Continuation of the reading from al-Nawawi’s commentary on Sahih Muslim, with commentary.
Machine translationRead the Arabic original
The reader: " ... And from the chapter on what was permissible in the early days of Islam, such as temporary marriage (mut'ah) and its abrogation. His statement, 'We used to go out on military expeditions with the Messenger of Allah (peace and blessings be upon him) and we had no women,' this hadith and most of the hadiths in this chapter indicate that temporary marriage was only permitted during travel due to dire necessity for a short period, as Ibn Abi Umayrah stated that it was a dispensation in the early days of Islam for those who were in dire need of it, like carrion, blood, and the flesh of swine. The narrations differ and are confused regarding the time of its permissibility and prohibition, to such a degree that reconciling them is difficult and certainty cannot be achieved. From Ibn Abi Umayrah, it was in the early days of Islam as mentioned previously. In a narration from Salama, it was in the year of Autas. In a narration from Sabrah, its permissibility was on the day of the Conquest, and these two are close in time, and its prohibition was then in their two hadiths. From Ali, its prohibition was on the day of Khaybar, which is before the Conquest. And in a book other than Muslim, from Ali, the prohibition of the Messenger of Allah (peace and blessings be upon him) of it in the expedition of Tabuk. Abu Dawud narrated from the hadith of al-Rabi' ibn Sabrah the prohibition of it in the Farewell Pilgrimage. It was also narrated from al-Hasan al-Basri that it was never permissible except in the Pilgrimage of Reconciliation (Umrah al-Qada'). This was also narrated from Sabrah. I said: Since these narrations differ, the scholars differed on this in two ways: first, preferring some of these narrations over others; and second, that its permissibility and prohibition recurred in various places. I said: In summary, all the narrations agree on the occurrence of the permissibility of temporary marriage, that it did not last long, and that it was abrogated and forbidden with a permanent prohibition. The Salaf and the Khalaf agreed on its prohibition, except for what was narrated from Ibn Abbas, and it was narrated that he retracted from it, and except for the Rafidah, and no attention is paid to their disagreement because they are not on the path of the Muslims ... ".
The Shaykh : ... the phrase that follows, Allahu Akbar, ... grant Muhammad the intercession and the excellence.
The reader: " And the Salaf and the Khalaf agreed on its prohibition, except for what was narrated from Ibn Abbas, and it was narrated that he retracted from it, and except for the Rafidah, and no attention is paid to their disagreement because they are not on the path of the Muslims. They agreed that temporary marriage, whenever it occurs, is annulled before consummation and after it, except for what is reported from Zufar, who invalidates the term and validates the contract. It seems he held that whenever it is defective, the condition is invalidated and the ruling of validity is applied, and this is an anomalous opinion. Our companions differed if one entered into temporary marriage: is he subject to the hadd punishment and the child is not attributed to him, or is the hadd punishment waived due to doubt and the child is attributed to him? There are two opinions, but he is subject to discretionary punishment and penalized. And when this premise is established "
The Shaykh : ... in this issue, that every defective marriage, if the husband believes it is defective, is exactly like an invalid marriage, with no difference. It is agreed that an invalid marriage is not lawful and that it must be annulled. As for the defective marriage, there is disagreement, and the correct view is that if the husband believes it is defective but he transgressed and married, he is considered a fornicator. Because if you asked him, 'Do you permit this intercourse that occurred with you or not?' he would say, 'No, I do not permit it.' It would then be said, 'So why did you transgress and rely on a contract that is invalid in your view, even if it is valid in the view of others?' This is the correct view in the issue of the defective marriage: whoever believes it is defective is exactly like an invalid marriage. The invalid marriage is that on which the scholars agreed on its invalidity, and the defective one is that on which they disagreed. Yes.
The reader: " And when this premise is established, let us examine the words of the hadiths that occurred in this chapter. His statement, 'Shall we not castrate?' means shall we call for one who performs castration, or shall we attempt it ourselves. The explanation of castration was mentioned previously. His statement, 'So we were forbidden from it,' this prohibition is for prohibition, and there is no disagreement on the prohibition of it in human beings because of the harm in it, the cutting off of lineage, and the nullification of the meaning of manhood. It is also prohibited in non-human animals, except for a benefit obtained from it, such as improving the meat, or removing the harm of that animal. Further detail will come for this. And his statement, 'It was permitted for us ... ".
