall9 blindH +ermit tem+orar9
marriageN.
18
H Tarikh Ibn %ahirC =ol. 8C +. 664.
1,
H MInha. al-SunnaC =ol. 8C +. (14.
1<
H ;ah al-BariC =ol. 1C +. 6(<.
-r&a said: Lou are ignorant and foolish. $9 m9 soulC
tem+orar9 marriage &as +racticed during the time of the
Hol9 Pro+het @a.sAC the most +ious man.
!bn Bubair said: !f 9ou are bold enough go and contract
tem+orar9 marriage. $9 Allah if 9ou do it ! &ill stone 9ou to
death.
1/

He &as referring to !bn AbbasC the son of !mam Ali's
uncle. At that timeC he &as blind. The traditions re+orted b9
Muslim and Ahmad bin Hanbal from Abi $asraC o+enl9
mention the name of !bn Abbas. !t sho&s that !bn Abbas
&as den9ing tem+orar9 marriage at Mecca during the time
of !bn Bubair. -ntil the end of his lifeC he continued to
belie=e in the +ermissibilit9 of tem+orar9 marriage and the
Meccan jurist &ere follo&ing him.
0n the other handC if the Messenger of Alah @sA had
+rohibited tem+orar9 marriage and !mam Ali @sA had
informed him about itC he &ould ha=e acce+ted itC not
sho&ing an9 sign of o++osition.
Points concernin+ traditions narrated from Imam $li
/a0s1
As mentioned beforeC the contradictor9 traditions
narrated from the Hol9 Pro+het @sA through !mam Ali @a.sAC
are all but fabricated and false. All these traditions are
narrated b9 Buhri from the sons of Muhammad bin
Hana%99a from their father. Hasan bin Muhammad has on
the other hand narrated from Salma bin A&:a'a and 7abir
bin Abdullah Ansari that the Hol9 Pro+het @sA =isited them
and +ermitted them to contract tem+orar9 marriage &ith
&omen.
1/
H Sahih MuslimC =ol. *C +. (1/C traditionC (84<.
Prohibition of T&o 'a&ful Pleasures <4
This tradition signi%es that the t&o sons of Muhammad
bin Hana%99a belie=ed in the la&fulness of tem+orar9
marriage. This is because it is not reasonable for a +erson
to narrate the la&fulness of tem+orar9 marriage from t&o
com+anions of the Hol9 Pro+het not :no&ing about its
abrogation b9 the Hol9 Pro+het @sA.
Thus if &e forget about the signi%cation of the said
traditionC the +roblems in the life of Abdullah and HasanC
sons of Muhammad Hana%99a and the contradictions in the
traditions attributed to !mam Ali @a.sAC &e cannot forget
about BuhriC &ho is the aIis of the narrators of these
traditions. Thus let's go through his account of life.
$ +lance at life of 2uhri
(. He &as among the &ellH:no&n +ersons &ho &ere
o++osed !mam Ali @a.sA. He used to associate &ith -r&a bin
Bubair and tal: ill of !mam Ali @a.sA.
6. He narrated traditions from -mar bin Sa'ad bin Abi
2a55asC :iller of !mam Husain @a.sA.
*. He &as one of the -mma99id's agents. That is &h9
+rominent scholars ha=e re+roached and criticied him.
8. !mam Lah9a bin Mu'aeen criticied him after
com+aring him &ith 'Amash.
,. 2riting him a letterC !mam Ali bin alHHusainC Ba9n
alH'Abdidin rebu:es him because of his attending cruel
rulers' court and ad=ises him to change his mindC but his
ad=ice did not changes him.
1>
Conclusion
1>
H )or further informationC see: An ho? Abu Bakr led )ra4er in )la0e o1 he
=ro)heC ++. <(H<<.
Prohibition of T&o 'a&ful Pleasures <(
(. According to ;uran and traditionC tem+orar9 marriage
is one of the essentials of !slam. Muslims used to adhere to
it both +racticall9 as &ell as theoreticall9.
6. -mar bin .hattab +rohibited it after he assumed +o&er
and ruled for sometimes.
*. $eing a&are of these t&o issuesC Sunni scholars
diDered on ho& to justif9 it. Some said that +rohibition &as
made b9 the Hol9 Pro+het @sA and no one other than -mar
&as a&are of it. This justi%cation as mentioned beforeC is
&rong. 0thers &ere of the =ie& that it &as -mar &ho
+rohibited it. According to them &e must follo& himC for the
Hol9 Pro+het @sA has ordered us to follo& his conduct and
the conduct of his guided cali+hs. 2e ha=e else&here dealt
&ith this tradition inde+endentl9 and +ro=ed that it is
&rong.
