05-11-2008, 05:39 PM
Wasalam,
I have seen all those hadiths before and ill raise 2 reasons why they don't prove anything.
1. As a principle a hadith cannot abrogate a command given in the Quran. Muta has been allowed in the Quran ref: 4:24
2. The hadiths themselves conflict greatly (ill get to that now)
Firstly there are reports from certain Sahaba that Muta' was practiced during the time of the Prophet(saw) during the time of the First Caliph and was only banned during the time of the 2nd Caliph.
Sahih of 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 during the lifetime of Allah's Messenger (may peace be upon him). Umar then forbade us to do them, and so we did not revert to them.
Sahih al Muslim: Book 008, Number 3249
Jabir b. 'Abdullah reported:
We contracted temporary marriage giving a handful of (tales or flour as a dower during the lifetime of Allah's Messenger (may peace be upon him) and durnig the time of Abu Bakr until 'Umar forbade it in the case of 'Amr b. Huraith.
wel_mel_2 you have quoted 9 ahadith.
6 hadiths refer to a common event in which it is claimed that the Prophet(saw) forbade it on the day of Khaibar along with Donkey meat. Interestingly Ibn Umar refers to the same event and doesn't mention the forbidding of muta'
Sahih al Muslim, Volume 5, Book 59, Number 526
Narrated Ibn Umar:
On the day of Khaiber, Allah's Apostle forbade the eating of garlic and the meat of donkeys.
The other 3 hadith come from Sabra al-Juhanni or Ibn Sabra. Interestingly the year Sabra mentions it was forbidden was the year 630AD during the day of victory. Notice already the discrepancy with the year Ali claimed which was 629AD during the conquest of Khaibar.
Sahih al-Muslim Book 008, Number 3260
Rabi' b. Sabra reported on the authority of his father that Allah's Messenger (may peace be upon him) forbade on the Day of Victory to contract temporary marriage with women.
Now a common claim from Sunnis is that Mohammad(saw) forbade and allowed Muta' several times based on the necessities of the time and that he eventually forbade it forever. However if you look at the texts of when he forbade it during Khaibar and during the victory of Mecca both of them mention that muta' was forbidden <b>FOREVER</b> from that point onwards.
From the hadiths you quoted yourself:
Book 008, Number 3265:
Muhammad b. 'Ali narrated on the authority of his father 'Ali that Allah's Apostle (may
peace be upon him) on the Day of Khaibar prohibited <b>forever</b> the contracting of
temporary marriage and eating of the flesh of the domestic ass.
Book 008, Number 3262:
Sabra al-Juhanni reported on the authority of his father: Allah's Messenger (may peace be upon him) prohibited the contracting of temporary marriage and said: Behold, it is forbidden <b>from this very day of yours to the Day of Resurrection</b>, and he who has given something (as a dower) should not take it
<b>Conclusion: There is a clear conflict in the Hadiths and cannot be relied upon to resolve the issue of the the forbidding of Muta'.</b>