Continuation of the reading from the commentary on Sahih Muslim and the Shaykh's annotations.
Machine translationRead the Arabic original
The reader: "… (may Allah be pleased with him) said that he permitted it, and it was reported that he retracted from that. He said, and they agreed that whenever a marriage of temporary pleasure takes place now, its invalidity is ruled, whether before or after consummation, except for what was reported from Zufar. The companions of Malik differed on whether the one who has intercourse in it is to be given the hadd punishment. Our school holds that he is not given the hadd because of the doubt in the contract and the doubt in the disagreement. The point of disagreement lies in the disagreement among the principles of jurisprudence scholars on whether consensus after disagreement removes the disagreement and makes the issue one of consensus. The more correct view among our companions is that it does not remove it, but the disagreement remains, and the issue does not become one of consensus thereafter, ever. Al-Qadi Abu Bakr al-Baqillani said the same. Al-Qadi said, and they agreed that if a man marries with an absolute marriage contract and his intention is to stay with her only for a period he has in mind, his marriage is valid and lawful, and it is not a marriage of temporary pleasure. The marriage of temporary pleasure is only what takes place with the condition mentioned. However, Malik said this is not among the morals of people. Al-Awza'i deviated and said it is a marriage of temporary pleasure and there is no good in it. And Allah knows best."
The Shaykh : The deviation of al-Awza'i is the school of thought for us, the Hanbalis, that if a man marries with the intention of divorce, the marriage is defective like a marriage of temporary pleasure. In any case, the narration of Sufyan may be the most authentic of the narrations. The issue needs analysis, an analysis of how the ruling is determined, not of its existence. There is no doubt that the ruling is established and that the marriage of temporary pleasure is forbidden until the Day of Resurrection. But was it permitted, then forbidden, then permitted, then forbidden? This is the point of difficulty. The apparent view, and Allah knows best, is that the narration of Sufyan is the preserved one, and that he prohibited the marriage of temporary pleasure and the meat of domesticated donkeys on the day of Khaybar. The phrase "on the day of Khaybar" refers back to the domesticated donkeys, and his mention of "domesticated donkeys" is to exclude wild donkeys. It is amazing that 'Ali ibn Abi Talib (may Allah be pleased with him), who is the imam of the imams according to the Rafidah, is the one who narrated from the Prophet (peace and blessings be upon him) from the true imam of the imams, the Messenger of Allah (peace and blessings be upon him), the prohibition of it. And yet they do not say this. Just as 'Ali ibn Abi Talib is among those who narrated wiping over the leather socks, and the Rafidah do not say this. Yes.
The Shaykh : The deviation of al-Awza'i is the school of thought for us, the Hanbalis, that if a man marries with the intention of divorce, the marriage is defective like a marriage of temporary pleasure. In any case, the narration of Sufyan may be the most authentic of the narrations. The issue needs analysis, an analysis of how the ruling is determined, not of its existence. There is no doubt that the ruling is established and that the marriage of temporary pleasure is forbidden until the Day of Resurrection. But was it permitted, then forbidden, then permitted, then forbidden? This is the point of difficulty. The apparent view, and Allah knows best, is that the narration of Sufyan is the preserved one, and that he prohibited the marriage of temporary pleasure and the meat of domesticated donkeys on the day of Khaybar. The phrase "on the day of Khaybar" refers back to the domesticated donkeys, and his mention of "domesticated donkeys" is to exclude wild donkeys. It is amazing that 'Ali ibn Abi Talib (may Allah be pleased with him), who is the imam of the imams according to the Rafidah, is the one who narrated from the Prophet (peace and blessings be upon him) from the true imam of the imams, the Messenger of Allah (peace and blessings be upon him), the prohibition of it. And yet they do not say this. Just as 'Ali ibn Abi Talib is among those who narrated wiping over the leather socks, and the Rafidah do not say this. Yes.