11

Some ha=e said that the Hol9 Pro+het @sA himself
+rohibited it. Those &ho follo& this theor9C diDer on the
time and +lace of this ha++ening. The9 ha=e resorted to
traditions that are s5uarel9 fabricated.
8. !t is clear thus that tem+orar9 marriage is la&ful and
the traditions on its +rohibition are fabricated.
#i=en all these Fs+eciall9 the tradition that stresses on
follo&ing cali+hsG
(44
&e are led to belie=e that the
+rohibition of tem+orar9 marriage b9 -mar &as nothing but
an inno=ation J a thing that &as forbidden b9 the Hol9
Pro+het @sA.
"`$ . W( 2>H ...
Distance 9ourself inno=ations.
11
H )or further information seeC <ondu0 o1 =ro)he or <ondu0 o1 <ali)hs@'
(44
H )or further information see, An A&aluaion o1 1ollo?in7 Sheikain!C b9 the
same author.
!n this short treatiseC so far &e ha=e brieK9 e=aluated
diDerent o+inions on the t&o mut'as Fand argued that both
are la&fulGC but this issue has other dimensions &hich need
to be touched b9 jurists and theologians.
2e as: Allah to hel+ us %nd the true +ath and do our
deeds +urel9 for Allah. 2e also as: Him to hel+ us associate
&ith the Hol9 Pro+het @sAC his +rogen9 and his real follo&ers.
He is no doubt bene%cent and merciful.
Prohibition of T&o 'a&ful Pleasures <*
3iblio+raph)
(. The Hol9 ;uran
6. !bn alHArabi Mali:iC Ahkam al-QuranC $uirutC Dar alH
.utub alH!lmi99aC (8(<.
*. Ahmad bin Muhammad bin Abu Bakr QasalaniC $ierutC
Dar !h9a alHTurath alHArabi.
8. !bn Abd alH$arrC al-Isi!ab # ma!ari1a al-AshabC %rst
editionC $eirutC (8(,AH.
,. !bn HajarC 'As5alaniC Al-Isaba # Tamee3 al-SahabaC %rst
editionC $eirutC Dar alH.utub alH!lmi99aC (8(,.
<. Muhammad bin Ahmad bin Rushd ;urtubi AndulusiC
Bida4a al-Mu.ahidC $eirutC Dar alH)i:r.
/. Ha% Abu alH)ada !smael bin .athir Demish5iC al-
Beda4a ?a al-Niha4aC $eirutC Dar !h9a alHTurath alHArabiC
(84> AH.
>. BubaidiC Ta. al-ArusC $uirutC Dar Ma:taba.
1. 7alal alHDin alHSu9uti, Ta!arikh al-%hula1aC ;omC
Mashurat Sharif RaiC (8((.
(4. Abu 7a'afar Muhammad bin 7arir TabariC Ta'ari:h Tabari
BTa!arikh al-9mam ?a al-MulukAC $eirutC Mu'assisa alH'Alami.
((. DahabiC Ta:ira alHHuDaC $eirutC "ar Ih4a al-Turah
al-Arabi.
(6. !bn .athirC Ta1sir Ibn %ahir @Tafsir alH;ur'an alH'AimAC
$eirutC Dar alHMa'arifaC (841 AH.
(*. )a:hr RaiC al-Ta1sir al-%abirC $eirutC Dar alH)i:rC (8(,.
(8. Muhammad bin 7arir alHTabari, Ta1sir Tabari @7ami'a alH
ba9an % tafsif alH;uranAC $eirutC Dar alHMa'arifaC (8(6.
(,. !mam )a:hr RaiC Ta1sir ;akhr 2a3i @Tafsir alH.abirAC
$eirutC Dar !h9a alHTurath alHArabiC third edition.
(<. Muhammad bin Ahmad Ansari ;urtubiC Ta1sir Qurubi
@alH7ami'a li alH;uranAC $eirutC Dar ih9a alHTurath alHArabiC
second editionC oDset.
(/. !bn Abd alH$arrC al-Tamhid lima # al-Mu??aa min al-
Ma!ani ?a al-AsanidC ;airoC Dar alH)aru5 alHHadithaC %rst
editionC (864 AH.
(>. !bn Hajar 'As5alaniC Tahdib al-TahdibC $eirutC Dar alH
.utub alH!lmi99aC %rst editionC (8(,.
(1. Sa99id Ali MillaniC <hi7una7i Nama3 Abu Bakr be 6ae
2asul %hudaC ;omC Mar:a Ha5ae5 !slamiC (*>/ AH.
