Hadith of Umar's speech of forbidding Mut'ah
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A famous recorded oral tradition among Muslims (Arabic: Hadith) is about public speech held by Umar ibn al-Khattab, whom Sunni Muslims regard as the second Khalifah Rashidun.
The speech was held while Umar was a Sunni Caliph, and in it he announced that he would ban the practice of Mut'ah. Sunnis view the speech to be a mere confirment of a ban placed by Muhammad, while Shi'a view that this was the moment it became declared illegal for the first time.
Although the narration is prominently quoted and referred to, it is 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
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[edit] Mut'ah of Hajj
There exists two form of pilgrimage, the "minor pilgrimage "(Arabic Umrah) and the "major pilgrimage" (Arabic Hajj). The major one contains more rules, and is obligatory upon all Muslims to perform once per life. While doing a pilgrimage, no mater if it is minor or major, the Muslim needs to adher to some very strict dress codes that also includes some other rules (Arabic: Ihram).
In pre-Islamic Arabia, if one would go to the minor pilgrimage a short period before the major one would commence, he was forbidden to go out of the dress code if he intended to follow it up with a Major pilgrimage.
This rule was abrogated by Muhammad, who said it was allowed to go out of the strict dress codes between the two pilgrimages, and this relaxation became known as "joy" (Arabic: Mut'ah) or more distinctly, the "joy of pilgrimage", Mut'ah of Hajj or in Arabic :Hajj al-Tamattu. This is not mentioned in the Qur'an, rather it is a part of the Sunnah.
[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.
[edit] Mut'ah
Only stating "Mut'ah" can denote either "Nikah Mut'ah", or "Mut'ah of Hajj", or both at the same time.
[edit] Combining Umrah and Hajj
When planning a pilgrimage, one is expected to announce his intention to do so at the start of the journey. Muhammad had also decreed that Umrah and Hajj can be combined, ie: starting a pilgrimage with the intention of participiating in both events. If one would start a pilgrimage with only the intention of doing a minor one, and after starting it he would decide that he also intends to do the major one, he needs to go a certain distance away from Mecca, and then start a new pilgrimage, intending to do the greater one.
[edit] Ibn Abbas and Ibn Zubair
Both where famous and very prominent contemporaries of Muhammad (Arabic: Sahaba), and both were very young when Muhammad died in 10 AH (631–632). Much later, during Abd al-Malik's era in 680s, Ibn al-Zubayr and Ibn Abbas argued regarding the validity of Nikah Mut'ah. This led to some confusion, and some people went to another living Sahaba, Jabir ibn Abd-Allah, to gain some clarification in this subject. Thus, Jabir retold a speech held by Umar.
[edit] Context narrations
Some narrations give context to previous events:
[edit] Narration
Waheed uz-Zaman, a ? century Sunni Deobandi Islamic scholar writes:
| “ | Imam of Ahlul Sunnah Abu Bakr narrates, Jabir was asked, Ibn Zubayr tells people to refrain from Mut'ah, whilst Ibn Abbas says it is permissible. Jabir replied "we practised Mut'ah during the lifetime of Rasulullah(s) and Abu Bakr. When Umar became khalifa he delivered a sermon "Rasulullah(s) and the Quran have not changed, during the life of Rasulullah(s) there were two types of Mut'ah, I ban them and shall punish one who breaks this, one is Mut'ah with women, and I shall stone anyone who does this, the other is Mut'ah of Hajj. [10] | ” |
Ali ibn Abd-al-Malik al-Hindi, a 10th century Sunni Islamic scholar writes:
The above is also quoted in Ahkaam al-Quran [12] and also Tafsir al-Kabir by Fakhr al-Din al-Razi [13]
[edit] Muslim view
Muslims view this hadith as notable and important on several accounts: several prominent persons are mentioned in the hadith and several controversial issues are dealt with.
All Muslims agree that this hadith is authentic, and that Umar did indeed forbid Mut'ah. However, there is dispute on how to define "Mut'ah" and whether or not it was forbidden before Umar.
This hadith is also relevant to the Hadith of the four advices to Umar.
[edit] Sunni view
Sunnis considered this hadith as authentic and it's found in the second of their Six major Hadith collections, from the Sahih Muslim collection, one believed by Sunnis to contain only authentic hadith (Arabic: sahih).
Sunni are divided in the way they interpret this hadith. Some view it as Umar imposing the earlier ban that Muhammad made on Nikah Mut'ah, and at the same time creating a new ban, a ban against Mut'ah of Hajj. They view it as he also commanded people to not combine their Hajj and Umrah.
A second faction of Sunnis view that Umar was the first one to impose all three bans.
