• Misyar Marriage

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    Nawafil prayers are not allowed with Jama'at except salatul-istisqa' (the salat for praying to Allah to send rain)..

  • Umar attacks Fatima (s.)

    Umar ordered Qunfuz to bring a whip and strike Janabe Zahra (s.a.) with it.

  • The lineage of Umar

    And we summarize the lineage of Omar Bin Al Khattab as follows:

  • Before accepting Islam

    Umar who had not accepted Islam by that time would beat her mercilessly until he was tired. He would then say

Wednesday, September 19, 2012

Refuting the claim that Ibn Abbas changed his position on Mut’ah

In the deeply moving article Zawaaj al Mut’ah:
Ninety-nine percent of the companions followed this opinion, but there was one percent who believed Mut’ah can be performed in extreme case of necessity in the land of war. This one percent is divided into two groups. One says, it is allowed with the Caliph’s permission, and the other says there is no need for the permission . Those who do not believe in Caliph’s permission say that it was Umar who made it haram. Their proof is based upon an opinion by a companion namely Ibn Abbas. People misused this opinion of Ibn Abbas until he clarified himself and said, Wallahi I did not mean what they did! I meant similarly to what Allah meant when he allowed the meat of dead animals and pork to be eaten in extreme necessity. This is referring to the time when people abused the rule of necessity at time of Umar, following the understanding of the one percent.

Reply One – The Sahih Sita confirm that Ibn Abbas deemed Mut’ah halaal.