64. 7alal alHDin Su99tiC al-"urr al-Mansur # al-Ta1sir bi al-
Ma!ahurC %rst editionC (86(.
6(. !bn ;a99im alH7a&iC 8ad al-Mi!ad # $uda %hair al-
IbadC $eirutC Mu'assisa alHRisalaC (84>.
66. Sa99id Ali Husaini MilaniC Sunna =i4amber 4a Sunna
%hula1a3C ;omC Mar:a Ha5ae5 !slamiC %rst editionC (*>1
AH.
6*. !bi Da&ood, SunnanC $eirutC Dar alH.utub alH!lmi99aC
%rst editioinC (8(< AH.
68. Ahmad bin Husain $a9ha5iC al-Sunan al-%ubraC $eirutC
Dar alH.utub alH!lmi99aC second editonC (8(8 AH.
6,. Ahmad bin Shu'a9b "isaeeC al-Sunan al-%ubraC $eirutC
Dar alH.utub alH!lmi99a.
Prohibition of T&o 'a&ful Pleasures <,
6<. Muhammad bin !sa bin Sura Tirmidhi, Sunan TimidhiC
$eirutC Dar alH)i:rC second editionC (84*.
6/. Mulla Ali ;ushji Ash'ariC Sharh Ta.rid.
6>. Ahmad bin Muhammad bin Salma bin Abd alHMali:
Adi Taha=i Hana%C Sharh Ma!ani al-Ahar'
61. Muhammad bin !smael $u:hariC Sahih BukhariC $eirutC
Dar !bn .athirC %fth editionC (8(8 AH.
*4. Muslim bin Hajjaj "a9shaburiC Sahih MuslimC $eirutC
Dar alH)i:rC %rst editionC (84/AH.
*(. 7alal alHDin Su9utiC Taba5a al-$u>a3C $eirutC Dar alH
.utub alH!lmi99aC second editionC (8(8 AH.
*6. $adr alHDin 'AiniC 9mda al-Qari # Sharh al-BukhariC
$eirutC Dar alH)i:r.
**. !bn Hajar 'As5alaniC ;ah al-Bari # Sharh Sahih al-
BukhariC $eirutC Dar alH.utub alH!lmi99aC %rst editionC (8(4
AH.
*8. 7arullah Mahmood bin -mar Bama:hshariC al-%asha1C
$eirutC Dar alH.utub alH!lmi99aC %rst editionC (8(,.
*,. -la alHDin Ali Mutta5i HindiC %an3 al-9mmalC $eirutC
Dar alH.utub alH!lmi99aC %rst editionC (8(1 AH.
*<. Shams alHDin Sara:hsiC al-Mabsu # al-;i5h al-$ana#C
$eirutC Dar alHM'arifaC (84< AH.
*/. "oor alHDin Ali bin Abi $a:rC Ma!.ma!a al-8a?aed ?a
Manba!a al-;a?aedC $eirutC Dar alH)i:rC (8(6 AH.
*>. Abu Muhammad bin Ham Bahiri AndulusiC al-MuhallaC
$eirutC Dar alH)i:r.
*1. Ahmad bin Hanbal Sha9baniC Musnad AhmadC $eirutC
Dar !h9a alHTurath alHArabiC third editionC (8(, AH.
Prohibition of T&o 'a&ful Pleasures <<
84. Abd alHRaa5 San'aniC al-Musanna1C $eirutC Ma:tab
alH!slamiC (84*.
8(. Abu Muhammad Abdullah bin Ahmad bin Muhammad
bin ;uddamaC al-Mu7hniC $eirutC Dar alH.utub alH'Arabi.
86. !bn Ta9mi99a HarraniC Mihaj al-Sunna al-Naba&iC CairoC
Ma:taba !bn Ta9mi99aC second editionC (841AH.
8*. Lusuf bin Abd alHRahman MaiC alHMinhaj % Sharh
Sahih Muslim bin Hajjaj.
88. Lah9a bin Sharaf Dimish5i Sha%'ai "a&a=iC al-Miha.C
$eirutC Dar alH.utub alH!lmi99aC %rst editionC(8(, AH.
8,. Mali: bin AnasC al-Mu?aaC $eirutC Dar !h9a alHTurath
alH'ArabiC (84<.
8< !bn AthirC al-Ni4aha # 7harib al-$adihC $eirutC (8(>
AH.
8/C Shams alHDin Ahmad bin Muhammad bin .halla:an,
:a#4a al-!A4anC $eirutC Dar alHSadir.

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