Nasai

(1) Mut‘ah refers to that marriage which is contracted for a fixed period—whether it be hours, days, or years. And this marriage automatically terminates upon the expiry of the period; there is no need for divorce. If the husband dies during the period, the woman does not inherit from him, nor is she required to observe the waiting period (‘iddah). In other words, none of the rulings of marriage apply except for sexual intercourse; therefore, this is not a valid (shar‘i) marriage. Rather, it was one of the unlawful marriages of the Age of Ignorance (Jahiliyyah). In the early days of Islam, it was not immediately addressed, but later (on the occasion of the conquest of Makkah), it was made permanently unlawful, and now it is forbidden until the Day of Resurrection. Such a marriage is invalid, and if it is continued, it is tantamount to fornication (zina). The Shia consider it permissible, but their “first Imam,” ‘Ali radi Allahu anhu, called those who deem it permissible as misguided from the right path.

(2) “A man”—by this is meant Ibn ‘Abbas radi Allahu anhu. He considered mut‘ah permissible in cases of necessity and compulsion, whereas the other Companions regarded it as absolutely and eternally forbidden. And this is the correct view.

(3) There is some discussion regarding whether Ibn ‘Abbas radi Allahu anhu retracted from the permissibility of mut‘ah to its prohibition, but in reality, no retraction is established. For details, see: (Irwa’ al-Ghalil: 6/316–319).

(4) “Domestic donkey”—the wild donkey is lawful, which is in fact a type of cow. It is called a wild donkey only because its feet resemble those of a donkey, otherwise, in reality, it is a wild cow and is lawful.

(5) Some major and eminent Companions remained unaware of certain important issues, just as this issue remained hidden from Ibn ‘Abbas radi Allahu anhu. The followers of taqlid (blind adherence) should take a lesson from this: if some important matters remained hidden from the eminent Companions, how could this not happen with the great Imams? Therefore, instead of adhering to the Imams, one should make the Qur’an and Hadith one’s constant guide. And when it becomes clear that the fatwa of an Imam is contrary to a verse of the Qur’an or a hadith, then it should be abandoned, and that verse or hadith should be acted upon, and the Imam should be excused, thinking perhaps he was unaware of this issue. One should not persist in following his opinion and say that the Imam must have had some evidence for it, that is why he gave this fatwa.