Explanation of the Book of Marriage-07
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The Shaykh :"And from 'Ali (may Allah be pleased with him), who said: Bulugh al-Maram 8:34 Agreed upon by al-Bukhari and Muslim".
And the year of Khaybar was before the year of Autas, because Khaybar was in the sixth year and Autas was in the eighth year, so it was before. Thus, it was prohibited in the year of Khaybar, then it was permitted in the year of Autas for three days, then it was prohibited. This is the position of many scholars, but some scholars said: It was not prohibited except once, in the year of the Conquest only, and that the hadith of 'Ali:Bulugh al-Maram 8:34 contained another wording: Ibn al-Qayyim held this view in *Zad al-Ma'ad*.
Before we investigate when it was prohibited, we investigate what temporary marriage is?
Temporary marriage is: temporary marriage, marriage for a set period. This temporary marriage is like saying: Marry me to your daughter for one month. For example, a person arrives in a country and wants to marry, but he does not want to marry with an absolute marriage, so he asks the woman's guardian to marry him for one month, and he agrees to that. We say: This is temporary marriage. Why is it called temporary marriage? Because the intention is only enjoyment. The intention is not to make her a wife to reside with, to bear him children, to be his partner in life, and to share in his inheritance after his death. No, he wants to enjoy her, exactly like a borrowed goat, only. Then when the temporary period ends, the marriage is dissolved. If he said: I want the wife, people, I desired her, keep her with me. They said: No, the period between us was one month, it has ended. You have no choice now at all. And there is no waiting period in it either, only a period of purification, so that lineages do not become mixed, because it is not a marriage contract, only a temporary marriage contract. Therefore, there is no financial maintenance in it, and the wife has no share in it, and there is no limited number. A person, if he has physical and financial capability and arrives in a country with many women, can he marry one hundred women by temporary marriage? Because there is no number, since it is not a marriage, and the rulings of marriage are not established for it, even the children are not attributed to the man, except with a condition, otherwise they are children of fornication. This is temporary marriage. But it was originally lawful, based on the fact that if Islamic legislation is silent about the rulings of the pre-Islamic age of ignorance, they remain as they are. Then it was prohibited. The Prophet (peace and blessings be upon him) prohibited it in the year of the Conquest, by consensus. The year of the Conquest was the last thing. But was it lawful before, then prohibited in Khaybar, then permitted in the year of the Conquest, then prohibited? This is the point of dispute. And in any case, temporary marriage was prohibited until the Day of Resurrection, as in the hadith of Subayr ibn Mawdhab al-Juhani, that the Prophet (peace and blessings be upon him) said in the year of the Conquest: Then he said: Sunan Abi Dawud 2017Sahih (Al-Albani) So the matter is now concluded. The matter of temporary marriage is concluded, and it became forbidden until the Day of Resurrection.
As for the scholars, they differed on the ruling of this issue. Ibn 'Abbas (may Allah be pleased with him) held the view that temporary marriage is lawful, the lawfulness of temporary marriage. His cousin 'Ali ibn Abi Talib debated him on this thoroughly until he said to him: You are a man who is lost. 'Ali said this to Ibn 'Abbas and explained to him that the Prophet (peace and blessings be upon him) prohibited it and emphasized this to Ibn 'Abbas. Then, the narrators differed regarding Ibn 'Abbas (may Allah be pleased with them both): did he permit it for dire necessity or absolutely? The famous view, and the one held by the meticulous scholars, is that he permitted it for dire necessity. That is, if a person is in a country and is compelled to it and fears zina, then there is no harm. But when he saw the people expanding in this matter and everyone claiming dire necessity, he retracted his fatwa and agreed with the majority. As for the scholars after them, the famous view among the Shi'ah is that they permit it, they permit temporary marriage and allow it. And the wonder is that they claim the infallibility of 'Ali ibn Abi Talib (may Allah be pleased with him) and that he is their imam, yet they contradict him in this issue. He denied it strongly, even against his cousin, and described him as lost from the truth. And yet they contradict him, as they contradicted him in wiping over leather socks. He is the one who narrated the time limit from the Messenger of Allah (peace and blessings be upon him) in wiping over leather socks. And they say: It is not permissible to wipe over leather socks. But the scholars of the ummah and its imams prohibited temporary marriage and said: It is lawful.
The student: It is forbidden.
The Shaykh : Yes, and they said it is forbidden. Some later scholars of the Shi'ah denied temporary marriage and said, in truth, that it is a crime against women. Women become like sheep that are mounted by goats. And if a man ruins a woman by enjoying her temporarily, would anyone desire to marry her after? No, no one would desire to marry her after. So women are ruined and offspring are lost, and the people become like livestock, like a people of livestock. That is, some of the rationalists among the contemporary Shi'ah denied this and said: This is not permissible, and the correct view is with those who prohibit it.
In any case: All the famous imams of the Muslims prohibit temporary marriage. And whoever permitted it, like Ibn 'Abbas, only permitted it in dire necessity, with the condition that no harm results from expanding in it. If harm results from expanding in it, it is prohibited, like other permissible things.
Now, if someone says: What is the wisdom in prohibiting temporary marriage?
The student: ...
The Shaykh : Yes.
The student: ...
The Shaykh : Now, we look at the wisdom first: That Allah made marriage a place of residence and tranquility between the spouses. He said, the Exalted:[Ar-Rum 30:21] This is one of the greatest purposes of marriage, and it is missing in temporary marriage. Because the man himself feels that he only wanted to attain desire, and the woman feels that she is only a woman hired for temporary enjoyment, and she does not feel residence, affection, or mercy. Therefore, you find that the one who enjoys temporarily, if he does not like this woman, goes to seek another woman, and perhaps he takes ten women by temporary marriage before the sun sets.
