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‏النكاح (The Book of Marriage)
CHAPTER: TEMPORARY MARRIAGE AND ITS PROHIBITION FOR ALL TIMES TO COME  

No. 3243

Abdullah (b. Mas'ud) reported: We were on an expedition with Allaah's Messenger (sallAllaahu alayhi wa sallam) and we had no women with us. We said: Should we not have ourselves castrated? He (the Prophet) forbade us to do so He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and 'Abdullah then recited this verse: 'Those who believe do not make unlawful the good things which Allaah has made lawful for you, and do not transgress. Allaah does not like trangressers" (al-Qur'an, v. 87).

No. 3244

This hadith has been narrated on the authority of Jarir with the same chain of transmitters and he also recited this (above-mentioned verse) to us, but he did not say that 'Abdullah recited it.

No. 3245

This hadith has been narrated on the authority of Isma'il with the same chain of transmitters (and the words are):" We were young, so we said: Allaah's Messenger, should we not have ourselves castrated? But he (the narrator) did not say; We were on an expedition."

No. 3246

Jabir b. 'Abdullah and Salama b. al-Akwa' said: There came to us the proclaimer of Allaah's Messenger (sallAllaahu alayhi wa sallam) and said: Allaah's Messenger (sallAllaahu alayhi wa sallam) has granted you permission to benefit yourselves, i. e. to contract temporary marriage with women.

No. 3247

Salama b. al. Akwa' and Jabir b. Abdullah reported: Allaah's Messenger (sallAllaahu alayhi wa sallam) came to us and permitted us to contract temporary marriage.

No. 3248

Ibn Uraij reported: 'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of theProphet (sallAllaahu alayhi wa sallam) and during the tinie of Abi! Bakr and 'Umar.

No. 3249

Jabir b. 'Abdullah reported: We contracted temporary marriage giving a handful of (tales or flour as a dower during the lifetime of Allaah's Messenger (sallAllaahu alayhi wa sallam) and durnig the time of Abu Bakr until 'Umar forbade it in the case of 'Amr b. Huraith.

No. 3250

Abu Nadra reported: While I was in the company of Jabir b. Abdullah, a person came to him and said that Ibn 'Abbas and Ibn Zubair differed on the two types of Mut'as (Tamattu' of Hajj 1846 and Tamattu' with women), whereupon Jabir said: We used to do these two during the lifetime of Allaah's Messenger (sallAllaahu alayhi wa sallam). Umar then forbade us to do them, and so we did not revert to them.

No. 3251

Iyas b. Salama reported on the authority of his father that Allaah's Messenger (sallAllaahu alayhi wa sallam) gave sanction for contracting temporary marriage for three nights in the year of Autas 1847 and then forbade it.

No. 3252

Sabra Juhanni reported: Allaah's Messenger (sallAllaahu alayhi wa sallam) permitted temporary marriage for us. So I and another person went out and saw a woman of Bana 'Amir, who was like a young long-necked she-camel. We presented ourselves to her (for contracting temporary marriage), whereupon she said: What dower would you give me? I said: My cloak. And my companion also said: My cloak. And the cloak of-my companion was superior to my cloak, but I was younger than he. So when she looked at the cloak of my companion she liked it, and when she cast a glance at me I looked more attractive to her. She then said: Well, you and your cloak are sufficient for me. I remained with her for three nights, and then Allaah's Messenger (sallAllaahu alayhi wa sallam) said: He who has any such woman with whom he had contracted temporary marriage, he should let her off.

No. 3253

Rabi' b. Sabra reported that his father went on an expedition with Allaah's Messenger (sallAllaahu alayhi wa sallam) during the Victory of Mecca, and we stayed there for fifteen days (i. e. for thirteen full days and a day and a night), and Allaah's Messenger (sallAllaahu alayhi wa sallam) permitted us to contract temporary marriage with women. So I and another person of my tribe went out, and I was more handsome than he, whereas he was almost ugly. Each one of us had a cloaks, My cloak was worn out, whereas the cloak of my cousin was quite new. As we reached the lower or the upper side of Mecca, we came across a young woman like a young smart long-necked she-camel. We said: Is it possible that one of us may contract temporary marriage with you? She said: What will you give me as a dower? Each one of us spread his cloak. She began to cast a glance on both the persons. My companion also looked at her when she was casting a glance at her side and he said: This cloak of his is worn out, whereas my cloak is quite new. She, however, said twice or thrice: There is no harm in (accepting) this cloak (the old one). So I contracted temporary marriage with her, and I did not come out (of this) until Allaah's Messenger (sallAllaahu alayhi wa sallam) declared it forbidden.

No. 3254

Rabi' b. S'abra al-jahanni reported on the authority of his father. We went with Allaah's Messenger (sallAllaahu alayhi wa sallam) to Mecca during the year of Victory and he narrated like this a hadith transmitted by Bishr (the previous one) but with this addition:" She said: Can it be possible?" And it is also mentioned in it:" He said: The cloak of this (man) is old and worn out."

No. 3255

Sabra al-Juhanni reported on the authority of his father that while he was with Allaah's Messenger (sallAllaahu alayhi wa sallam) he said: 0 people, I had permitted you to contract temporary marriage with women, but Allaah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to then (as dower).

No. 3256

This hadith has been narrated on the authority of 'Abd al-'Aziz b 'Umar with the same chain of transmitters, and he said: I saw Allaah's Messenger (sallAllaahu alayhi wa sallam) standing between the pillar and the gate (of the Ka'ba) and he was relating a hadith as narrated by Ibn Numair.

No. 3257

'Abd al-Malik b. Rabi' b. Sabraal-Juhanni reported on the authority of his father who narrated it on the authority of his father (i e. 'Abd al-Malik's grandfather, Sabura al-juhanni): Allaah's Messenger (sallAllaahu alayhi wa sallam) permitted us to contract temporary marriage in the Year of Victory, as we entered Mecce, and we did come out of it but he forbade us to do it.

No. 3258

Sabra b. Ma'bad reported that Allaah's Prophet (sallAllaahu alayhi wa sallam) permitted his Companions to contract temporary marriage with women in the Year of Victory. So I and a friend of mine from Banu Sulaim went out, until we found a young woman of Banu Amir who was like a young she-camel having a long neck. We made proposal to her for contracting temporary marriage with us, and presented to her our cloaks (as dower). She began to look and found me more handsome than my friend, but found the cloak of my friend more beautiful than my cloak. She thought in her wind for a while, but then preferred me to my friend. So I remained with her for three (nights), and then Allaah's Messenger (sallAllaahu alayhi wa sallam) commanded us to part with them (such women).

No. 3259

Rabi' b. Sabra reported on the authority of his father that Allaah's Prophet (sallAllaahu alayhi wa sallam) prohibited the contracting of temporary marriage.

No. 3260

Rabi' b. Sabra reported on the authority of his father that Allaah's Messenger (sallAllaahu alayhi wa sallam) forbade on the Day of Victory to contract temporary marriage with women. This hadith has been narrated on the authority of Rabi' b. Sabra that Allaah's Messenger (sallAllaahu alayhi wa sallam) forbade to contracf temporary marriage with women at the time of Victory, and that his father had contracted the marriage for two red cloaks.

No. 3261

'Urwa b. Zabair reported that 'Abdullah b. Zubair (Allaah be pleased with him) stood up (and delivered an address) in Mecca saying: Allaah has made blind the hearts of some people as He has deprived them of eyesight that they give religious verdict in favour of temporary marriage, while he was alluding to a person (Ibn 'Abbas). Ibn Abbas called him and said: You are an uncouth person, devoid of sense. By my life, Mut'a was practised during the lifetime of the leader of the pious (he meant Allaah's Messenger, sallAllaahu alayhi wa sallam), and Ibn Zubair said to him: just do it yourselves, and by Allaah, if you do that I will stone you with your stones. Ibn Shihab said. Khalid b. Muhajir b. Saifullah informed me: While I was sitting in the company of a person, a person came to him and he asked for a religious verdict about Mut'a and he permitted him to do it. Ibn Abu 'Amrah al-Ansari (Allaah be pleased with him) said to him: Be gentle. It was permitted in- the early days of Islam, (for one) who was driven to it under the stress of necessity just as (the eating of) carrion and the blood and flesh of swine and then Allaah intensified (the commands of) His religion and prohibited it (altogether). Ibn Shihab reported: Rabi' b. Sabra told me that his father (Sabra) said: I contracted temporary marriage with a woman of Banu 'Amir for two cloaks during the lifetime of Allaah's Messenger (sallAllaahu alayhi wa sallam) ; then he forbade us to do Mut'a. Ibn Shihab said: I heard Rabi' b. Sabra narrating it to Umar b. 'Abd al-'Aziz and I was sitting there.

No. 3262

Sabra al-Juhanni reported on the authority of his father: Allaah's Messenger (sallAllaahu alayhi wa sallam) prohibited the contracting of temporary marriage and said: Behold, it is forbidden from this very day of yours to the Day of Resurrection, and he who has given something (as a dower) should not take it back.

No. 3263

'Ali b. AbiTalib reported that Allaah's Messenger (sallAllaahu alayhi wa sallam) prohibited on the Day of Khaibar the contracting of temporary marriage with women and the eating of the flesh of domestic asses.

No. 3264

Malik narrated this hadith on the authority of the same chain of trans- witters that 'Ali b. Abil Talib said to a person: You are a person led astray; Allaah's Messenger (sallAllaahu alayhi wa sallam) forbade us (to do Mut'a), as is stated In the hadith transmitted on the authority of Yahya b. Malik.

No. 3265

Muhammad b. 'Ali narrated on the authority of his father 'Ali that Allaah's Prophet (sallAllaahu alayhi wa sallam) on the Day of Khaibar prohibited for ever the contracting of temporary marriage and eating of the flesh of the domestic asses.

No. 3266

'Ali (Allaah be pleased with him) heard that Ibn Abbas (Allaah be pleased with them) gave some relaxation in connection with the contracting of temporary marriage, whereupon he said: Don't be hasty (in your religious verdict), Ibn 'Abbas, for Allaah's Messenger (sallAllaahu alayhi wa sallam) on the Day of Khaibar prohibited for ever the doing of it-And eating of the flesh of domestic asses.

No. 3267

'Ali (Allaah be pleased with him) said to Ibn 'Abbas (Allaah be pleased with them) that Allaah's Messenger (sallAllaahu alayhi wa sallam) on the Day of Khaibar forbade forever the contracting of temporary marriage and the eating of the flesh of domestic asses.




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