Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه مسلم، النكاح، باب نكاح المتعة....، حديث:1405.»©Explanation:
It should be known that mut‘ah (temporary marriage) was prohibited twice and permitted twice. Thus, it was lawful before the Battle of Khaybar, then it was prohibited at the time of the Battle of Khaybar, then it was permitted again at the time of the Conquest of Makkah.
The year of the Battle of Awtas is also the same.
After that, it was made prohibited forever.
This is the statement of Imam Nawawi rahimahullah, whereas Ibn al-Qayyim rahimahullah says that mut‘ah was not prohibited at the time of the Battle of Khaybar, rather its prohibition occurred in the year of the Conquest of Makkah, and this is the correct opinion.
And a group among the scholars holds the view that mut‘ah was prohibited at Khaybar, then made lawful, then prohibited again.
And they have deduced this from the narration of Ali ibn Abi Talib radi Allahu anhu which is reported in the two Sahihs (which will be mentioned ahead).
Imam Shafi‘i rahimahullah says: I have not seen anything except mut‘ah which was prohibited, then made lawful, then prohibited again.
This group of scholars says that mut‘ah was abrogated twice.
However, some other people have opposed this view.
They believe that mut‘ah was only prohibited in the year of the Conquest of Makkah, and before that it was lawful and permissible.
And they say that Ali ibn Abi Talib radi Allahu anhu mentioned the prohibition of mut‘ah and the prohibition of domesticated donkey together because Ibn Abbas radi Allahu anhuma considered both of them to be lawful and permissible.
Ali radi Allahu anhu, in refutation of Ibn Abbas radi Allahu anhuma, narrated from the Prophet sallallahu alayhi wa sallam the prohibition of both.
And since the prohibition of the domesticated donkey occurred on the day of Khaybar, he mentioned the day of Khaybar as the occasion for its prohibition, and he mentioned the prohibition of mut‘ah in absolute terms, without restricting it to any time or period. As is narrated in Musnad Ahmad with a sound chain that the Messenger of Allah sallallahu alayhi wa sallam, on the day of Khaybar, prohibited the meat of domesticated donkeys and also prohibited mut‘ah with women.
And in another narration, the wording is that he prohibited mut‘ah with women and prohibited eating the meat of domesticated donkeys on the day of Khaybar.
Imam Sufyan ibn ‘Uyaynah has also mentioned the prohibition of both in detail, separately.
Some narrators thought that both were prohibited on the day of Khaybar, so they restricted both to the day of Khaybar.
Then some narrators limited it to one of the two, i.e., the prohibition of the donkey, and restricted only that to the day of Khaybar; thus, the confusion arose from here.
As for the incident of Khaybar, during this expedition, the noble Companions radi Allahu anhum did not contract mut‘ah with Jewish women.
Nor did they seek permission from the Messenger of Allah sallallahu alayhi wa sallam regarding it.
Nor has anyone ever reported it occurring in this expedition.
Nor is there any (definitive) mention of the act of mut‘ah or its prohibition in this expedition.
Unlike the Conquest of Makkah, for at the time of the Conquest of Makkah, the occurrence of mut‘ah and its prohibition is well-known.
In reconciling the narrations, the latter of the two aforementioned scenarios is the most correct.
(Zad al-Ma‘ad 3/343-345 summarized) And Allamah Khattabi rahimahullah has said that there is, as it were, consensus of the Muslims on the prohibition of mut‘ah.
And except for some of the Rawafid, no one in the Muslim Ummah opposes this consensus.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 848