Allah's Messenger (ﷺ) forbade Mut'a (temporary marriage) in the year of Khaibar
ونهى رسول الله صلى الله عليه وسلم عن المتعة عام خيبرAnd the year of Khaybar was before the year of Autas, because Khaybar was in the sixth year and Autas was in the eighth year, so it was before. Thus, it was prohibited in the year of Khaybar, then it was permitted in the year of Autas for three days, then it was prohibited. This is the position of many scholars, but some scholars said: It was not prohibited except once, in the year of the Conquest only, and that the hadith of 'Ali:
forbade Mut'a (temporary marriage) in the year of Khaibar
نهى عن المتعة عام خيبرHe prohibited temporary marriage in the year of Khaybar, and the meat of domesticated donkeys
نهى عن المتعة عام خيبر، وعن لحوم الحمر الأهليةBefore we investigate when it was prohibited, we investigate what temporary marriage is?
Temporary marriage is: temporary marriage, marriage for a set period. This temporary marriage is like saying: Marry me to your daughter for one month. For example, a person arrives in a country and wants to marry, but he does not want to marry with an absolute marriage, so he asks the woman's guardian to marry him for one month, and he agrees to that. We say: This is temporary marriage. Why is it called temporary marriage? Because the intention is only enjoyment. The intention is not to make her a wife to reside with, to bear him children, to be his partner in life, and to share in his inheritance after his death. No, he wants to enjoy her, exactly like a borrowed goat, only. Then when the temporary period ends, the marriage is dissolved. If he said: I want the wife, people, I desired her, keep her with me. They said: No, the period between us was one month, it has ended. You have no choice now at all. And there is no waiting period in it either, only a period of purification, so that lineages do not become mixed, because it is not a marriage contract, only a temporary marriage contract. Therefore, there is no financial maintenance in it, and the wife has no share in it, and there is no limited number. A person, if he has physical and financial capability and arrives in a country with many women, can he marry one hundred women by temporary marriage? Because there is no number, since it is not a marriage, and the rulings of marriage are not established for it, even the children are not attributed to the man, except with a condition, otherwise they are children of fornication. This is temporary marriage. But it was originally lawful, based on the fact that if Islamic legislation is silent about the rulings of the pre-Islamic age of ignorance, they remain as they are. Then it was prohibited. The Prophet (peace and blessings be upon him) prohibited it in the year of the Conquest, by consensus. The year of the Conquest was the last thing. But was it lawful before, then prohibited in Khaybar, then permitted in the year of the Conquest, then prohibited? This is the point of dispute. And in any case, temporary marriage was prohibited until the Day of Resurrection, as in the hadith of Subayr ibn Mawdhab al-Juhani, that the Prophet (peace and blessings be upon him) said in the year of the Conquest:
Whoever among you has enjoyed, let him give her what he enjoyed with, and whoever has not, let him let her go
من كان منكم استمتع فليعطها ما استمتع به، ومن لم يكن كذلك فليخل سبيلهاit will remain sacred till the Day of Resurrection
إن ذلك حرام إلى يوم القيامةAs for the scholars, they differed on the ruling of this issue. Ibn 'Abbas (may Allah be pleased with him) held the view that temporary marriage is lawful, the lawfulness of temporary marriage. His cousin 'Ali ibn Abi Talib debated him on this thoroughly until he said to him: You are a man who is lost. 'Ali said this to Ibn 'Abbas and explained to him that the Prophet (peace and blessings be upon him) prohibited it and emphasized this to Ibn 'Abbas. Then, the narrators differed regarding Ibn 'Abbas (may Allah be pleased with them both): did he permit it for dire necessity or absolutely? The famous view, and the one held by the meticulous scholars, is that he permitted it for dire necessity. That is, if a person is in a country and is compelled to it and fears zina, then there is no harm. But when he saw the people expanding in this matter and everyone claiming dire necessity, he retracted his fatwa and agreed with the majority. As for the scholars after them, the famous view among the Shi'ah is that they permit it, they permit temporary marriage and allow it. And the wonder is that they claim the infallibility of 'Ali ibn Abi Talib (may Allah be pleased with him) and that he is their imam, yet they contradict him in this issue. He denied it strongly, even against his cousin, and described him as lost from the truth. And yet they contradict him, as they contradicted him in wiping over leather socks. He is the one who narrated the time limit from the Messenger of Allah (peace and blessings be upon him) in wiping over leather socks. And they say: It is not permissible to wipe over leather socks. But the scholars of the ummah and its imams prohibited temporary marriage and said: It is lawful.
The student: It is forbidden.
The Shaykh : Yes, and they said it is forbidden. Some later scholars of the Shi'ah denied temporary marriage and said, in truth, that it is a crime against women. Women become like sheep that are mounted by goats. And if a man ruins a woman by enjoying her temporarily, would anyone desire to marry her after? No, no one would desire to marry her after. So women are ruined and offspring are lost, and the people become like livestock, like a people of livestock. That is, some of the rationalists among the contemporary Shi'ah denied this and said: This is not permissible, and the correct view is with those who prohibit it.
In any case: All the famous imams of the Muslims prohibit temporary marriage. And whoever permitted it, like Ibn 'Abbas, only permitted it in dire necessity, with the condition that no harm results from expanding in it. If harm results from expanding in it, it is prohibited, like other permissible things.
Now, if someone says: What is the wisdom in prohibiting temporary marriage?
The student: ...
The Shaykh : Yes.
The student: ...
The Shaykh : Now, we look at the wisdom first: That Allah made marriage a place of residence and tranquility between the spouses. He said, the Exalted: