Question:
What is the meaning of the verse فما استمتعتم به منهن فآتوهن أجورهن فريضة?
Answer:
❀ The Divine Command is:
فما استمتعتم به منهن فآتوهن أجورهن فريضة
“Those women from whom you benefit, give them their due Mahr (dower).”
❀ Imam Tabari, may Allah have mercy on him
, says:
The correct interpretation of this verse is: The women whom you have married and also chosen seclusion with, give them their Mahr. The reason this interpretation is correct is that it is proven by evidence that the Mut’ah al-Nisa (temporary marriage) declared forbidden by Allah through His Messenger is different from a valid marriage.
❀ Ibn Khawiz Mandad Basri, may Allah have mercy on him
, says:
It is not permissible to derive the permissibility of Mut’ah from this noble verse, because firstly, the Messenger of Allah, peace be upon him, forbade Mut’ah marriage and declared it forbidden, and secondly, Allah said (in the next verse): ﴿فانكحوهن بإذن أهلهن ﴾ (“Marry women with the permission of their guardians”), and it is well known that the permission of the woman’s guardians, i.e., the presence of a guardian and two witnesses during the marriage, is a Shariah-valid marriage, which is not the case with Mut’ah marriage.”
❀ Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him
, says:
There is no evidence in this noble verse for the permissibility of Mut’ah. Allah Almighty said:
وأحل لكم ما وراء ذلكم أن تبتغوا بأموالكم فآتوهن محصنين غير مسافحين فما استمتعتم به منهن أجورهن فريضة ولا جناح عليكم فيما تراضيتم به من بعد الفريضة إن الله كان عليما حكيما، ومن لم يستطع منكم طولا أن ينكح المحصنات المؤمنات
“And those (women) besides those whom your right hands possess (i.e., slaves) are lawful for you, so that you may seek them with your wealth (Mahr), desiring chastity, not fornication. And give the women their due Mahr, and if you agree to reduce it after it has been fixed, then there is no sin upon you. Indeed, Allah is ever Knowing and Wise.” And whoever does not have the ability to marry free believing women, here the phrase “those women from whom you benefit” refers to women with whom intercourse has taken place. The one who has intercourse with a woman after marriage is commanded to give her the due Mahr. If a woman is divorced before intercourse and the husband has not benefited from intercourse, she is not entitled to the full Mahr but half of it, as Allah’s command is: وكيف تأخذونه وقد أفضى بعضكم إلى بعض وأخذن منكم ميثاقا غليظا “And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?” This verse also makes intercourse after marriage a reason for the obligation of paying the due Mahr. The clarification is that this verse does not specify temporary marriage in exchange for wealth, but rather eternal marriage is more deserving of full Mahr payment. It is necessary that this verse refers to eternal marriage. This indication may be by specification or generality. The evidence is that after this, the marriage of slaves is mentioned. This shows that the statement was absolutely about the marriage of free women. If it is said that a group of the Salaf recited: فما استمتعتم به منهن إلى أجل مسمى “Those women among you from whom you benefit for a specified period,” the answer is that this recitation is not mutawatir (mass-transmitted), but at most has the status of solitary reports. We do not deny that Mut’ah was permissible at the beginning of Islam, but the question is whether the Quran indicates this or not? Another possibility is that although these words were revealed, they are not established in the famous recitations, so they are abrogated. Their revelation must have been when Mut’ah was still permissible. When Mut’ah was declared forbidden, these words were abrogated, and the command to pay Mahr in temporary marriage remained as a warning for the payment of Mahr in permanent marriage. At most, it can be said that both recitations are correct. When temporary marriage, i.e., Mut’ah, was permissible, paying Mahr was obligatory. This was permissible at the beginning of Islam, so there is nothing in this verse that indicates that temporary marriage, i.e., Mut’ah, is still permissible. Allah Almighty did not say that temporary marriage with women for a specified time is lawful for you, but rather the command is that those women from whom you have benefited, give them their due Mahr. Whether benefiting from a woman is lawful or doubtful, this verse includes both types of benefit. This is why the Sunnah of the Prophet and the consensus of the Ummah both prove that Mahr is obligatory in an invalid marriage. Whoever benefits from this act thinking it lawful, Mahr is obligatory upon