The Shaykh : ... because the issue of ... applies to ... animals, yes.
The reader: " And his statement, 'It was permitted for us to marry a woman with a garment for a term,' and in the hadith of Jabir, with a handful of dates and flour. There is no proof in this for the one who said that the minimum amount of the bridal gift is not determined, which is the opinion of al-Shafi'i, because this hadith is entirely abrogated, and because that was for dire necessity and the unavailability of more, and because it is possible that the handful of flour or dates equals the minimum bridal gift according to the one who determines it, because those times were times of famines and hardships ".
The Shaykh : No, "times" is in the accusative case because the taa is original; "times" is the plural of "time" ... original, so it is not treated like the sound feminine plural, yes.
The reader: " Because those times were times of famines and hardships, and temporary marriage was dissolved by the arrival of the term without divorce, and no inheritance was due by it. We have previously discussed this in the chapter on temporary marriage in Hajj. Abdullah ibn Mas'ud's argument for its permissibility with his statement[Al-Ma'idah 5:87] has no proof in it, because Allah the Exalted is the one who forbade temporary marriage, not us. It seems that the abrogating verse had not reached him at that time, and after that it reached him and he retracted from it. Jabir's statement, 'We used to take temporary wives with a handful of dates and flour in the time of the Messenger of Allah (peace and blessings be upon him) and Abu Bakr' in a narration, and Umar, the apparent meaning of this is the continuation of the practice among them and in ... on temporary marriage and its prevalence until Umar forbade it. This is contrary to most of the hadiths of this chapter as he mentioned, and the correct view is the first as we mentioned. This is attributed from Jabir to his reporting about those to whom the abrogation had not reached, like Ibn Abbas, so he continued to adhere to the initial permissibility in these eras until Umar and Abdullah ibn al-Zubayr clarified that it was abrogated, and they took the lead in that and threatened with stoning for it, so the morning became clear to the one with two eyes and ... the morning to the one with sound senses. And the matter of Amr ibn Harith was that he married a woman in temporary marriage and that he continued with her until the end of the caliphate of Umar because he had not heard the abrogation, so she became pregnant from him, and his matter was brought to Umar, so he forbade it. And the statement was previously mentioned ... "
The Shaykh : I have in my copy until Umar forbade it in the original ...
The reader: " And the statement was previously mentioned from Jabir, 'We did it with the Messenger of Allah (peace and blessings be upon him)' in the chapter on temporary marriage in Hajj ".
The Shaykh : In any case, if this is preserved, and I doubt that it is preserved, and I think it is anomalous or that it was confused for the narrator, then it must be attributed to the fact that some people had not been reached by the prohibition until the time of Umar. But the apparent meaning of the hadith is that it was well-known among them, because he says " We used to take temporary wives in the time of the Messenger of Allah (peace and blessings be upon him) and Abu Bakr and Umar ", arguing with that for its permissibility. And when a matter is confused for us in the evidence, the obligatory thing is to return to the clear and explicit thing, which is that it was forbidden in the time of the Prophet (peace and blessings be upon him) and remained forbidden until the Day of Resurrection. Yes.
The reader: In al-Bukhari, O Shaykh.
The Shaykh : Huh!
The student: ...
The Shaykh : Yes, correct, correct.
The student: ...
The Shaykh : Huh, this is different, meaning one handful. "Qabdhah" (handful) is with a dammah for the meaning and with a fathah for the instance. Ibn Malik (may Allah have mercy on him) said: " And fa'alah for an instance, like a sitting ".
The Shaykh : ... the phrase that follows, Allahu Akbar, ... grant Muhammad the intercession and the excellence.
