Hadith of Ibn al-Zubayr and Mut'ah

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Part of a series on the Nikah Mut'ah – a discipline of Islamic marital jurisprudence

Topics

Nikah Mut'ah Muslim controversies Salaf prohibiting Salaf allowing Scholars prohibiting Scholars allowing An-Nisa, 24

Hadith regarding its legality

Initial practice Prohibition by Muhammad Sura Muminun Khaybar Hadith of Sabra Prohibition by Umar Four advices Speech of forbidding Wretched persons Imran ibn Husain Use after Muhammad Ibn al-Zubayr This box: view • talk • edit

Several recorded oral tradition among Muslims (Arabic: Hadith) are about comment certain argumentations between Muhammad's companions, after the latters death. Although those narration are often quoted and referred to, they are not given any formal name, in contrast to other hadith such as the Hadith of the pond of Khumm or the Hadith of Qur'an and Sunnah

Contents 1 Introduction 1.1 Nikah Mut'ah 1.2 Asma bint Abu Bakr 1.3 Ibn Abbas and Ibn Zubair 2 Overview 3 Narration 4 Muslim view 4.1 Sunni view 4.2 Shi'a view 5 References 6 See also

[edit] Introduction

[edit] Nikah Mut'ah

In the Qur'an, two forms of marriage are described. One being permanent in nature (Arabic: Nikah), and the other being a time-fixed marriage, named in Arabic as Mut'ah, or more distincly as Nikah Mut'ah.

There are multiple narrations that state that Nikah Mut'ah was used by Muhammad's companions, several of those narrations considered as authentic by all Muslims.

Nikah Mut'ah's current day legality is a controversial issue among Shi'a and Sunnis, something that can be traced back to the generations of Muhammad.

[edit] Asma bint Abu Bakr

Asma was one of the daughters of Abu Bakr, the other daughter being A'isha. Asma had a son with Zubayr ibn al-Awwam: Ibn Zubair.

All the people named were prominent members of the first Muslim community.

[edit] Ibn Abbas and Ibn Zubair

Both where famous and very prominent contemporaries of Muhammad (Arabic: Sahaba), and both where very young when Muhammad died, Ibn abbas being 13 years old, and Ibn Zubair being even younger.

[edit] Overview

Most of this narrations are about Ibn Abbas and Ibn Zubair arguing heavily regarding the legality of Nikah Mut'ah, and several of the sources state that Ibn Zubair mother, Asma bint Abu Bakr, engaged in Nik'ah Mut'ah. Some of them state that she did so with Zubair, with whom she got her children ^[1].

[edit] Narration

Please note that apart from the ones quoted from Sahih Muslim the rest of these ahadith are deemed weak or fabricated by Muslim scholars.

Muslim ibn al-Hajjaj, a 9th century Sunni Islamic scholar, and compiler of the famous Sahih Muslim writes:

Ibn Qayyim Al-Jawziyya, a 10th century Sunni Hanafi Islamic scholar writes ^[4]:

Ahmad ibn Hanbal, a 9th century Sunni Hanbali Islamic scholar writes:

• Ahmad ibn Muhammad al-Tahaawee, a 8th century Sunni Hanbali Islamic scholar writes ^[6]

In Maudhoorath ^[7]:

• Ibn Hajr Asqalani, a 15th century Sunni Shafi'i Islamic scholar narrates as follows ^[9]:

• Al-Raghib al-Isfahani reported ^[10]:

[edit] Muslim view

Muslims view this hadith as notable partly since they relate to important topics and personalities of the early Islamic society.

[edit] Sunni view

Sunnis considered at least some of the hadith to be Sahih, ending up in Sahih Muslim, their second most trusted hadith collection. The Musnad of Imam Ahmad is not part of the Sahih Sittah (6 most authentic collections of ahadith) and even if it was then not all of the ahadith in the Sahih Sittah are deemed to be authentic.

This event resulted in people going to the very old Sahaba Jabir ibn Abd-Allah to gain a third opinion, and he retold the Hadith of Umar's speech of forbidding Mut'ah. Once again a cunning tactic by the Shia to "prove" their false opinion. Umar (ra) simply took to strictly enforcing a prohibition that had already been ordained by the Prophet (saw).

Muhammad ash-Shawkani, a 19th century Sunni Islamic scholar writes:

“

Those Sahaba who deemed Mut'ah halaal after Rasulullah(s) were Asma binte Abu Bakr, Jabir bin Abdullah, Abdullah bin Masud, Abdullah bin Abbas, Mu'awiyah, Umro bin Harith, Abu Saeed and Salma binte Umayya. Amongst the Taabi'een who deemed Mut'ah to be Halal were al Taus, Ata and Saed Bin Jabeer. [11]

”

Also:

“

Ibn Abbas position on the permissibility of Mut'ah until his last day is proven [12]

”

Muhammad al-Zurqani, a 18th century Sunni Maliki Islamic scholar writes:

“

It is proven that Sahaba such as Jabir, Ibn Abbas and Asma deemed Mut'ah to be permissible. [13]

”

Yahiya ibn Sharaf al-Nawawi, a 13th century Sunni Shafi'i Islamic scholar writes:

“

Hadhrath Abdullah ibn Abbas died in 68 Hijri and became blind towards the end of his life. On one occasion Ibn Zubayr sought to mock him in a gathering by stating 'some people's hearts are blind like their eyes, since they deem Mut'ah to be permissible, Ibn Abbas immediately spoke saying 'I saw the Imam of the Praiseworthy, Rasulullah (s) with my own eyes, giving the permissibility to practise Mut'ah'.[14]

”

Ali al-Qari, a 17th century Sunni Hanafi Islamic scholar writes:

“

Ibn Zubayr mocked Ibn Abbas for issuing a fatwa on Mut'ah's permissibility and this event happened after the death of 'Ali, during the Khilafath of Ibn Zubayr and this proves that Ibn Abbas believed in the permissibility of Mut'ah until his dying days [15]

”

Sayyid Abul Ala Maududi, a 20th century Sunni Islamic scholar was asked whether Ibn Abbas revoked his position on Mut'ah by one of his supporters and this was his answer:

“

The comments of the people of knowledge in connection with this are before me, and it is true that differences exist chapter those traditions that I have noted do not prove that Ibn Abbas had deemed his opinion to wrong, rather it would suggest that he had only issued edicts in its support� In Fathul Bari, Allamah Ibn Hajr noted these comments from Makkan narrators: 'The people of Makka noted the Fatwa of Ibn Abbas, on the permissibility to practise Mut'ah, although there are also calls wherein he revoked this position, but these chains are weak, whilst Sahih tradition purport that he deemed it permissible' later Ibn Hajr admits that there are differences over whether he revoked it.[16]

”

[edit] Shi'a view

Shi'a Muslim prominently use this hadith in when they engage in argumentations regarding the validity of Nikah Mut'ah. Among the sources using this hadith are Al-Islam.org's Shi'a encyclopedia ^[17] and answering-ansar.org's article regarding Mut'ah ^[18], as well as most Mut'ah related articles.The points that they try to make include:

• Ibn Abbas, a prominent and knowledgable Sahaba gave fatwas in favor of Nik'ah Mut'ah long after Muhammads death, causing people to get confused over the issue.
• Ibn Zubair, a notable sahaba, being born in a Nikah Mut'ah.
• Abu Bakr's daughter entering a Nikah Mut'ah
• Zubayr ibn al-Awwam entering a Nikah Mut'ah
• Not only male Sahaba entering Nikah Mut'ah, something that is implied by some Sunnis through stating that it was only allowed since male Sahaba could not control their urges.
• Ibn Zubayr was alluding to the fact that Ibn Abbas was blind. Ibn Abbas became blind towards the end of his life and yet he still maintained the position that Mut'ah was halaal even in his last days ^[19].
• The threat of Ibn Zubayr to inflict a penalty proves that his order came at a time when he had the clout to inflict such an act, namely when he attained brief power during the Khilafath of Yazeed. This serves as a major proof on the lawfulness of Mut'ah, since the brief reign of Ibn Zubayr was well after Abu Bakr, Umar and Uthman. The view of Ibn Abbas. is clear evidence that he believed its banning to be of Umar's own violation and not the word of Rasulullah(s), if we are wrong in our assertion then why the objection of Ibn Zubayr? There would be no reason for a dispute if Ibn Abbas believed, like Ibn Zubayr, that Mut'ah was haram ^[19].
• As such, there can be no doubt that Ibn 'Abbas maintained this opinion until his death ^[19].

[edit] References

1. ^
   • Musnad Abu Daud al Tayalsee Volume 7, Page 227 (printed in Hyderabad) [1]
   • Tafsir al-Mazhari [2]
   • Aqd al Fareed, Volume 3, Page 157 [3]
   • Sunan al Kabeera al Nasai Volume 3 page 135 (printed Beirut)
   • Ma'ani Al-Athar Volume 2 page 16 (printed Deoband)
   • Nayl al-Awtar Volume 6 page 135 (printed Egypt)
   • Talkhees al Kabeer Volume 3 p. 59 by ibn Hajar Abi Bakr
   • Maudhourath Volume3 p. 14
   • Murujh al Dhahab Volume 3 p. 0 Dhikr Mu'awiya b Yazeed
   • Sharh Muwatta of Dhurqani Volume 3 p. 54
   • Sharh Ibn al Hadeed Volume 4 p. 75
2. ^ Sahih Muslim 7:2874
3. ^ Sahih Muslim 8:3261
4. ^ Zad al-Ma'ad Volume 1 p. 19
5. ^ Musnad Ahmad ibn Hanbal Volume 5 page 228
6. ^ Sharh Ma'ani al-Asar Volume 2 page 14, Chapter on Mut'ah
7. ^ Al Maudhoorath Volume 3 p. 14
8. ^ Musnad Abu Darda p. 27
9. ^ Ibn Hajr Asqalani in 'Talkhees al Haseer fi Takhreej al Hadeeth al Rafa al Kabeera' Volume 3 page 159 (printed Cairo)
10. ^ al-Maudhoorath Volume 2 page 96
11. ^ Nayl al-Awtar Volume 6 page 53 chapter Nikah Mut'ah
12. ^ Fatih al-Qadir Sharh Hidaya Volume 3 p. 51
13. ^ Sharh al-Muwatta al-Malik (al-Zurqani) Volume 3 p. 54
14. ^ Al Minhaj bi Sharh Sahih Muslim Volume 4 page 20
15. ^ Mirqat Sharh Mishkat al-masabih Volume 6 p. 20 Dhikr Mut'ah
16. ^ Letters and Issues Volume 3 pages 53-54
17. ^ Temporary Marriage in Islam (Part II)
18. ^ Answering-Ansar.org :: Mut'ah, a comprehensive guide
19. ^ ^{a b c} Answering-Ansar.org :: Mut'ah, a comprehensive guide

[edit] See also

• List of Muslim reports