As proof we can cite:
  • Sahih Bukhari, Arabic-English, v7, Hadith #51
  • Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3261
  • Sahih Muslim Sharh Nawawi Volume 1 page 52
  • Sunan Kabeera Volume 7 p 215 Kitab Nikah
  • Tafseer Durre Manthur Volume 2 page 41
We read in Sahih Bukhari:
“Narrated Abu Jamra: I heard Ibn Abbas (giving a verdict) when he was asked about the Mut’ah with the women, and he permitted it (Nikah al-Mut’ah). On that a freed slave of his said to him, “That is only when it is very badly needed and (qualified permanent) women are scarce, or similar cases.” On that, Ibn Abbas said, “Yes.”
It is interesting to note that “Nida ul Islam magazine” cites no reference whatsoever and falsely attributes this saying to Ibn Abbas! Pork and dead animals CAN be eaten in times of necessity but such meat remains haraam, but in the case of Mut’ah we know that it was made permissible by Divine decree as is proved by verse 24 of Surat Nisa [confirmed by Ibn Abbas], similarly the tradition of Bukhari demonstrates that Ibn Abbas issued a fatwa that Mut’ah was permissible. Even if we were to accept the argument of necessity, this is open to interpretation and can arise in all manner of circumstances, e.g. an overseas student may need to do Mut’ah as this is the only means to control his sexual desire. If the Nasibi is using Qiyas to suggest that the Sahaba only deemed Mut’ah to be used in times of need, perhaps she could explain at the Victory of Makka as the annals of history attest that Muslims performed pilgrimage together with their wives. Hence, there was no extraordinary need for Mut’ah.
Ibn Hanbal in his Musnad, Volume 5 page 228 records:
Ibn Abbas narrated “Rasulullah (s) gave us the order to practise Mut’ah, it existed, Urwah ibn Zubayr said, ‘Abu Bakr and Umar stopped this’, Ibn Abbas responded saying ‘I’m telling you what Rasulullah (s) deemed halaal and you’re telling me what Abu Bakr and ‘Umar did, I see that you shall be destroyed”.
Musnad Ahmad Ibn Hanbal, Volume 5, Page 228
If Ibn Abbas held a position that Mut’ah had been prohibited by Rasulullah (s), then why was Ibn Abbas stating that Rasulullah (s) ordered this practise, deeming it halaal?
We read in Sahih Muslim:
“Urwa Ibn Zubair reported that Abdullah Ibn Zubair stood up (and delivered an address) in Mecca saying: Allah has made blind the hearts of some people as he has deprived them of eyesight that they give religious verdict in favour of temporary marriage, while he was alluding to a person (Ibn Abbas). Ibn Abbas called him and said: You are a rude person and devoid of sense. By my life, Mut’ah was practised during the lifetime of the leader of pious (he meant Allah’s Messenger, may peace be upon him), and Ibn Zubair said to him: Just do it yourself, and by Allah, if you do that I will stone you with your stones”.
Several things are established from this tradition:
  • Ibn Zubayr was alluding to the fact that Ibn Abbas was blind. Ibn Abbas became blind towards the end of his life and yet he still maintained the position that Mut’ah was halaal even in his last days.
  • Ibn Abbas submitted evidence of Mutah by citing the Sunnah of the Prophet. Ibn Zubayr offered no corroborative evidence, proving a prohibition; all he did was cite a threat of force. This was a very public debate, wherein the intention was to publicly humiliate Ibn Abbas from the pulpit, in the presence of the people gathered there. If Ibn Abbas was promoting a haraam activity, why did not a single person gathered there seek to refute Ibn Abbas, by evidencing the alleged Hadeeth banning Mutah? There was no reason for those opposed to the stance of Ibn Abbas to remain silent, after all they were not under any form of threat to remain silent, on the contrary had they stood up with supporting evidence with which to silence Ibn Abbas, this would have assisted Ibn Zubayr, who had got himself trapped by the comments of Ibn Abbas. If Ibn Abbas was wrong and Mutah had been made haraam, can it be believed that the Sahaba and Tabieen that were gathered there did nothing to correct Ibn Abbas? Was there not any religious obligation to correct Ibn Abbas for this deviant belief? The failure of Ibn Zubayr and those gathered at the time to provide any nass with which to silence Ibn Abbas proves that at that time no evidence of the prohibition by ‘nass’, the people had no knowledge of such traditions, it was outlawed because Umar (and here Ibn Zubayr) found the practice distasteful – but personal opinion is of no value in the presence of what is lawful in the eyes of Allah (swt) as Ibn Abbas (ra) correctly pointed out.