The reader: " And the Salaf and the Khalaf agreed on its prohibition, except for what was narrated from Ibn Abbas, and it was narrated that he retracted from it, and except for the Rafidah, and no attention is paid to their disagreement because they are not on the path of the Muslims. They agreed that temporary marriage, whenever it occurs, is annulled before consummation and after it, except for what is reported from Zufar, who invalidates the term and validates the contract. It seems he held that whenever it is defective, the condition is invalidated and the ruling of validity is applied, and this is an anomalous opinion. Our companions differed if one entered into temporary marriage: is he subject to the hadd punishment and the child is not attributed to him, or is the hadd punishment waived due to doubt and the child is attributed to him? There are two opinions, but he is subject to discretionary punishment and penalized. And when this premise is established "
The Shaykh : ... in this issue, that every defective marriage, if the husband believes it is defective, is exactly like an invalid marriage, with no difference. It is agreed that an invalid marriage is not lawful and that it must be annulled. As for the defective marriage, there is disagreement, and the correct view is that if the husband believes it is defective but he transgressed and married, he is considered a fornicator. Because if you asked him, 'Do you permit this intercourse that occurred with you or not?' he would say, 'No, I do not permit it.' It would then be said, 'So why did you transgress and rely on a contract that is invalid in your view, even if it is valid in the view of others?' This is the correct view in the issue of the defective marriage: whoever believes it is defective is exactly like an invalid marriage. The invalid marriage is that on which the scholars agreed on its invalidity, and the defective one is that on which they disagreed. Yes.
The reader: " And when this premise is established, let us examine the words of the hadiths that occurred in this chapter. His statement, 'Shall we not castrate?' means shall we call for one who performs castration, or shall we attempt it ourselves. The explanation of castration was mentioned previously. His statement, 'So we were forbidden from it,' this prohibition is for prohibition, and there is no disagreement on the prohibition of it in human beings because of the harm in it, the cutting off of lineage, and the nullification of the meaning of manhood. It is also prohibited in non-human animals, except for a benefit obtained from it, such as improving the meat, or removing the harm of that animal. Further detail will come for this. And his statement, 'It was permitted for us ... ".
The Shaykh : ... because the issue of ... applies to ... animals, yes.
The reader: " And his statement, 'It was permitted for us to marry a woman with a garment for a term,' and in the hadith of Jabir, with a handful of dates and flour. There is no proof in this for the one who said that the minimum amount of the bridal gift is not determined, which is the opinion of al-Shafi'i, because this hadith is entirely abrogated, and because that was for dire necessity and the unavailability of more, and because it is possible that the handful of flour or dates equals the minimum bridal gift according to the one who determines it, because those times were times of famines and hardships ".
The Shaykh : No, "times" is in the accusative case because the taa is original; "times" is the plural of "time" ... original, so it is not treated like the sound feminine plural, yes.
The reader: " Because those times were times of famines and hardships, and temporary marriage was dissolved by the arrival of the term without divorce, and no inheritance was due by it. We have previously discussed this in the chapter on temporary marriage in Hajj. Abdullah ibn Mas'ud's argument for its permissibility with his statement
do not prohibit the good things which Allah has made lawful to you
لا تحرموا طيبات ما أحل الله لكمThe Shaykh : I have in my copy until Umar forbade it in the original ...
The reader: " And the statement was previously mentioned from Jabir, 'We did it with the Messenger of Allah (peace and blessings be upon him)' in the chapter on temporary marriage in Hajj ".
The Shaykh : In any case, if this is preserved, and I doubt that it is preserved, and I think it is anomalous or that it was confused for the narrator, then it must be attributed to the fact that some people had not been reached by the prohibition until the time of Umar. But the apparent meaning of the hadith is that it was well-known among them, because he says " We used to take temporary wives in the time of the Messenger of Allah (peace and blessings be upon him) and Abu Bakr and Umar ", arguing with that for its permissibility. And when a matter is confused for us in the evidence, the obligatory thing is to return to the clear and explicit thing, which is that it was forbidden in the time of the Prophet (peace and blessings be upon him) and remained forbidden until the Day of Resurrection. Yes.
The reader: In al-Bukhari, O Shaykh.
The Shaykh : Huh!
The student: ...
The Shaykh : Yes, correct, correct.
The student: ...
The Shaykh : Huh, this is different, meaning one handful. "Qabdhah" (handful) is with a dammah for the meaning and with a fathah for the instance. Ibn Malik (may Allah have mercy on him) said: " And fa'alah for an instance, like a sitting ".