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Proof from the book on the legislation of Mut'a

It is sufficient for us to cite proof for its legislation the saying of the Almighty in chapter four: "And what you enjoy from them then give them their prescribed dowries (4:24)." The Imams from the ahl al-bayt and their devoted friends have agreed that this verse was revealed concerning the marriage of mut'a. Abu Ibn Ka'b, Ibn 'Abbas, Sa'id b. Jubayr and al-Sadi used to recite it as "whatever you enjoy of them to the agreed term." The companion [of the Prophet] 'Imran b. Husayn clearly stated that this verse was revealed concerning the mut'a and that it was not apogated until a man said according to his own views what he wished." Mujahid has also stated that the verse was revealed for the mut'a according to what al-Tabari has reported from him in his Tafsir al-Kabir .

This is also attested to by the fact that the Almighty Allah, at the beginning of the chapter, has clarified the ruling on the permanent marriage by His saying: "Marry what pleases you amongst the women, two, three or four" then Allah said: "Give the women their dowry as a gift (4:4)." If the verse [on mut'a] was also clarifying the permanent marriage, it would have meant repeating [the same ruling] in one chapter. But if it was to explain the mut'a, then it was explaining a new concept. The people of understanding who contemplate on the wise Qur'an know that the chapter on the women (chapter 4) includes the explanation of all [types of] Islamic marriages, so the permanent marriage and the possession of the right hand are explained by the saying of the Almighty: "And marry what pleases you of the women, two, three or four, and if you fear that you will not be able to deal justly with them, then one only, or whatever your right hand possesses." The marriage of the slave girl is clarified by the saying of the Almighty: "And if it is not possible for any of you to marry the pure believing women, then marry the believing girls amongst those whom your right hand possesses (4:25)," until He said "then marry them with the permission of their families and give them their dowries according to what is proper." The mut'a is explained by this verse "And what you enjoy from them then give them their dowries."

Adapted from the book: "Questions on Jurisprudence" by: "Abdul Hussein Shareefaldin Al-Musawi"

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