  • The threat of Ibn Zubayr to inflict a penalty proves that his order came at a time when he had the clout to inflict such an act, namely when he attained brief power during the Khilafath of Yazeed. This serves as a major proof on the lawfulness of Mut’ah, since the brief reign of Ibn Zubayr was well after Abu Bakr, Umar and Uthman. The view of Ibn Abbas is clear evidence that he believed its banning to be of Umar’s own volition and not the word of Rasulullah(s), if we are wrong in our assertion then why the objection of Ibn Zubayr? There would be no reason for a dispute if Ibn Abbas believed, like Ibn Zubayr, that Mut’ah was haram.
As such, there can be no doubt that Ibn ‘Abbas maintained this opinion until his death. Abdullah ibn Abbas died in 68 Hijri and “became blind towards the end of his life.”
Al Bidayah Wal Nihayah (Urdu), Vol 8 page 1291, Events of 68 H
We appeal to justice, Ibn Abbas lived almost 57 years after the Prophet (s), and lost his eyesight in his final years, at a time when he refuted the comments of Ibn Zubayr, so even then he upheld the validity of Mut’ah, this destroys any notion that he had revoked his position practising Nikah Mut’ah.
Advocates of the Sahaba may believe that Ibn Abbas corrected his stance/clarified any misconceptions, but he maintained this stand openly defending hisview before Ibn Zubayr’s protestations and his mocking him to consult his mother on its legitimacy serves as ample proof that Ibn Abbas deemed the prohibition on Mut’ah to be wrong and placed the blame squarely at the door of Umar.
This tradition destroys another magnificent argument that had been advanced in ‘The unlawfulness of Mut’ah’ by Maulana Mufti Muhammad Shafi:
However, there are some of those who claim that Sayyidina Abdullah ibn ‘Abbas, radiyallahu ‘anhu, believed in the lawfulness of Mut’ah right up to his later years, although this is not so. Hadrath Imam Tirmidhi (rahmatullahi ‘alaihi), devoting a chapter to Mut’ah, has reported two Ahadith. The first one is as follows:.
Hadrath Ali ibn Abi Talib (radiyallahu ‘anhu) reports that the Holy Nabi, sallallahu ‘alaihi wa sallam, on the occasion of the battle of Khyber, prohibited Mut’ah with women and from (eating) the meat of domestic donkeys. This Hadith-e-Sharif appears in Sahih al-Bukhari and Sahih Muslim as well. The second Hadith reported by Hadrath Imam al-Tirmidhi is given below:
Hadrath Ibn Abbas (radiyallahu ‘anhu) says: Mut’ah was there only in the early period of al-Islam until the Ayat-Illaa ‘alaa azwaajihim awmaa malakat aymaanuhum-was revealed. Then, he said: All private parts other that these are unlawful (that is other than those of the legally wedded wife and the bondwoman one may come to have).Nevertheless, this much has to be said that Sayyidina Ibn ‘Abbas radiyallahu ‘anhu) took Mut’ah to be permissible upon a certain time. Then, it was on the good counsel of Sayyidina Ali, radiyallahu ‘anhu (as in Sahih Muslim, volume 1, p. 452) and under the chastening impact of the noble Ayat-Illaa ‘alaa azwaajihim awmaa malakat aymaanuhum-that he revoked his earlier position, as indicated in the narration from Imam Tirmidhi
Ibn Abbas (ra) lived many years after death of Ali Ibn Abi Talib (as). Had Ali Ibn Abi Talib (as) really forbidden Mutah to Ibn Abbas, then is it believable that Ibn Abbas (ra) continued issuing Fatwa in favour of Mutah when the truth had been made manifest to him? If the alleged counsel of Imam ‘Ali (as) was indeed correct (that Mut’ah was made haraam at Khayber) how did Ibn Abbas still believe that Mut’ah was halaal during the reign of Ibn Zubayr? In this regards we read in Sahih Muslim, Book 008, Number 3261:
‘Urwa b. Zabair reported that ‘Abdullah b. Zubair (Allah be pleased with him) stood up (and delivered an address) in Mecca saying: Allah has made blind the hearts of some people as He has deprived them of eyesight that they give religious verdict in favour of temporary marriage, while he was alluding to a person (Ibn ‘Abbas). Ibn Abbas called him and said: You are an uncouth person, devoid of sense. By my life, Mut’a was practised during the lifetime of the leader of the pious (he meant Allah’s Messenger, may peace be upon him), and Ibn Zubair said to him: just do it yourselves, and by Allah, if you do that I will stone you with your stones.
