Temporary Marriage in Qur'an, Tradition and Common Consensus

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Who Prohibited Mut’a?Abuses

In Qur'an temporary marriage has been mentioned with the title “Mut’a” in verse 24 of Nisa’ Sura: “You should pay the Mahr (marital mandatory gift given by groom to bride) of those women whom you marry temporarily (perform Mut’a)”.

The interesting point here is that in cabbalas quoted from Prophet (s.a.), the term Mut’a is in meaning of temporary marriage (and in the next discussions lots of these cabbalas will be cited).

Moreover in books of Shiite and Sonni Faqihs anywhere that it has been talked about temporary marriage the term “Mut’a” has been used and denying this is like denying self evident matters (also some expressions of Faqihs will be shown in next discussions).

Still, some people insist to interpret استمتاع (infinitive of the verb for performing Mut’a) in the verse in meaning of pleasuring and intercourse and they said that meaning of verse is when you enjoyed sexually from women then you should pay their Mahr.

This expression has two clear objections:

First: Necessity of paying Mahr is because of marriage; it means that whenever marriage has performed wife can ask for all of her Mahr, even no intercourse or love play has happened (Yes, if a divorce happened before any intercourse then Mahr should paid in half). (Attention!)

Second: As we said, the term “Mut’a” in common law of canon and words of Shiite and Sonni Faqihs and in cabbalas has been used in the meaning of temporary marriage which its evidences will be showed expanded.

Famous commentator the late Tabarsi in interpretation of this verse in “Majma’ Albayan” affirms that there are two opinions available in the verse, opinion of those who interpret استمتاع in meaning of pleasure and names a group of Sahaba or followers and suchlike, and opinion of those who say meaning of this verse refers to Mut’a Nikah and temporary marriage and knows that the opinion of Ibn Abbas Wassadi and Ibn Mas’ood and a group of followers. He says in continue: The second opinion is clear, because the term “Mut’a” and استمتاع is refers to temporary marriage in common law of canon; moreover necessity of paying Mahr to women is not upon pleasuring.1

Ghartabi says in his interpretation: Purpose of this verse in demos opinion is that temporary Nikah which was available at the beginning of Islam.

Sayooti in interpretation of Dorr Almanthoor and Abuhayyan, Ibn Kathir and Tha’alabi have also pointed to this meaning in their interpretations.

It is certain among all scholars of Islam, from Shi’aa and Ahl -e- Sonnat, that temporary marriage was existed in the age of Prophet (s.a.), but lots of Sonni Faqihs believe that this ruling has been prohibited after that time, and there are contradictions for the time of prohibition that is noticeable; For instance as famous scholar Nawawi says in explanation of Sahih of Muslim: 

1- Some persons say that in battle of Khaybar, first it had announced Halaal and then prohibited.

2- Only in Umra Alghaza it was Halaal. 3- In the day of conquering Mecca, first it had announced Halaal and then prohibited. 4- It prohibited in battle of Tabook (in ninth year after migration (Hijrat)). 5- Only in battle of Awtas (in eight year after Hijrat) it announced permitted. 6- It prohibited in Hajj Alvida’ (in tenth year after Hijrat).3

And it is interesting that contradictory cabbalas have been cited in this matter, especially cabbalas for prohibition of Mut’a in battle of Khaybar and in Hajj Alvida’ are famous, and a group of Sonni Faqihs had bothered to conjunct and relate these cabbalas, but did not announce any proper solution.4

And more interesting is the expression quoted from Shafeie, he says: “I know nothing which Allah made Halaal some day, and then Haraam, again Halaal and then Haraam except Mut’a!!”5

While Ibn Hajr quotes from Soheili that prohibition of Mut’a in the day of Khaybar is the matter that none of historians and news tellers have quoted.1

7- Another expression is that Mut’a was Halaal in the age of prophet of Allah (s.a.) and afterward Omar forbade that, as we read in Sahih of Muslim which is one of most reliable Hadith books of Sonni brothers: “Ibn Abi Nazra (Nadhra)” says: I was with Jaber ibn Abdullah Ansari, he said: Ibn Abbas and Ibn Zubayr arguing about Mut’a of women and Mut’a of Hajj (Tamattu’ Hajj for separation between Umra and Hajj), (what do you say?) he said: We performed both in the time of prophet of Allah (s.a.) until Omar forbade them and we abstained from them!”2

According to this explicit expression which is in Sahih of Muslim, is it possible to say that Mut’a had prohibited in the age of prophet of Allah (s.a.)?


1- Majma’ Albayan, vol. 3, page 60.
2- Ghartabi Interpretation, vol. 5, page 120 and Fath Alghadeer, Vol. 1, page 449.
3- Explanation of Sahih of Muslim, vol. 9, page 191.
4- Explanation of Sahih of Muslim, vol. 9, page 191.
5- Ibn Qudama Almughani, vol. 7, page 572.
6- Fath Albari, vol. 9, page 138.
7- Sahih of Muslim, vol. 4, page 59, Hadith 3307, Beirut , Dar Alfikr.
 
 
 
 
 
 
Who Prohibited Mut’a?Abuses
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