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- This is a sub-article of Hadiths regarding the legality of Nikah Mut'ah
There are several recorded oral traditions (Arabic: Hadith) from the Islamic prophet Muhammad used either to prove or to disprove the legality of Nikah Mut'ah, an Islamic marriage form. This article lists those hadith regarding the initial practice of Nikah Mut'ah, and provides the classical and modern Shi'a and Sunni interpretation provided by Islamic scholars using the Science of hadith on each of those hadith.
For a more general disscusion regarding the present day legality of Nikah Mut'ah, see Muslim controversies related to Nikah Mut'ah.
List
There are several hadith that reporting that Nikah Mut'ah was used during the time of Muhammad, and some even go further.
Jabir ibn Abdullah and Salama ibn al-Akwa
A hadith attributed to Jabir ibn Abdullah and Salama ibn al-Akwa reports:
While we were in an army, Allah's Apostle came to us and said, "You have been given permission to do Mut'ah, so do Mut'ah" Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general.
Views
This hadith is included in Sahih Bukhari , accompanied by the hadith were Ali is reported to have said it was baned at the day of the battle of Khaybar.
Shi'a use it to stress that Muhammad actually is quoted ordering people to "do Mut'ah", arguing that this rends the argument of the practice being immoral incompatible with the view of Muhammad being a divine prophet. Also noteworthy, Muhammad Muhsin Khan in his The Translation of the Meanings Of Sahih Al-Bukhari choose to translate the quote to "You have been allowed to do the Mut'ah (marriage), so do it."
Abd-Allah ibn Mas'ud
A hadith attributed to Abd-Allah ibn Mas'ud reports:
We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said (to the Prophet). "Shall we castrate ourselves?" But the Prophet forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment, and then he recited: "O you who believe! Do not make unlawful the good things which Allah has made lawful for you."
Views
The quoted verse is verse 87 in chapter in Al-Ma'ida. This hadith confirms that both Shi'a and Sunni agree that Nikah Mut'ah was practiced in the beginning of Islam, considering that the Muhammad al-Bukhari choose to include it in his collection . The Urdu translation of that was based on the compilation of four Sunni scholars translated the order of Muhammad as "Go and find a woman that agrees and marry her for a few days.". This tradition has also been recorded on the authority of Ibn Abbas in Musnad Ahmad ibn Hanbal .
Sunni view
- Al-Qurtubi, a 13th century Sunni Islamic scholar writes :
All the early scholars have no disputes that Mut'ah is Nikah for a set period of time, this Nikah has no inheritance and man and woman separate when the time expires.
References
- http://www.answering-ansar.org/answers/mutah/en/chap4.php
- Sahih al Bukhari, Volume 2 page 774 (Printed, Karachi, Muhammad Saeed and Sons)
- Musnad Ahmad ibn Hanbal Volume 7 page 93
- Tafsir al-Qurtubi Volume 5 p. 32, Surah an-Nisa
