Nasai

Hadith Commentary:
There is consensus (ijma‘) of the Ummah regarding the prohibition of mut‘ah, but the Shi‘a maintain its permissibility and rely on some rare reports as evidence.
Some people also accuse Imam Ibn Hazm (rahimahullah) in this matter, whereas Hafiz (Ibn Hajar) has clearly written: “And Ibn Hazm, despite this, acknowledged its prohibition due to the established statement of the Prophet (sallallahu alayhi wa sallam) that it is forbidden until the Day of Resurrection. He said: ‘So we have faith in this statement, and Allah knows best.’” (Fath al-Bari, Volume: 21, p. 63)
That is, despite this, Imam Ibn Hazm (rahimahullah) has affirmed the prohibition of mut‘ah, because it is authentic that the Messenger of Allah (sallallahu alayhi wa sallam) declared it forbidden until the Day of Resurrection. Thus, our faith is upon this Prophetic command.

Hadith Commentary:
(1)
It is narrated from al-Bara’ ibn ‘Azib radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam, on the occasion of the Battle of Khaybar, commanded us to throw away the meat of domestic donkeys, whether raw or cooked. Thereafter, he sallallahu alayhi wa sallam never permitted us to eat it.
(Sahih al-Bukhari, al-Maghazi, Hadith: 4226)
(2)
Its clear implication is that the meat of domestic donkeys is not permissible under any circumstance.

Hadith Commentary:
(1)
Initially, temporary marriage (nikah mut‘ah) was lawful and permissible, as is narrated from Abdullah ibn Mas‘ud radi Allahu anhu. He said:
We used to participate in jihad alongside the Messenger of Allah sallallahu alayhi wa sallam, and our wives were not with us. Therefore, we said:
O Messenger of Allah! Should we not castrate ourselves? But he forbade us from taking such a step. Then he granted us a concession that we could contract marriage with a woman for a garment (or anything else) as a dowry. Then Abdullah ibn Mas‘ud radi Allahu anhu recited this verse:
“O you who believe! Do not make unlawful the good things which Allah has made lawful for you.” ()
In any case, temporary marriage (nikah mut‘ah) was initially lawful due to necessity, but afterwards it was made prohibited forever.
(Sahih al-Bukhari, Tafsir, Hadith: 4615)

Hadith Commentary:
Previously, temporary marriage (mut‘ah) was permissible, but from this day onward, mut‘ah has been declared prohibited until the Day of Resurrection.
The Rawafid (Rafidites) hold the view that mut‘ah is permissible, which is an entirely false notion.
In a principled religion like Islam, there is absolutely no room for an unlawful act such as mut‘ah.
According to some narrations, mut‘ah was prohibited during the Farewell Pilgrimage (Hajjat al-Wada‘), and its prohibition remains in effect until the Day of Resurrection.
When Umar (radi Allahu anhu) proclaimed its prohibition from the pulpit and the other Companions (radi Allahu anhum) remained silent, consensus (ijma‘) on its prohibition was thus established.

Hadith Commentary:
1.
Contracting marriage with a woman for a fixed period is called mut‘ah.
Initially, this marriage was permissible, then it was prohibited until the Day of Resurrection, as is evident from the aforementioned hadith. Furthermore, it is narrated from Salamah bin al-Akwa‘ radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam, on the occasion of the Battle of Awtas, permitted mut‘ah marriage for three days, then forbade it.
2.
It is narrated from Sabrah bin Ma‘bad al-Juhani radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said:
“I had permitted you to contract mut‘ah with women, but now Allah has forbidden it until the Day of Resurrection.”
(Musnad Ahmad: 4/55)
After the concession, the abrogation of mut‘ah marriage is reported at six different occasions.
These occasions are as follows: 1. Khaybar. 2. ‘Umrat al-Qada. 3. The conquest of Makkah. 4. The year of Awtas. 5. The expedition of Tabuk. 6. The Farewell Pilgrimage (Hajjat al-Wada‘).
2.
‘Allamah Nawawi rahimahullah writes that mut‘ah was made unlawful twice, and was made lawful twice as well. Thus, it was permissible before the Battle of Khaybar, then it was made unlawful at the time of Khaybar, then it was made permissible at the time of the conquest of Makkah; the general term “Awtas” also refers to this. After that, it was made unlawful forever.
(Musnad Ahmad: 3/405)
3.
There is consensus (ijma‘) of the Muslims on the hadith regarding mut‘ah, except that some Shia hold its permissibility and practice it.
And Allah knows best.