him. As for forbidden Mut’ah, it is not mentioned in this verse. If someone benefits from a woman without marriage and with her consent, it is fornication, and there is no Mahr in it. If the woman is forced, there is a difference of opinion. It is mentioned that Sayyiduna Umar, may Allah be pleased with him, forbade Mut’ah, but it is established from the Prophet, peace be upon him, that he initially permitted Mut’ah with women but later forbade it. This is narrated in Sahih Bukhari and Sahih Muslim and others by trustworthy narrators from Imam Zahri, who narrated it from the two sons of Muhammad ibn Hanfiyyah, Abdullah and Hasan, who narrated it from their father, who narrated it from Sayyiduna Ali ibn Abi Talib, may Allah be pleased with him, who said that when Sayyiduna Ibn Abbas declared Mut’ah lawful, Sayyiduna Ali said to him: You have deviated from the path of truth in this matter because the Messenger of Allah, peace be upon him, forbade Mut’ah and donkey meat in the year of Khaibar. Imam Zahri’s narration was reported by Imam Malik ibn Anas, Imam Sufyan ibn Uyaynah, and others, who were the greatest scholars of Sunnah, Hadith memorization, and Imams of Islam in their time. There is consensus among the Muhaddithin on the authenticity and acceptance of this Hadith. None of the scholars have criticized it. Similarly, it is established in Sahih Bukhari that the Prophet, peace be upon him, forbade Mut’ah in the year of the conquest of Mecca until the Day of Judgment. Thus, Ahl al-Sunnah wa al-Jama’ah followed Sayyiduna Ali and other rightly guided Caliphs in this matter as narrated from the Prophet, peace be upon him, while the Shia opposed Sayyiduna Ali’s statement and accepted the opposite. Furthermore, Allah Almighty has declared wives and slaves lawful in His Book, while the woman with whom Mut’ah is contracted is neither a wife nor a slave. If she were a wife, she would be entitled to inheritance, the waiting period (‘iddah) would be obligatory upon her due to the husband’s death, and three divorces would apply to her, as these are the rulings for wives in the Quran. Since the conditions of marriage are not present in the Mut’ah woman, it is understood that no valid marriage took place, because when the necessary conditions end, the consequences also end. Allah Almighty has declared wives and slaves lawful and other women forbidden. The Divine command is: ﴿ والذين هم لفروجهم حافظون ﴾ ، ﴿إلا على أزواجهم أو ما ملكت أيمانهم فإنهم غير ملومين ﴾ ﴿فمن ابتغى وراء ذلك فأولئك هم العادون﴾ “The believers protect their private parts except from their wives and those their right hands possess, for indeed, they are not to be blamed.” But those who seek to fulfill desires by other means are transgressors. After Mut’ah was declared forbidden, the woman with whom Mut’ah is contracted is neither a wife nor a slave, so Mut’ah is declared forbidden by the clear text of the Quran. The fact that the Mut’ah woman is not a slave and lacks the necessary conditions of marriage means she is not a wife, because inheritance rights, obligatory waiting period, the effect of three divorces, and entitlement to half Mahr if divorced before intercourse are all conditions of marriage. If it is said that sometimes wives do not inherit, such as dhimmi women and slaves, it can be said that marriage with dhimmi women is not permissible according to them, and marriage with slaves is permissible only when necessary, but Mut’ah is absolutely permissible according to them. Then it will be said that marriage with dhimmi women and slaves entitles inheritance, but here there is an obstacle, i.e., slavery and disbelief, just as lineage also entitles inheritance but if a son is a slave or disbeliever, an obstacle arises. This is why when a son becomes free or Muslim during the father’s lifetime, he becomes the heir. Similarly, when a dhimmi wife becomes Muslim during her husband’s lifetime, there is consensus among Muslims that she becomes an heir. This entire situation is different from the Mut’ah woman because her marriage (Mut’ah) does not entitle inheritance. She can never be an heir. This marriage is like the child born out of wedlock on her husband’s bed. Such a child cannot be attributed to the adulterer. He will not be a son who can inherit from her. If it is said that sometimes the rules of lineage change, the same applies to marriage. It can be said that there is a difference of opinion and the majority accept it, but there is no evidence for the Shia because all the conditions of being a wife are absent in the Mut’ah woman. There is no characteristic of a lawful marriage in her.
