سنن ابن ماجه
Ibn Majah
كتاب النكاحThe Chapters on Marriage
بَابُ : النَّهْيِ عَنْ نِكَاحِ الْمُتْعَةِChapter: Prohibition of temporary marriage (Mut`ah)
Hadith 1963
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ خَلَفٍ الْعَسْقَلَانِيُّ ، حَدَّثَنَا الْفِرْيَابِيُّ ، عَنْ أَبَانَ بْنِ أَبِي حَازِمٍ ، عَنْ أَبِي بَكْرِ بْنِ حَفْصٍ ، عَنْ ابْنِ عُمَرَ ، قَالَ : لَمَّا وَلِيَ عُمَرُ بْنُ الْخَطَّابِ خَطَبَ النَّاسَ ، فَقَالَ : " إِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَذِنَ لَنَا فِي الْمُتْعَةِ ثَلَاثًا ، ثُمَّ حَرَّمَهَا ، وَاللَّهِ لَا أَعْلَمُ أَحَدًا تَمَتَّعَ وَهُوَ مُحْصَنٌ إِلَّا رَجَمْتُهُ بِالْحِجَارَةِ ، إِلَّا أَنْ يَأْتِيَنِي بِأَرْبَعَةٍ يَشْهَدُونَ أَنَّ رَسُولَ اللَّهِ أَحَلَّهَا بَعْدَ إِذْ حَرَّمَهَا " .
´It was narrated that Ibn 'Umar said:` "When 'Umar bin Khattab was appointed caliph, he addressed the people and said: 'The Messenger of Allah permitted temporary marriage for us three times, then he forbade it. By Allah, If I hear of any married person entering a temporary marriage, I will stone him to death, unless he can bring me four witnesses who will testify that the Messenger of Allah, allowed it after he forbade it'."
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
Umar (radi Allahu anhu) did not deny that at one time mut‘ah was permissible; rather, he clarified that the final decision of the Messenger of Allah (sallallahu alayhi wa sallam) was that mut‘ah is prohibited.
➋
If a scholar becomes certain that his position on an issue was incorrect, he should retract it.
➌
No one testified before Umar (radi Allahu anhu) that the final ruling was one of permissibility.
It is as if the unanimous position of the Companions was that mut‘ah is not permissible.
After this, the statement of any single Companion is not actionable.
➍
The marriages that were considered permissible in the time of ignorance (jahiliyyah) but were prohibited in Islam have no legal (shar‘i) status.
Now, if anyone enters into such a marriage, it will not be considered a marriage but rather fornication, and he will be declared a criminal and the prescribed punishment (hadd) will be applied to him.
➊
Umar (radi Allahu anhu) did not deny that at one time mut‘ah was permissible; rather, he clarified that the final decision of the Messenger of Allah (sallallahu alayhi wa sallam) was that mut‘ah is prohibited.
➋
If a scholar becomes certain that his position on an issue was incorrect, he should retract it.
➌
No one testified before Umar (radi Allahu anhu) that the final ruling was one of permissibility.
It is as if the unanimous position of the Companions was that mut‘ah is not permissible.
After this, the statement of any single Companion is not actionable.
➍
The marriages that were considered permissible in the time of ignorance (jahiliyyah) but were prohibited in Islam have no legal (shar‘i) status.
Now, if anyone enters into such a marriage, it will not be considered a marriage but rather fornication, and he will be declared a criminal and the prescribed punishment (hadd) will be applied to him.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 1963
