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Salam,
The 2 Ayah's you are referring to 2:236 and 33:49 both use the word "Nikah". Nikah as you know is different from "Muta". In Fiqh Nikah refers to conventional marriage while Muta refers to temporary marriage. Hence the rule of financial compensation in Nikah does not apply in Muta.
Nikah requires consummation for the marriage to be validated. However this is not the case in Muta'. It is not exactly an engagement since in an engagement the woman is still not mahram to the man but in muta' even without sexual contact the woman is mahram to the man.
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Bismillah
Alright I will stop on the Muta for now because Insh aAllah I will put all my comments at once and you can work on them one by one.
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01-05-2008, 02:02 PM
(This post was last modified: 01-05-2008, 02:18 PM by Muslimah.)
Bismillah
as salam alykom
Karbala, just before we delve into the other points, in order to let u know who exactly prohibited Mutaa, here is a hadeeth. I understand you take hadeeth, dont you??
حدثنا مالك بن إسماعيل حدثنا ابن عيينة أنه سمع الزهري يقول أخبرني الحسن بن محمد بن علي وأخوه عبد الله بن محمد عن أبيهما أن عليا رضي الله عنه
قال لابن عباس إن النبي صلى الله عليه وسلم نهى عن المتعة وعن لحوم الحمر الأهلية زمن خيبر
It was narrated under the authority of Al Hassan Bin Mohamed Bin Ali and his brother Abdullah Bin Mohamed, that Ali their father may Allah be Pleased with all of them told Ibn Abbass that the Messenger salla Allah a`lyhee wa sallam prohibited Mutaa and the meet of home grown camels (Humur Ahlyah) at the time of Khaybar.
(reorted by Fath el Bari of Saheeh Bukhari)
Insh a Allah I will provide more hadeeth in order to close this gap here.
What is more important is that the Mutaa which was permitted then prohibited is not the format you explained. This is an invention of Shia scholars who actually made it permissible to be concluded while both man and woman standing over the head of (I will verify the name) of one of the Imams (In the Mashhad). We need to accurately identify who is introducing innovations.
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Salam,
I have come across that Hadith before. But of course that isnt the only hadith on the subject. Here are a few other Hadiths,
Sahih Muslim
Book 008, Number 3257:
'Abd al-Malik b. Rabi' b. Sabraal-Juhanni reported on the authority of his father who narrated it on the authority of his father (i e. 'Abd al-Malik's grandfather, Sabura al-juhanni): Allah's Messenger (may peace be upon him) permitted us to contract temporary marriage in the <b>Year of Victory</b>, as we entered Mecce, and we did come out of it but he forbade us to do it.
Sahih Muslim
Book 008, Number 3267:
'Ali (Allah be pleased with him) said to Ibn 'Abbas (Allah be pleased with them) that Allah's Messenger (may peace be upon him) on the <b>Day of Khaibar</b> forbade forever the contracting of temporary marriage and the eating of the flesh of domestic asses.
Sahih Muslim
Book 008, Number 3251:
Iyas b. Salama reported on the authority of his father that Allah's Messenger (may peace be upon him) gave sanction for contracting temporary marriage for three nights in the <b>year of Autas </b>1847 and then forbade it.
Sahih Muslim
Book 008, Number 3250:
Abu Nadra reported: While I was in the company of Jabir b. Abdullah, a person came to him and said that Ibn 'Abbas and Ibn Zubair differed on the two types of Mut'as (Tamattu' of Hajj 1846 and Tamattu' with women), whereupon Jabir said: We used to do these two <b>during the lifetime of Allah's Messenger </b>(may peace be upon him). <b>Umar then forbade us to do them</b>, and so we did not revert to them.
Sahih Muslim
Book 008, Number 3248:
Ibn Uraij reported: 'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this <b>temporary marriage during the lifetime of theHoly Prophet</b> (may peace be upon him) <b>and during the tinie of Abi! Bakr and 'Umar.</b>
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From those hadith alone there are 5 different times mentioned when Muta' was actually prohibited,
1. Day of Khaibar
2. Victory of Mecca
3. Year of Autas (just after the Battle of Hunayn)
4. During the time of Umar
5. Practiced during time of Abu Bakr and Umar
These hadith are so conflicting it makes one wonder what really happened? I dont think anyone would be serious enough saying that Mohammad(saw) repeatedly allowed and prohibited Muta' on more than 3 occassions? Doesnt it make you think that a Sahaba like Jabir ibn Abdullah was still practising Muta' even during the reign of Abu Bakr and even mentions that Umar was the one who forbade it?
Furthermore Ibn Abbas allowed it
Sahih Bukhari
Volume 7, Book 62, Number 51:
Narrated Abu Jamra:
I heard Ibn Abbas (giving a verdict) when he was asked about the Mut'a with the women, and he permitted it (Nikah-al-Mut'a). On that a freed slave of his said to him, "That is only when it is very badly needed and women are scarce." On that, Ibn 'Abbas said, "Yes."