Hadith Commentary: Benefits and Issues: Ibn Abbas radi Allahu anhu held the view of the permissibility of mut‘ah with women and the consumption of domestic donkeys. Therefore, Ali radi Allahu anhu, in refuting him, mentioned both of these matters. According to the majority of the Companions, the Followers (Tabi‘in), and the jurists (fuqaha), domestic or tamed donkeys are forbidden (haram). Three opinions are transmitted from Imam Malik: (1) permissibility, (2) disliked in the sense of tanzih (makruh tanzihi), (3) prohibition (haram). In light of authentic ahadith, the opinion of prohibition is correct, and according to Allamah Ibn Abd al-Barr al-Maliki, there is no difference of opinion among Muslims today regarding its prohibition. (al-Mughni, vol. 13, p. 318)

Hadith Commentary: Benefits and Issues: ➊ The position of Ali radi Allahu anhu was that the Messenger of Allah sallallahu alayhi wa sallam prohibited temporary marriage (mut‘ah) with women on the occasion of the Battle of Khaybar, and that the temporary permission given at the time of the conquest of Makkah was an exceptional concession. No exceptional circumstance can serve as evidence or proof, and for this reason, the inferential view of Ibn Abbas radi Allahu anhu is not correct and he should refrain from it. Therefore, it was said: “You are wandering and astray from the right path.”

➋ In the era of ignorance (Jahiliyyah), there were two forms of temporary marriage (nikah mut‘ah): In one, for a small wage or compensation, a man and woman would, with mutual consent and without the permission of parents or witnesses, contract a temporary marriage for a few days, which was called nikah mut‘ah. In this, the one contracting mut‘ah did not intend to establish a household or to accept the consequences of pregnancy in case of conception, nor was he responsible for the woman’s maintenance (nafaqah). In this, the rulings of divorce (talaq), zihar, ila’, li‘an, inheritance, etc., did not apply. The second form was temporary marriage (nikah muwaqqat), in which, with the consent of the parents, a marriage was contracted for a long period with a fixed dower (mahr) for the purpose of establishing a household; in this, there were also witnesses and the possibility of divorce.

According to the four Imams (a’immah arba‘ah) and the majority of the Ummah, both forms are impermissible and forbidden. However, according to Imam Zufar, nikah muwaqqat is permissible; the condition of giving divorce at a fixed time is impermissible, and this marriage will be perpetual, and the fixed time will be void.

The real matter is that the Shari‘ah has prescribed marriage for certain aims and objectives; mere fulfillment of sexual desire and the discharge of fluid is not the objective. By natural disposition, man and woman are attracted to each other for the purpose of procreation, and for this, they are inclined to establish a household, in which they can live with peace and tranquility. For this very purpose, Allah Ta‘ala has placed love, affection, mercy, and compassion between husband and wife, and has made the woman a source of tranquility for the man. If human nature is not corrupted, a man does not tolerate that his wife be promiscuous, nor does any woman accept that her husband’s heart be attached to another and that he go about everywhere. For this reason, she does not even easily accept a co-wife.

