Umar’s own testimony that Mutah is permissible and he himself performed it

Uptil now we have read of Umar’s prohibition of Mutah, at no point did he deem Mutah Haram (according to the edicts of the Prophet). In Sahih Muslim we read the words of the companion Jabir bin Abdullah who referred to the practising of Mutah during the time of the Prophet (s), then during the era of Abu Bakar and also during Umar’s reign until he forbade it in the case of Amr bin Harith. Interestingly in Tareekh al-Madina by Ibn Shabah, we read the following version of that incident wherein Umar admitted that Mutah was Halal:

حدثنا أيوب الرقي قال : حدثنا عثمان بن عبدالرحمن الحراني عن زمعة بن صالح عن عمرو بن دينار عن جابر بن عبدالله قال : استمتعت من النساء على عهد رسول الله صلى الله عليه وسلم وزمن أبوبكر ثم زمن عمر حتى كان من شأن عمرو بن حريث الذي كان ، فقال عمر رضي الله عنه : إنا كنا نستمتع ونفي ، وإني أراكم تستمتعون ولا تفون ، فانكحوا ولا تستمتعوا

Jabir said: “We performed Mut’ah during the life times of the messenger of Allah, Abubakr and then Umars’, till what was done by Amr bin Huraith, then Umar said: ‘We used to perform Mut’ah and fulfil it, but I see you performing Mut’ah but not fulfilling it, so perform Nikah, don’t perform Mut’ah”
Tareekh al-Madina by Ibn Shabah, Volume 2 page 717

Umar admitted that Mutah was Halal and the but he prohibited it on account of his observing some people (Sahabah) taking Mutah too casually and not fullfilling the legal responsibilites of a husband. Umar therefore deemed it better to perform permanent Nikah to place psychological pressure on men to fulfil their responsibilities; crucially what is clear from the tradion is that at no point did Umar rule that Mutah was haram.

An excuse that the ‘revered’ and ‘knowledgeable’ Sahabah were ignorant of the prohibition of Mut’ah

The testimonies of great Sahaba, Tabayeen and Sunni scholars regarding the permissibility of Nikah al-Mutah has acted as a thorn in the throat of Nasibism, which they can neither swallow nor spit. That was the reason that their clergy concocted an excuse to save their sinking ship, they came up wit the notion that all those Sahaba who deemed Mutah Halal and kept practicing it, were actually ignorant of its (supposed) prohibition. The excuse was so problematic that the thorn simply wedged further down their throats, as it created a series of logical replies, jaw breaking questions and objections. Let us ponder over the comments made by the founder of Sipah-e-Sahaba Haq Nawaz Jhangvi who sought to apply his false Qiyas as follows:

PERHAPS SOME OF THE COMPANIONS LIKE JABIR, IBN ABBAS AND OTHERS WHO ACTD UPON MUTA WERE UNAWARE OF ITS PROHIBITION BY THE PROPHET UNTIL IT WAS PROCLAIMED BY UMAR.

To all those, who adhere to this view, we would like to ask them:

1. What proof do you have that those Sahaba that deemed Mutah Halal were unware of its supposed prohibition? Or iis this just the result of wild guess aka Qiyas?
2. The orthodox Sunni view is that Ibn Abbas (ra) was ranked amongst the most learned and knowledgeable Sahaba, who possessed an indepth knowledge of Islamic injunctions, if your notion is that he was ignorant of Halal and Haram and was advocating adultery, what credibility should be given to his statements on different issues?
3. The same rationale applies to the remainder Sahaba who deemed Muta Halal, what credibility remains of their view points and statements on various issues? Couldn’t such statements too be the result of ‘ignorance of actual law’?
4. Ansar.org desperately sought to prove that Muawiyah was a ‘Hadi’ according to the (supposed) words of Prophet (s) and tradition inform us that he did Muta long after the death of Holy Prophet (s), so does that mean ithat in your sect a Hadi can commit adultery? Muawiyah had many opponents, why didn’t any of his opponents criticize him for committing adultery (Muta, an act which according to present Day sunnis is Haram)?
5. Those were the Sahaba, what about the Tabayeen whom Sunnies deem the second best generation in terms of believers. Was that second generation too ignorant of the actual law pertaining to Mut’ah and they were unable to correct their stance? Then what credibility remains regarding their countless statements pertaining to jusriprudence found in Sunni books?
6. Last but certainly not least, those Sunnies who say that Prophet (s) had prohibited Muta and Umar merely reaffirmed its prohibition, for them we would like to remind that we have the statements of Umar wherein he testified that two types of Mut’ah existed during the time of Holy Prophet (s) and it was he who was ‘then’ banning them..

