Explanation of the Book of Marriage-07
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The Shaykh : Then he said: "And from Salama ibn al-Akwa' (may Allah be pleased with him), who said: Bulugh al-Maram 8:33. Muslim narrated it".
The year of Autas is the year of the conquest of Ta'if, which is at the same time the year of the conquest of Makkah. So sometimes it is referred to as the year of the conquest of Makkah, because it is more famous and greater, and sometimes it is referred to as the Battle of Autas or the year of Autas. It is referred to as the year of Autas, as in this hadith, because the year is twelve months. If the conquest of Makkah was in Ramadan and the Battle of Autas was in Dhul-Qa'dah, is the year one or two?
The student: One.
The Shaykh : One. So sometimes it is referred to as the year of the Conquest and sometimes as the year of Autas. Therefore, this hadith does not contradict what is authentic, because he prohibited it in the year of the conquest of Makkah, which does not contradict it, because the time is the same. Yes, a dispensation was granted for temporary marriage in the year of Autas.
And his saying:, may be derived from it: that it was originally forbidden, because a dispensation is only for what is forbidden, meaning it is from what is forbidden; there is no dispensation except in contrast to what is forbidden. So temporary marriage was forbidden first, then a dispensation was granted for it for three days, then it was prohibited. So how many times was it forbidden?
The student: Twice.
The Shaykh : Twice, first, then it was permitted, then it was forbidden. And this resembles what passed by us recently regarding the prohibition of?
The student: Makkah.
The Shaykh : Makkah, where many scholars said: that it was forbidden, then it was permitted for the Messenger of Allah (peace and blessings be upon him) for an hour of the day, then it was forbidden. We have previously discussed the disagreement on this, and that some scholars hold that it was not forbidden twice, but rather a temporary dispensation was granted for the need, otherwise the original ruling, which is prohibition, remains.
Scholars differed regarding temporary marriage: was it forbidden twice or once? Some scholars said: it was forbidden once, and some said: rather, it was forbidden twice. Those who said it was forbidden twice cited this hadith as evidence:Bulugh al-Maram 8:33.
In the year of Autas, Allah's Messenger (ﷺ) permitted Mut'a (temporary marriage) for three nights, then he prohibited (afterwards).
رخص رسول الله صلى الله عليه وسلم عام أوطاسٍ في المتعة ثلاثة أيام، ثم نهى عنهاThe year of Autas is the year of the conquest of Ta'if, which is at the same time the year of the conquest of Makkah. So sometimes it is referred to as the year of the conquest of Makkah, because it is more famous and greater, and sometimes it is referred to as the Battle of Autas or the year of Autas. It is referred to as the year of Autas, as in this hadith, because the year is twelve months. If the conquest of Makkah was in Ramadan and the Battle of Autas was in Dhul-Qa'dah, is the year one or two?
The student: One.
The Shaykh : One. So sometimes it is referred to as the year of the Conquest and sometimes as the year of Autas. Therefore, this hadith does not contradict what is authentic, because he prohibited it in the year of the conquest of Makkah, which does not contradict it, because the time is the same. Yes, a dispensation was granted for temporary marriage in the year of Autas.
And his saying:
He granted a dispensation in the year of Autas.
رخص عام أوطاسThe student: Twice.
The Shaykh : Twice, first, then it was permitted, then it was forbidden. And this resembles what passed by us recently regarding the prohibition of?
The student: Makkah.
The Shaykh : Makkah, where many scholars said: that it was forbidden, then it was permitted for the Messenger of Allah (peace and blessings be upon him) for an hour of the day, then it was forbidden. We have previously discussed the disagreement on this, and that some scholars hold that it was not forbidden twice, but rather a temporary dispensation was granted for the need, otherwise the original ruling, which is prohibition, remains.
Scholars differed regarding temporary marriage: was it forbidden twice or once? Some scholars said: it was forbidden once, and some said: rather, it was forbidden twice. Those who said it was forbidden twice cited this hadith as evidence: