Sharh as-Sunnah : Lesson 54: Point 96
Shaykh Fawzan | Dawud Burbank [Audio|English]
Imaam Barbahaaree rahimahullaah said:
And know that temporary marriage of convenience (al-Mut`ah) and marrying a woman merely to make her lawful for her previous husband (al-Istihlaal) are forbidden till the Day of Resurrection.
Shaykh Fawzan’s Explanation:
This is a matter of fiqh (jurisprudence). However, he brought it here because it has a connection to `aqeedah (creed and belief). Because al-Mut`ah (temporary marriage of convenience) is to declare as lawful something which Allaah, the Mighty and Majestic, has made forbidden. And what this term al-Mut`ah (temporary marriage of convenience) means; to marry a woman for a certain set period whether it be long or short and after it, then the marriage ends automatically and does not require divorce.
Mut`ah; this temporary marriage, it used to be permissible at the beginning of Islaam and then the Prophet sallAllaahu `alayhi wa sallam forbade it at the Battle of Khaybar.[1] Then he permitted it on the day of the Conquest of Makkah. Then he forbade it forever.[2]
So to begin with, it was lawful then it was made forbidden. Then it was permitted then it was forbidden forever. And the Muslims are united in consensus (Ijmaa`) that it is forbidden and that it is nikaahun baatil (baseless marriage). And there is consensus of this nation that it is forbidden, no-one disagrees with regard to that except for the Raafidah Ja`firee Shee`ah. They are the ones who contradict with regard to it. And their differing is not counted and has no value. So there is consensus (Ijmaa`) and text to show that temporary marriage of convenience (al-Mut`ah) is forbidden. It is a futile marriage and it has the ruling of zinaa (fornication).
His saying, “al-Mut`ah tan-nisaa,” Why did Imaam al-Barbahaaree say Mut`ah, meaning Mut’ah of the women, excluding by that Mut`ah of Hajj, which is that a person does Tamattu`, performing `Umrah and then performing Hajj. This is not what is meant here, for Hajj Tamattu` is what was supported by the majority of the People of Knowledge and no-one disagrees with regard to it except a small number but as for Mut`ah of the women meaning temporary marriage, then it’s forbidden by consensus, no-one disagrees about it from those whom disagreement is counted. Whereas, Mut’ah in Hajj is a matter of fiqh but as for Mut’ah, which is temporary marriage, then it is a matter, which has a connection to aqeedah (creed and belief) because it is making permissible that which Allaah, the Perfect and Most High, has made forbidden.
Footnotes:
[1] The Battle of Khaybar, the well-known battle against the Jews of Khaybar in the 7th year of Hijrah.
Al-Bukhaariyy reported in his saheeh (4,261) and also reported by Muslim in his saheeh (1,407) from Aliyy radiyAllaahu `anhu who said Allaah’s Messenger sallAllaahu `alayhi wa sallam forbade temporary marriage to the women on the day of Khaybar and he forbade eating the meat of domestic donkeys.
[2] Hadeeth for that reported by Muslim in his saheeh (1,406) from Sabrah al-Juhanee that, He was with Allaah’s Messenger sallAllaahu `alayhi wa sallam and he said:
“O people, I have permitted you to take pleasure from the women and Allaah has forbidden that now until the Day of Resurrection. So, whoever has something from them then let that go on its way and do not take from anything that you have given to them.”
And in one wording:
“Allaah’s Messenger sallAllaahu `alayhi wa sallam commanded us with al-Mut`ah (temporary marriage) in the year of the conquest when we entered Makkah then we did not depart from it until he had forbidden us from it.”
—
Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah
Transcribed by Saima Zaher.
Posted with kind permission from Dawud Burbank rahimahullaah
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