There are a plethora of Sunni traditions regarding the dispute between Ibn Abbas and Ibn Zubair. In light of this tradition will the defenders of the Sahaba tell us of their opinion of Ibn Abbas? Was he a hypocrite who knowing that Mut’ah was haraam still advocated an act that today’s Nasibi deem prostitution? Moreover to suggest that Ibn Abbas changed his view of Mut’ah due to the ‘chastening impact of the noble Ayat-Illaa ‘alaa azwaajihim awmaa malakat aymaanuhum is indeed amusing, since the tradition from Tirmidhi includes the alleged testimony of Ibn Abbas, that ‘Mut’ah was there only in the early period of al-Islam’. This is clearly false because this verse cited (Surah Mara’aij) was Makkan and the practise of Mut’ah continued well after the Hijrah, and according to Ahl as-Sunnah traditions was revoked at the time of the Victory of Makka in the 8th Hijri! Moreover (as we have already proven in the previous chapter) the verse that ‘changed’ the view of Ibn Abbas (as we have already discussed) was revealed before the verse on Mut’ah and Ibn Abbas would recite verse 24 of Nisa with the additional word ‘for a prescribed period’ to confirm that the verse was about Mut’ah!
Mufti Shafi had relied on a narration from Sunan Tirmidhi as evidence that Ibn Abbas altered his stance on Mutah:
The second Hadith reported by Hadrath Imam al-Tirmidhi is given below:
Hadrath Ibn Abbas (radiyallahu ‘anhu) says: Mut’ah was there only in the early period of al-Islam until the Ayat-Illaa ‘alaa azwaajihim awmaa malakat aymaanuhum-was revealed. Then, he said: All private parts other that these are unlawful (that is other than those of the legally wedded wife and the bondwoman one may come to have). Nevertheless, this much has to be said that Sayyidina Ibn ‘Abbas radiyallahu ‘anhu) took Mut’ah to be permissible upon a certain time. Then, it was on the good counsel of Sayyidina Ali, radiyallahu ‘anhu (as in Sahih Muslim, volume 1, p. 452) and under the chastening impact of the noble Ayat-Illaa ‘alaa azwaajihim awmaa malakat aymaanuhum-that he revoked his earlier position, as indicated in the narration from Imam Tirmidhi
The tradition can also be read in Sunan al-Behaqqi, Volume 7 pages 205-206 but it would have been better for Maulana Shafi and others who use this tradition in an attempt to prove Ibn Abbas (ra) believed in the impermissibility of Mutah to ascertain its authenticity. The chain includes a narrator Musa bin Ubaydah who has been declared weak by Imam Ibn Hajar Asqalani in Taqreeb al-Tahdeeb, Volume 2 page 226, Imam Dhahabi in Al-Kashif, Volume 2 page 306 and by Imam Yahyah bin Mueen in Tarikh Ibn Mueen, page 199. Imam Jamaluddin al-Mizzi records in Tahdeeb al-Kamal, Volume 29 page 112 that Imam Nasai and Imam Tirmidhi himself deemed him weak. Imam al-Razi records in his book Al-Jarh wa al-Tadeel that his Hadiths are Munkar. Prominent scholars of Ahle Sunnah included him in their books having the list of weak narrators such as Bukhari in Dhu’afa Saghir, page 111, Abu Naeem al-Asbahani in Dhu’afa, page 135, Ibn Haban in Majrohin, Volume 2 page 234 and Al-Aqili in al-Dhu’afa, volume 4 page 160. Also we are informed in Tahdeeb al Tahdeeb, Volume 10 pages 356-360:
Ibn Hanbal said: ‘He narrated Munkir hadeeth, taking narrations from him is not acceptable according to me, he narrated numerous Munkir hadeeths”
Moreover advancing of this verse as evidence is also baseless as it suggests that the only relationships that remained lawful following descent of this verse were those with wives and slave women – we know from ample evidence that women in Mutah relationships are also counted as wives as this is also a form of Nikah – and hence would not fall outside the boundaries of this verse.
Also take a look at the grave defect in the text [matan] of the cited narration. According to this narration Ibn Abbas (ra) stated that Mutah was Halal until the aforesaid verse revealed. If these were indeed the words of Ibn Abbas (ra) then can any sane person answer the question as to why Ibn Abbas (ra) was fighting with Ibn Zubayr over the permissibility of Mutah half a century after the revelation of the cited verse?

