Sharh · explanationclick to expand
Mut‘ah in the Shariah is a term that jointly refers to the performance of ‘Umrah in Mut‘ah until the coming of Hajj and to the Mut‘ah marriage. The right meaning is to be understood from the context where it occurs. There was a difference of opinion among the Prophet's Companions over the Mut‘ah marriage, with some deeming it permissible and others forbidding it, according to what each side understood from the Prophet's Sunnah. Likewise, there was a difference of opinion over Tamattu‘ of ‘Umrah until the advent of Hajj. In this Hadīth, the Tābi‘i Abu Nadrah Al-Mundhir ibn Mālik al-Basri relates that ‘Abdullāh ibn ‘Abbās (may Allah be pleased with him) used to enjoin Mut‘ah, whereas ‘Abdullāh ibn az-Zubayr (may Allah be pleased with him) used to prohibit it. The difference arose over the interpretation of the meaning of Mut‘ah here: whether it is the Mut‘ah of Hajj or the Mut‘ah marriage. In a version by Muslim: "Ibn ‘Abbās and Ibn az-Zubayr differed over the two kinds of Mut‘ah." The Mut‘ah marriage is to marry a woman for a specified period, using the word Tamattu‘, in return for a sum of money. This kind of marriage was permissible at the beginning. Then, the Prophet (may Allah's peace and blessings be upon him) forbade it since the day of the Battle of Khaybar until the Day of Judgment. Tamattu‘ in Hajj is when the pilgrim assumes Ihrām for ‘Umrah during the months of Hajj and then ends his Ihrām, after which he assumes Ihrām for Hajj in the same year. So, if he comes to Makkah during the months of Hajj and performs ‘Umrah and completes it, he may end his Ihrām and enjoy all that is lawful until the rituals of Hajj begin. So, Abu Nadrah mentioned that difference of opinion to Jābir ibn ‘Abdullāh (may Allah be pleased with him), who said: "This Hadīth happened in my presence" i.e., I was present while it happened. He (may Allah be pleased with him) pointed out that they observed Tamattu‘ during the lifetime of the Messenger of Allah (may Allah's peace and blessings be upon him). Jābir's response comprises the Mut‘ah of Hajj and the Mut‘ah marriage. "When ‘Umar rose up," i.e., assuming the caliphate, he said: "Indeed, Allah made permissible for His Messenger what He willed" of rulings "through what He willed" of the revelation which He willed to send down - the Qur’an's verses and the Prophet's Hadīths. He thus indicated that such Mut‘ah marriages were exclusively permissible for them. "and indeed the Qur’an was already revealed," i.e., it was sent down and placed in order, its injunctions were completed and established, and its rulings settled; so, it is not subject to abrogation or alteration after the Messenger of Allah (may Allah's peace and blessings be upon him) passed away; and it contains the command to complete Hajj and ‘Umrah. Allah Almighty says: {And Complete Hajj and ‘Umrah for Allah.} [Surat al-Baqarah: 196] By this, he meant that the Mut‘ah of Hajj was abolished when Allah commanded that Hajj and ‘Umrah be completed; and likewise, the Mut‘ah marriage was abolished when Allah mentioned the conditions of marriage in His Book and clarified its rulings; so, nothing can be added thereto, omitted therefrom, or changed. "So, complete Hajj and ‘Umrah for Allah, as Allah commanded you." ‘Umar (may Allah be pleased with him) held that the completion of Hajj and ‘Umrah can be achieved by performing each of them separately. So, ‘Umar's statement apparently indicates that it is invalid to dissolve Hajj and turn it into ‘Umrah. He did not mean by this to contradict the Qur’an and the Sunnah. Muslim narrated: "that Abu Mūsa asked ‘Umar about that, and ‘Umar said: Indeed, I am aware that the Prophet (may Allah's peace and blessings be upon him) and his Companions engaged in it, but I disliked that the married persons should have intercourse with them under the shade of trees and then set out for Hajj with water trickling down of their heads." The meaning: I disliked Tamattu‘, for it entails exit from Ihrām and engaging in sexual intercourse with women until the departure for Hajj. It is authentically narrated in the Two Sahīh Collections that Surāqah ibn Mālik asked the Prophet (may Allah's peace and blessings be upon him) when he ordered his Companions to dissolve Hajj and turn it into ‘Umrah and observe Tamattu‘ until Hajj, saying: Does this apply to this year of ours or forever? Thereupon, the Prophet (may Allah's peace and blessings be upon him) said: But forever. ‘Umar (may Allah be pleased with him) said on the Mut‘ah marriage: "and cut off," i.e., halt and finish this matter, namely marrying these women, i.e., the Mut‘ah. "No man who married a woman for an appointed duration will be brought to me except that I will stone him." So, he considered the Mut‘ah marriage to be like adultery. The Prophet (may Allah's peace and blessings be upon him) permitted the Mut‘ah marriage in the beginning and then forbade it later during the Battle of Khaybar and until the Day of Judgment, and he declared it unlawful during the Farewell Hajj, as narrated by Al-Bukhāri, Muslim, and others. The Hadīth warns against doing anything prohibited by the Prophet (may Allah's peace and blessings be upon him). It forbids the Mut‘ah marriage..