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Bismillah
as salam alykom
Jazakum Allah khairan Karbala for saving me the translation effort.
:icon_offtopic: Can you help me to know how to search Hadeeth in English, I always search them in Arabic then translate them myself, of course I gain more reward Alhamdulelah.
Any way, besides the accusations you put here about Omra may Allah be pleased with him, there is one that you didnt mention. That he commanded Amr Ibn Al Aas to burn Alexandria library.
http://www.milligazette.com/Archives/011...200252.htm
Very good piece and it contains opinion of non Muslims.
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01-10-2008, 06:42 PM
(This post was last modified: 01-10-2008, 06:43 PM by Karbala.)
The most comprehensive collection in Enlgish I have come across is here.
[/url][url=http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/]http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/
Quote:Any way, besides the accusations you put here about Omra may Allah be pleased with him, there is one that you didnt mention. That he commanded Amr Ibn Al Aas to burn Alexandria library.
http://www.milligazette.com/Archives/011...200252.htm
Very good piece and it contains opinion of non Muslims.
Interesting article. But not very relevant to me. I havent based any of my opinions on Umar based on what happened to the Alexandria Library.
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Anyway continuing with the theme of muta'.
Quote:What is more important is that the Mutaa which was permitted then prohibited is not the format you explained. This is an invention of Shia scholars who actually made it permissible to be concluded while both man and woman standing over the head of (I will verify the name) of one of the Imams (In the Mashhad). We need to accurately identify who is introducing innovations.
I have to be honest Muslimah, I have no idea what you are talking about, i have never heard of this practice. The only Imam buried in Mashhad is Imam Ali ibn Musa al-Rida(as). I have never seen any practice which required conclusion while standing over his head(????)
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01-11-2008, 07:53 PM
(This post was last modified: 01-11-2008, 08:46 PM by Muslimah.)
Bismillah
as salam alykom Karbala,
Well then I introduced you to something you were not familiar with, try to search it. I will help you, this type of Muta, is the type you are talking about that does not include a sexual permissibility clause. It is quite spread in Mash had in Iran calling it Muta on the head of the Sayed, the two families take the couple intending to conclude this contract to the Mazar and their representatives conclude the contract in the spot where it is believed to be close to the head.
Leave alone the procedure, even the mutaa which was permitted by our leader, teacher and Imam and beloved Messenger salla Allah a`lyhee wa sallam, didnt include this type. The Muta was originally permitted in order to serve as a safety valve for those who cannt fine legal marriage easily in order not to fall into zina. Thus the whole concept was to legalise a temporary marriage, that is why it didnt involve any finanical mutual rights including inheritcane. Ibn Abbas continued to permit it till he realised how people exaggerated in doing it. Then he joined the group in prohibiting it. This form of Mutaa was not even practiced during the Messenger's time, this is a total innovation. In other words, the whole Mutaa concept was legalised as a safeguard against Zina, stipping it from the sexual permissibility part is changing the basis of this practice and transforming it into something different, adding to it deriving a blessing from Imam Rida, well?????
<b>BTW, since you are calling yourself follower of Ahull Bayt, did Ali Radiyah Allah u an`hu or any of his descendants practice Muta, I know none of them?????????</b>
Insh a Allah will continue on this.
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Bismillah
Other points I want to indicate to:
1. Where in Sunnah of Ahul Bayt that you go to visit Qum before leaving for Haj, or Karbala, although I gave you the correct text of the Hadeeth, you still insist on its sacrdness. Any way, where in Sunnah that you do this?
Going to perfrom Salat in Masjed Nabawy is totally different Karbala, There is a hadeeth saying what means (till I find it and translate it: my problem with this site that I m quite awar of is the searching method I mean using a key word). Alright I found it Alhamdulelah:
Narrated under the authority of Abdullah Ibn Zaid that he heard the Messenger of Allah salla Allah a`lhyee wa sallam say: Beteween my house and my Minbar (pulpit) a Rawda (garden) of Riyad (gardens) of Jannah (reported by Musnad Ahmed).
And narrated under the authority of Abdullah Ibn Al Zobair that he said that the Messenger of Allah salla Allah a`lyhee wa sallam said: Salat in this Masjed of mine is better than a thousand Salats in other Masajeds except the Masjed Al Haram and a Salat in Masjed Al Haram is better than a hundred Salats in this one (reported by Musnad Ahmed)
There are other hadeeth - i m sure you are aware of them - regarding the advantage of Quba and Aqsa Masjeds.
Where are the hadeeth that establishes an advantage of Qum???? or make it necessary to visit before or after Haj???
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