Traditions attributed to Umar by his defenders

Tradition One

Umar’s action of interfering in Allah’s religion and declaring Halal acts as Haram posed serious problems to his lovers which made them fabricate an array of traditions on the prohibition of Mut’ah they threw that into the mix so as to further confuse their naïve followers. One such tradition is the following, that can be read in Sunan Ibn Majah, Volume 1 page 631 Tradition 1963:

Ibn Umar said: ‘When Umar bin al-Khatab became the ruler he addressed the people and said: ‘Verily Allah’s Messenger allowed us to perform Mut’ah on three occasions, then he prohibited it, by Allah if I know that there is a married person performing Mut’ah then surely I will stone him, unless if he could bring me four witnesses who could testify that Allah’s Messenger made it lawful after being prohibited.’’

Reply

For those who would like to rely on the above cited tradition to prove that according to Umar, Mut’ah was prohibited by Prophet (s), we would like to state that:

1. this particular version of Umar’s sermon is contrary to those versions discussed earlier wherein he admitted that both types of Mut’ah existed during the lifetime of the Holy Prophet (s) and that he did not attribute the prohibition of Mut’ah to him (s).
2. In the other version of his sermon, Umar admitteed that it was he who banned Mut’ah.
3. The other version of his sermon has been substantiated by the companions like Jabir bin Abdullah who also testified that it was Umar who was banned both types of Mut’ah.
4. Even if the above cited version of his sermon is to be taken into consideration, this places a serious question mark over the knowledge of Umar with respect to Islam since by seeking witnesses who would testify that Mut’ah was not prohibited, he admitted he himself admitted that he may be incorrect in his opinion that Mutah has been banned
5. Last but certainly not least, when we read that so many companions believed that both types of Mut’ah were permissible in Islam and were never abrogated or made Haram, then could the lovers of Umar kindly tell us one good reason as to why they didn’t bother to correct Umar when he himself was seeking witnesses?

Tradition Two

Behaqqi records in his Sunan, Volume 7 page 206 Tradition 13949 a tradition that is similarly recorded with a slightly different chain by Al-Bazar in his Musnad, Volume 1 page 256 Tradition 135:

Abdullah bin Umar said: ‘Umar bin al-Khatab climbed on the pulpit and praised Allah and then said: ‘What is wrong with some men who perform Mut’ah when Allah’s Messenger has prohibited it, surely if I catch anyone performing it I will stone him’.’

Reply

We shall point out to the Nawasib that both the chains of contain two common people one of whom is Mansur bin Dinar about whom Imam Nisai said: ‘Not reliable’. Bukhari said: ‘His narration has been criticized’. Ibn Moin said: ‘Weak’ (Mizan al-Etidal, v4 p184). The other person who is commoin in both the chains is Abdulaziz bin Aban Abu Khalid al-Amawy about whom Dahabi said: ‘Matruk’. Ibn Moin said: ‘Liar’. Ahmad ibn Hanbal said: ‘His narration should not be recorded’ (Mizan al-Etidal, v2 p622). Ibn Hajar said: ‘Matruk’ (Taqrib al-Tahdib, v1 p602).

 

Categories: Arabic - العربية , English