The Islamic Shari‘ah, for a period, taking into account temporary circumstances and the customs and traditions of the people, did not impose a restriction on the practice of the era of ignorance, although it did not encourage it either. Therefore, it was only tolerated during military campaigns. But when conditions improved, the Muslim government became stable, and they became a dominant political force, then it was abolished, and at the time of the Battle of Khaybar, it was declared forbidden. Then, at the time of the conquest of Makkah, due to an extremely dire necessity, an exceptional case was allowed for only three days, and after that, it was declared forbidden forever. Now, since the coming of a new Messenger or Prophet is no longer possible, there is no room for any exceptional case. Therefore, at the time of the Battle of Khaybar, the Prophet sallallahu alayhi wa sallam did not declare its prohibition until the Day of Judgment, but at the time of the conquest of Makkah, he announced its prohibition until the Day of Judgment, and at the Farewell Pilgrimage (Hajjat al-Wada‘), where Muslims from every region and place were present in large numbers, he reiterated this prohibition.

In nikah mut‘ah, the objective is merely the discharge of fluid for a few days, whereas according to the religion and Shari‘ah, a woman is a field (harth), i.e., a place of cultivation, from which produce is sought. Merely sowing the seed and wasting it is not intended; for this reason, establishing relations in the rear (dubr) is not permissible. If the flow of fluid were the only objective or necessity, then at least during the days of menstruation, some concession would have been allowed. Therefore, regarding the prohibition of mut‘ah, there is no doubt or suspicion according to reason, transmission, and human nature.

Yes, in temporary marriage (nikah muwaqqat), if all the conditions of a real marriage are present—i.e., divorce (talaq), ila’, li‘an, zihar, waiting period (‘iddah), inheritance, maintenance (nafaqah), and acceptance of responsibility for children—only this impermissible condition remains that “I will divorce you after such-and-such period.” Then, by completely disregarding this condition and considering the marriage valid, there is room for this in the Hanafi school, as is transmitted from Imam Abu Hanifah rahimahullah. If the condition is set for such a long period that a person generally cannot live that long, then this marriage is valid (Fath al-Mulhim, vol. 3, p. 739). However, in the presence of explicit hadiths regarding the prohibition of mut‘ah, declaring this marriage valid in any way is not correct.

Explanation:
1:
Contracting marriage with women for a specified period is called Nikah Mut'ah (temporary marriage). Then, Ali radi Allahu anhu mentioned the prohibition of Mut'ah along with the prohibition of domestic donkeys at the time of Khaybar. Here, the purpose is not to state the historical timeline of the prohibition of Mut'ah, but rather to mention these two prohibited things. Permission for Mut'ah was given during the incident of Awtas. It then became prohibited, and now its prohibition is until the Day of Judgment. This is the position of the Imams of Islam and the scholars of the Salaf.

Explanation: 1:

Contracting marriage with a woman for a specified period of time, and then, upon the completion of that period, both separating—this is called mut‘ah.

Benefit: By "domesticated donkeys" is also meant those donkeys which humans keep for their needs; therefore, both terms are synonymous. The correct view regarding donkeys as well is that they are also eternally forbidden (haram). This is the position of the majority of the scholars.

For details, see Hadith: 3367.

Benefits and Issues:
➊
"Temporary marriage (nikah mut‘ah)" refers to such a temporary marriage in which a man and a woman agree to live as husband and wife for a specified period. As soon as this period ends, the marriage is terminated.
This type of marriage was initially permissible, then it was prohibited.
Now it is forbidden (haram).

➋
The business of prostitution is forbidden (haram), even if an attempt is made to declare it permissible under the apparent name of "temporary marriage (nikah mut‘ah)".

➌
A valid (shar‘i) marriage is an agreement between a man and a woman to live together for life.
Since in "marriage of halalah (nikah halalah)" the intention is not to live together permanently, it too is forbidden (haram).

➍
A domesticated donkey is forbidden (haram).
There is a similar animal found in the wild, which the Arabs call "himar wahshi" (wild donkey);
it is permissible (halal).
Here, it is referred to as nilgai.