Reply Two – Ibn Abbas rejected Umar’s prohibition on Mut’ah during his lifetime

We are quoting from:
  1. Fatah ul Bari, Volume 9, page 173
  2. Aujaza al Masalik Sharh Muwatta Imam Malik, Volume 9 page 404
  3. Mirqat Sharh Mishkat, Volume 3 page 381 Dhikr Mut’ah
  4. Nail al-Autar, Volume 6 page 51, Bab al Nikah
  5. Fatah ul Qadeer Sharh Hidaya, Volume 3 page 51
  6. Al Bidayah wal Nihayah, Volume 4 page 221
  7. Irwa al-Ghalil by Albaani, Volume 6 page 319
Ibn Katheer writes:
ومع هذا ما رجع ابن عباس عما كان يذهب إليه من إباحة
“Ibn Abbas never retreated from permitting donkey’s flesh and Mutah”
We read in Fatah ul Bari:
Ibn Batal said: ‘The People of Mecca and Yemen narrated from Ibn Abbas that Mut’ah is permissible. And it is narrated by a weak chain that Ibn Abbas revoked its permissibility. permission of Mut’ah by him is more correct and this is the doctrine of the Shia.
Salafi/Wahabi Imam Nasiruddin Al-Albaani records:
أن ابن عباس رضي الله عنه روي عنه في المتعة ثلاثة أقوال : الأول : الاباحة مطلقا . الثاني : الاباحة عند الضرورة . والآخر : التحريم مطلقا وهذا مما لم يثبت عنه صراحة بخلاف القولين الأولين فهما ثابتان عنه . والله أعلم
“Three statements have been narrated from Ibn Abbas (ra) regarding Mut’ah, the first one is about its absolute lawfulness, the second is about its lawfulness in emergency and the last is about an absolute prohibition and this is not proven unlike the first two statements which are proven to have be stated by him. And Allah knows best.”
We read in Mirqat Sharh Mishkaat:
ولا تردد في أن ابن عباس هو الرجل المعرض به وكان قد كف بصره فلذا قال ابن الزبير كما أعمى أبصارهم وهذا إنما كان في حال خلافة عبد الله بن الزبير وذلك بعد وفاة على كرم الله وجهه فقد ثبت أنه مستمر القول على جوازها ولم يرجع
“Three statements have been narrated from Ibn Abbas (ra) regarding Mut’ah, the first one is about its absolute lawfulness, the second is about its lawfulness in an emergency and the last is about an absolute prohibition and this is not proven, unlike the first two statements that have been proven to be attributed to him. And Allah knows best.”
Download the book from www.almeshkat.com
We read in Fatah ul Qadeer Sharah Hidayah:
“The position of Ibn Abbas on the permissibility of Mut’ah until his last day is proven”.
In Rasal wa Masail Volume 3 pages 53-54, Maulana Sayyid Abu’l A’lal Maudoodi was asked whether Ibn Abbas revoked his position on Mut’ah by one of his supporters and this was his answer:
“The comments of the people of knowledge in connection with this are before me, and it is true that differences exist in the chapter those traditions that I have noted do not prove that Ibn Abbas deemed his opinion to be wrong, rather it would suggest that he had only issued edicts in its support…
In Fatah ul Bari, Allamah Ibn Hajr noted these comments from Makkan narrators:
‘The people of Makka noted the Fatwa of Ibn Abbas, on the permissibility to practise Mut’ah, although there are also calls wherein he revoked this position, these chains are weak, whilst Sahih traditions evidence that he deemed it permissible’ later Ibn Hajr admits that there are differences over whether he revoked it.”

Reply Three: The students of Ibn Abbas had a better idea about his stance on Mut’ah

Whilst we have proved that Ibn Abbas remained firm on the permissibility of Nikah al-Mut’a until the end of his life if our opponents still argue that he changed his mind towards the end of his life, then we should point out that his students, who are counted as revered personalities in the Sunni school had a much better knowledge of the stance of Ibn Abbas, which is why Saeed bin Jubayr, Tawoos bin Kaysan and Ata bin Riayah deemed Mut’a to be Halal. We shall now expand on this further.

