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Those who Deny Mut'a

According to al-Tha'labi and al-Tabari, 'Ali, the Commander of the Faithful, repudiated him. When these two authors reached the verse of mut'a in their major tafsir works, they reported with a chain of transmission to him saying: "Had 'Omar not prohibited the mut'a, nobody would have fornicated, apart from those on the verge [of death]."

Ibn 'Abbas also repudiated him saying: "The mut'a was nothing but a mercy which Allah showered on the umma of Muhammad, had he ('Omar) not prohibited it, no one apart from those on the pink of death would have needed to fornicate," that is, apart from a few people as explained by Ibn al-Athir [when discussing] the source of the word shafi'i in his Nihaya. Ibn 'Abbas used to declare openly that it was permissible, and he had with Ibn al-Zubayr - even in the time of his ruler ship - many discussions, too lengthy to mention here. Jabir also repudiated him ('Omar) as you have read in his traditions.

Similarly, his own son 'Abd Allah repudiated him as is proven from him. Imam Ahmad has reported on page 95 in the second volume of his Musnad from the tradition of 'Abd Allah b. 'Omar. He said he was asked on the mut'a of women: "By God, at the time of the Prophet of God (P), we did not used to fornicate or perform adultery." Then he said: "I swear by God I heard the Prophet of God say there will be, before the day of Judgement, Jesus, the anti-Christ and thirty or more liars." Then he was asked again about the mut'a of women and he said, according to the Sahih of al-Tirmidhi: "It is allowed." It was said to him that "your father prohibited it." He said: "Don't you see that if my father prohibited it while the Prophet performed it will you then leave the sunna and follow my father?"

'Abd Allah b. Mas'ud also repudiated him as is well known from him. The two Shaykhs have reported in their Sahihs - and the words are of Bukhari - from 'Abd Allah b. Mas'ud who said: "We were on an expedition with the Prophet of God (P), and we had nothing. So we said: 'Shall we not castrate [ourselves]?' He prohibited us from that, then he allowed us to perform the mut'a marriage to an appointed time. Then he read for us the verse: 'O you who believe, do not prohibit the good things which Allah has allowed for you, and do not transgress for Allah does not love those who transgress (5:87).'" You know from the recitation of the verse of the severe repudiation of prohibiting it as has been clearly explained by the commentators of the two Sahihs.

According to what has been widely reported, 'Imran b. Husayn repudiated him. Al-Razi reported from him that he said: "Allah revealed a verse concerning the mut'a and He did not apogate it by another verse. The Prophet of God (P) commanded us to perform the mut'a and he did not prohibit us from it. Then a man said something according his opinion as he wished." Al-Razi said he meant 'Omar.

Al-Bukhari has reported in his Sahih from 'Imran b. Husayn who said: "The verse on the mut'a was revealed in the book of God and we performed it at the time of the Prophet of God. No verse was revealed to prohibit it and he did not prohibit it until he died, then a man said according to his opinion what he wished." Ahmad has reported in his Musnad from Abu Raja' from 'Imran b. Husayn who said: "The verse of mut'a was revealed in the book of God and we acted according to it with the Prophet of God; no verse was revealed to apogate it and the Prophet did not prohibit it."

During the time of his Caliphate, al-Ma'mun ordered that it be proclaimed that the mut'a was allowed. Muhammad b. Mansur and Abu Ayna' entered to see him and they found him pushing [his teeth] and he was saying, according to what Ibn Khallikan has reported, while he was in a furious state (quoting 'Umar): "I have prohibited you from the two mut'as which were at the time at the Prophet of God and Abu Bakr." He (al-Ma'mun) said: "Who are you, O dung beetle, that you prohibit what the Prophet of God and Abu Bakr used to do?" Muhammad b. Mansur wanted to talk to him (al-Ma'mun) but Abu Ayna' signalled to him. He said: "The man is speaking against 'Umar Ibn Khattab, shall we talk to him?" They did not talk to him and Yahya b. Aktham entered to see him. He (Yahya) talked to him (al-Ma'mun) confidentially and scared him of sedition. He mentioned to him (al-Ma'mun) that the people thought that he was introducing a major innovation in Islam by this proclamation which would affect all the masses since, for them, there was no difference between the call to permit the mut'a and the call to allow fornication. He was on that course until his resolution was dissolved as he had compassion on his kingdom and on himself.

Amongst those who rejected the prohibition of mut'a and allowed and practiced it was 'Abd al-Malik b. 'Abd al-'Aziz b. Jurayh Abu Khaliq al-Makki. He was born in the year 80 and died in 149 A.H. He was amongst the foremost of the successors. Ibn Khallikan has profiled him in his Wafayat and Ibn Sa'd on p. 361 in the fifth volume of his Tabaqat. The people of the Sihah have used him in their arguments. In his book "al-Jam' bayn rijal al-Sahihayn," Ibn al-Qaysarani profiled him on p.314. Al-Dhahabi mentioned him in his Mizan and said that he married about ninety women by mut'a and he saw it admissible to do that. He said: "He was a jurist amongst the people of Mecca in his time."

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

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