Hadith Authentication:
[و اخرجه البخاري 4216، 5523، و مسلم 1407/29، من حديث مالك به]

Jurisprudential Explanation (Tafaqquh):
➊ Mut‘ah marriage refers to a temporary marital relationship with a woman for the sake of enjoyment. In the early period of Islam, it was permissible (in a state of necessity, like carrion), and later it was prohibited forever. It is narrated from Sayyiduna Sabrah bin Ma‘bad al-Juhani radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said:
«یا ایھا الناس ! انی قد کنت اذنت لکم فی الاستمتاع من النساء وان اللہ قد حرم ذلك الى يوم القيامة»
“O people! I had permitted you to contract mut‘ah with women, but (now) Allah has forbidden it until the Day of Resurrection...” [صحيح مسلم : 1406/21 [3422]]
➋ Imam Ibn Shihab al-Zuhri rahimahullah said:
«ما رايت قوماً أشبه بالنصارى من السبئية» “I have not seen any people more resembling the Christians than the Saba’is.”
The narrator of this athar, Ahmad bin Yunus rahimahullah, said:
«هم الرافضة» “By Saba’is, what is meant is the Rafidah.” [الشريعة للاجري ص 955 ح 2028 و سنده صحيح]
➌ Some scholars, due to not being aware of this hadith and other authentic ahadith, did not consider donkeys to be unlawful; therefore, the view of such scholars is rejected because it is contrary to authentic ahadith.
➍ Although the unlawfulness of donkeys is not mentioned in the Noble Qur’an, it is clearly established from authentic ahadith that donkeys are unlawful. These ahadith are established marfu‘an (ascribed to the Prophet) not only from Sayyiduna Ali radi Allahu anhu but also from the following Companions:
Jabir bin Abdullah [صحيح بخاري : 4219 و صحيح مسلم : 1941/36]
Bara’ bin ‘Azib [صحيح بخاري : 4224، 5525، 5526 و صحيح مسلم : 1938/28] [5012]]
Abdullah bin Abi Awfa [صحيح بخاري : 3155، 5525، 5526 وصحيح مسلم : 1937/26 [5010]]
Anas bin Malik [صحيح بخاري : 2991 و صحيح مسلم : 1940]
Abu Tha‘labah al-Khushani [صحيح بخاري : 5527 و صحيح مسلم : 1936/23 [5007]]
Abdullah bin ‘Umar [صحيح بخاري : 5521 و صحيح مسلم : 24/561 بعد ح1936 [5008]]
Salamah bin al-Akwa‘ [صحيح بخاري : 2477 وصحيح مسلم : 33/1802 بعد ح 1939 [5018]]
Abdullah bin ‘Abbas [صحيح بخاري : 4227 و صحيح مسلم : 1939]
Al-Hakam bin ‘Amr al-Ghifari [مسند الحميدي بتحقيقي : 861 و سنده صحيح، نسخة الاعظمي : 859]
Miqdam bin Ma‘dikarib al-Kindi [سنن ابي داؤد : 4604 وسنده صحيح، و مسند أحمد 131/4]
Abdullah bin ‘Amr bin al-‘As [سنن ابي داود : 3811 وسنده حسن] radi Allahu anhum ajma‘in
This hadith is mutawatir (mass-transmitted). See: [نظم المتناثر للكتاني ص162 ح163]
➎ A specific evidence takes precedence over a general evidence.
➏ Authentic ahadith are an explanation, clarification, and exegesis of the Noble Qur’an.
➐ If, by rejecting authentic ahadith and the understanding of the righteous predecessors (salaf salihin), one interprets the Noble Qur’an relying only on language, poetry, and the distortions of the deniers of hadith, then nothing is achieved except misguidance.
➑ The command of the Messenger of Allah sallallahu alayhi wa sallam is just as obligatory to follow as the command of Allah the Exalted.
➒ Many people, despite knowing authentic evidences, continue to follow their own desires in this world.
➓ Sayyiduna Ali radi Allahu anhu is the narrator and proponent of the prohibition of mut‘ah marriage; therefore, those who claim to love him should follow him.