The Sahaba of Abdullah bin Abbas deemed Mut’ah to be Halal

As evidence we shall cite the following Sunni texts:
  1. Fatah ul Bari Sharh Bukhari, Volume 9 page 172 Bab Nikah
  2. Umdah Thul Qari Fi Sharh Bukhari, Volume 8 p. 10 Bab Ghazwa Khyber
  3. AuJaza al Masalik, Volume 9 page 404
  4. Nail al-Autar, Volume 6 page 533 Dhikr Mut’ah
  5. Sharh Zarqani Muwatta Imam Malik, Volume 3 page 54
  6. Tafseer Khazan, Volume 1 page 423
  7. Al-Estidkar by Ibn Abdul Barr, Volume 5 page 506
  8. Kanz al-Daqaiq, Volume 5 page 289
We read the following statement about Ibn Abbas in Tafseer Khazan:
فروي عنه أن الآية محكمة وكان يرخص في المتعة
“It has been narrated from him that the verse is Muhkam and he used to permit mutah”
For those who are unaware of word Muhkam, we should elaborate that Muhkam is the type of verse that has not been abrogated whatsoever. Imam of Ahle Sunnah Munawi records in Faiz al-Qadeer, Volume 4 page 508:
آية محكمة أي لم تنسخ
“Muhkam verse is that which has not been abrogated”
Allamah Azeem Abadi records in ‘Awn al-Mabood Sharah Sunan Abu Dawood’ Volume 8 page 66:
آية محكمة أي غير منسوخة
“Muhkam verse is the one which has not been abrogated”
We read in Fatah ul Bari:
Ibn Hazm stated: ‘Those who deemed Mut’ah to be Halaal after the Holy Prophet (s) are Ibn Masud, Mu’awiya , Abu Saeed, Ibn Abbas, Salama, Ma’bad the son of Umayyah bin Khalaf, Jabir, Amr bin Huraith..”
We read in in Fatah ul Bari as well as in Sharh of Muwtta Imam Malik by Allamah Zarqani:
قال ابن عبد البر‏:‏ أصحاب ابن عباس من أهل مكة واليمن على إباحتها
Ibn Abdulbar said: ‘The companions of Ibn Abbas from Makka and Yemen believed that it was lawful’
Similarly we read in Kanz al-Daqaiq:
وَاشْتَهَرَ عَنْ ابْنِ عَبَّاسٍ تَحْلِيلُهَا وَتَبِعَهُ عَلَى ذَلِكَ أَكْثَرُ أَصْحَابِهِ مِنْ أَهْلِ الْيَمَنِ وَمَكَّةَ
“It is popular that Ibn Abbas permitted it and most of his companions from Yemen and Makka followed him”
Nail al-Autar states:
“Those individuals that deem Mut’ah halaal were Taus, Ata bin Abi Rabeh and Saeed bin Jubair”
Allamah Ibn Abdul Barr records:
Abu Umar said: ‘All the companions of ibn Abbas from the people Makka and Yemen, consider Mutah halal’
Qadhi Thanaullah Panee Patti in his Tafseer Mazhari, Volume 3 page 19 makes this comment:
Ibn Hajr Asqalani cites those Tabieen that gave Fatwas on Mut’ah being halaal, they were Ibn Jurrayj, Tawoos, ‘Ataa’, the students of Ibn Abbas, Sa’eed bin Jubair and the Fuqaha of Makka.”
Tafseer Mazhari, Volume 3, Page 19
Ibn Tamiyah quotes the comments of Ibn Hazm:
“Among the Successors of the Companions, Tawoos, Sa’eed bin Jubair, ‘Ataa’, and the rest of the Makkan jurists believed in its permissibility.”
Ibn Tamiyah al-Harrani, al-Muntaqaa min Akhbaar al-Mustafa, edited by Muhammad Hamid al-Faqqi, 2 volumes, Cairo: al-Maktabat al-Tijariyya, 1931 edition, volume 2, page 520
These students of Ibn ‘Abbas were all given a very high rank by the Sunni ‘ulama. We shall present some facts about these great individuals.
Tawoos bin Kaysaan, Died in 106 hijrah:
He was a highly reliable hadeeth narrator and Prophetic traditions from him are recorded by Imams Bukhari, Muslim, al-Tirmidhi, al-Nasa’i, Abu Dawood, Ibn Maja, Imam Ahmad bin Hanbal.
- Tawoos narrates 85 traditions in Sahih Bukhari and 78 in Sahih Muslim.
Ibn Kathir states about him:
“He was an exalted Imam… he had met with almost 50 Sahabah and most of his traditions are narrated from Ibn Abbas. Many prominent Tabaeen have narrated traditions from him”
Al Bidayah wal Nihayah (Urdu), Vol 9 page 305 ‘Events of 106 H’.
Sa’eed bin Jubair, Died in 94 or 95 hijrah:
He was a highly reliable hadeeth narrator and Prophetic traditions from him are recorded by Imams Bukhari, Muslim, al-Tirmidhi, al-Nasa’i, Abu Dawood, Ibn Maja, Imam Ahmad bin Hanbal, and Imam Maalik bin Anas.
Sa’eed narrates 147 traditions in Sahih Bukhari and 78 in Sahih Muslim.
‘Ataa bin Abi Riyah, Died in 114 or 115 hijrah:
He was a highly reliable hadeeth narrator and Prophetic traditions from him are recorded by Imams Bukhari, Muslim, al-Tirmidhi, al-Nasa’i, Abu Dawood, Ibn Maja, and Imam Ahmad bin Hanbal.
‘Ataa narrates over 100 traditions in each of Sahih Bukhari and Sahih Muslim.
Ibn Kathir while writing about Ata states in his esteemed work Al Bidayah wal Niahayah (Urdu), Vol 9 page 339 ‘Events of 114 H’ published by Nafees Academy Karachi:
“He was extremely Thiqa and an exalted person among all Kabar Tab’een. He met with 200 Sahabah… Ata was a Thiqa scholar and a jurist… Abu sabgh al Baqir said: ‘I never found a more learned Faqih than Ata’.”
We invite those with open minds to consult the taraajim (biographical notices) in the rijaal books for each of these 3 towering personalities and the glowing tributes paid to them by the likes of al-Dhahabi, Ibn Hajar al-’Asqalani, and in particular al-Mizzi’s Tahdheeb al-Kamal. Use the index to locate the individuals.
Now that we have made reference to the esteemed rank of these three personalities let us now analyse the magnificent words of Nida ul Islam magazine:
Temporary marriage – i.e., Mut’ah marriage – was permitted at the beginning of Islam, then it was abrogated and became haraam until the Day of Judgement.
Were Imams of Ahle Sunnah Sa’eed, Tawoos, and ‘Ataa advocating haraam sexual relations? Or was it a valid difference of understanding from the sources (Ijtihad) as legal scholars frequently have in many areas?
On these grounds, Mut’ah marriage is considered to be zina (adultery or fornication), even if both parties consent to it, and even if it lasts for a long time, and even if the man pays the woman a mahr. There is nothing that has been reported in Shari’ah that shows that it may be permitted, apart from the brief period when it was allowed during the year of the conquest of Makkah.
Were Sa’eed, Tawoos, and ‘Ataa advocating zina? Or was it a valid difference of understanding from the sources (Ijtihad) as legal scholars frequently have in many areas? According to the quoted statement you imply that even many Companions were, na’oodhubillah, involved in zina (see the plethora of traditions which show Companions were involved in Mut’ah after he demise of the Prophet (s) – some of these have been quoted earlier). The enmity against the Shi’a makes people blind to what they say and who else they implicate!
As temporary marriage was a custom amongst Arabs in the days of ignorance, it would not have been wise to forbid it except gradually, as is the manner of Islam in removing pre-Islamic customs which were contrary to the interests of people.
Were Sa’eed, Tawoos, and ‘Ataa from the days of the jahiliyya, or were they from the generation who saw, met the Companions and obtained their religious knowledge from them – decades after the Islamic Shari’a had taken its final form? It is clear they were from the latter and still proponents of Mut’ah. So was it a valid difference of understanding from the sources (Ijtihad) as legal scholars frequently have in many areas?
It is well established that temporary marriage does not agree with the interests of people because it causes loss to the offspring, uses women for fulfilment of the lusts of men, and belittles the value of a woman whom Allah has honoured. So temporary marriage was forbidden.
Now who would tell Sa’eed, Tawoos, and ‘Ataa who obviously thought that was NOT the case. And what about the noble Companion of the Prophet (s), Jabir al-Ansaari, who himself admitted to holding Mut’ah permissible till the end of caliphate of ‘Umar (see evidence supplied earlier in this article)? And you say we insult the Companions?
There is no doubt that contemplation in this brief message will find in it convincing proof that temporary marriage is prohibited for those who believe in Allah and are free from blind loyalty.
Did Sa’eed, Tawoos, and ‘Ataa believe in Allah and were they free from blind loyalty? Why did this ‘convincing proof’ not come to the notice of Ata’a, Tawoos and Sa’eed? Does Abu Ruqqaya possess greater knowledge than these three Tabaeen / Fuquha? Why did these reliable scholars of hadith – from whom Bukhari and Muslim narrate and believe that Mut’ah was valid decades after these Companions had passed away?
We appeal to those with open minds, if (according to Ahl as-Sunnah) all the Sahaba are stars of guidance for the Ummah, and difference amongst the ‘ulama is a blessing, and that every scholar issues a correct fatwa, then we appeal for justice before our Muslim brothers. If Ibn Abbas and his Sahaba and Tabieen can be deemed as Islamic scholars, then we see that they all ruled in favour of Mut’ah. Why is it impermissible to follow these stars of guidance, and obligatory to follow ‘Umar? This question becomes even more difficult to answer when we see how ‘Umar’s fatwa completely contradicts the Qur’an and Sunnah.

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