Maulana Dawood Raz
Hadith Commentary:
This refers to the period before the prohibition; afterwards, mut‘ah was declared unlawful for every person in every circumstance, and it is forbidden until the Day of Resurrection.
The prohibition and permissibility occurred twice: it was permissible before Khaybar, then it was prohibited on the day of Khaybar, then it was permitted on the day of Autas, then after three days it was prohibited again, a permanent prohibition until the Day of Resurrection, and the prohibition remained as is found in the narration of Muslim from Sabrah al-Juhani, who was with the Messenger of Allah (sallallahu alayhi wa sallam). He said: “O people! I had permitted you to benefit from women (mut‘ah), but indeed Allah has forbidden that until the Day of Resurrection. So whoever has any of them with him, let him release her.” Perhaps Ali (radi Allahu anhu) was not informed of the permissibility on the day of Autas due to its brevity, as Muslim narrated: “The Messenger of Allah (sallallahu alayhi wa sallam) permitted mut‘ah for three days during the year of Autas, then forbade it.” (Bukhari Commentary)
That is, the prohibition and permissibility of mut‘ah occurred twice: before Khaybar, mut‘ah was lawful, then at Khaybar it was declared unlawful, then during the battle of Autas it was made lawful, then after three days it was made permanently unlawful until the Day of Resurrection, and this prohibition is perpetual. As is found in the narration of Sabrah, the Messenger of Allah (sallallahu alayhi wa sallam) said: “O people! I had permitted you mut‘ah, but now Allah has forbidden it until the Day of Resurrection. So whoever has a woman in mut‘ah, let him release her immediately.” Thus, perhaps Ali (radi Allahu anhu) was not aware of the permissibility and subsequent prohibition on the day of Autas, because this permissibility lasted only three days, after which the absolute prohibition was announced.
Now, mut‘ah is not lawful in any circumstance until the Day of Resurrection. Some modernists today, in order to display their modernist tendencies, make some sophistries regarding the prohibition of mut‘ah, which are nothing but falsehoods.
Except for the Shia, all groups of Ahl al-Sunnah wa’l-Jama‘ah are agreed that, regardless of any circumstance that may arise, mut‘ah has been declared unlawful forever and in every situation; there is absolutely no allowance for its permissibility.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5116
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Hazrat Sa'id bin Jubayr rahimahullah narrates that he said to Hazrat Ibn Abbas radi Allahu anhuma:
"Your fatwa has become very famous and poets have even started composing poetry about it." So he replied:
"I did not give such a fatwa; rather, it was in a case of necessity, that is, in a state of compulsion, just as eating carrion or the flesh of swine is permissible in a state of necessity.
I adopted a lenient stance regarding such severe circumstances.
In my view, Nikah Mut'ah is haram (forbidden).
(Al-Sunan al-Kubra lil-Bayhaqi: 205/7) (2)
It is also evident from the presented narration that the Messenger of Allah sallallahu alayhi wa sallam granted the concession of Mut'ah in a state of necessity, which is why Hazrat Ibn Abbas radi Allahu anhuma said "Yes" and then remained silent and did not give any answer to the slave.
From this, it is understood that he had retracted his earlier fatwa.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5116