Furthermore, Sunni quote Sahih Bukhari who record the opinion of a Sahaba who states that there are some circumstances that must be regarded even when mut'ah is/was permitted [14]:
[edit] Umar was not first
This hadith is included in "The Book of Pilgrimage" in Sahih Muslim. Some have taken this as an indication that the author wanted to expres that this hadith is solely relevant to pilgrimiga and in no form relevant to the marriage form[citation needed]. Also, the Salafi tranlstor of Sahih Muslim translate the Arabic word "Mut'ah" to "the performance of Mut'a putting lhram for 'Umra during the months of Dhu'I-Hijja and after completing it. then putting on Ibrim for Hajj)" (sic).
Regarding Ibn Abbas commanding Mut'ah, those Sunni state that Ali corrected Ibn Abbas on the matter as soon as Ali was informed of Ibn Abbas view and quote other narrations in order to argue that mut'ah was forbidden before Umar became caliph according to the Hadith of prohibition of Mut'ah at Khaybar. Those Sunni also quote the Hadith of Sabra reporting on the prohibition of Mut'ah.
The Sunni work Sharh Tajeed states:
| “ | Umar climbed the pulpit and said during the lifetime of Rasulullah(s) three things were halaal and now I deem them haram and shall punish those that practise them. Mut'ah of Nisa, Mut'ah of Hajj and declaring "hayya ala khayril Ammal". Our reply is that these are not issues that should produce criticisms of Umar since on Mujtahid can differ with another Mujtahid, on issues, these are differences of Ijtihad and cannot be ground to criticise a Mujtahid.[15] | ” |
The Sunni work al-Maudhooroth states:
| “ | Yahya Ibn Aktham asked a Shaikh from Basra: "Why do you permit Mut'ah?" He answered "Due to Umar Ibn al-Khattab". Yahya asked: "How is that? Umar was the most sever one against it?" He answered: "Yes, it is an authentic narration that Umar ascended the pulpit and said: 'Allah and His Prophet permitted you two Mut'ah, but I forbid you on both and will punish those who commit it', so we accepted the witness of Umar (that Allah and His Prophet permitted it) but we did not accept his prohibition."[16] | ” |
Waheed uz-Zaman, a Nth century Sunni Deobandi Islamic scholar states:
| “ | Two Mut'ah's, the Mut'ah of Hajj and Nikah Mut'ah were practised during the lifetime of Rasulullah (s), [Rasulullah (s) deemed both correct] but I make them both haraam" - These words of Hadhrath Umar do not mean that he was making it haraam of his own accord, since what is halaal or haraam is limited to the realms of the Shari'ah not Umar, rather he was stating 'I shall declare the prohibition so as to dispel any doubts from amongst the people [17] | ” |
[edit] Umar was the first
Fakhr al-Din al-Razi, a 14th century Sunni Shafi'i Islamic scholar states:
| “ | Proof of Mut'ah is that Umar declared that this existed in the lifetime of Rasulullah now I deem it haram. Umar said this in the presence of a large gathering of Sahaba and at that time no Sahaba objected to his comment. They didn't say Rasulullah had not prohibited Mut'ah and that you have no right to outlaw it. There are three possible reasons for this.
Verily by prohibiting Mut'ah Umar had referred to his own opinion. The fact is Mut'ah had been prohibited during the life of Rasulullah(s) and he was likewise prohibiting it. Self-proclamation would have made it incumbent to deem Umar a kaffir, and silence of the Sahaba after this, throws up an issue of takfeer against them [18] |
” |
Ibn Qayyim Al-Jawziyya states:
| “ | The tradition in Muslims on the authority of Jabir we would do Mut'ah via mud, flour and clay and also practised Mut'ah during the reign of Abu Bakr until the episode of Umar bin Hareeth when Umar outlawed it and its proven that Umar declared that w Mut'ah's were halaal during the lifetime of the Rasulullah(s) and I prohibit them, if those that deem Mut'ah haram were presented with this reply then how will they reply? People have two views, one is that Umar himself declared it haram, and that Rasulullah(s) issued an order to follow our khalifa. To rely on the claim that Mut'ah was deemed haram following the victory Makka is not correct since this was narrated by Abdul Malik bin Rabi bin Sabra who heard is from his forefathers, and on this authority Ibn Moeen made his comment that Imam Bukhari did not reply on him and did not place is in his Sahih even though such a hadith was needed if this narration was Sahih he would have definitely recorded it. If the prohibition on Mut'ah is correct then why were Companions practising this during the khilafath of Abu Bakr when this was the era of the Khalifa of Rasulullah(s)[19] | ” |
Ibn Hajar Asqalani, a 15th century Sunni Shafi'i Islamic scholar
| “ | Imran ibn Husain narrated that during the lifetime of Rasulullah we practised the Mut'ah, the Quran come down and a man said his own opinion, Kirmani said that his refers to Uthman, although we can ascertain that from the books of Rijjal that this refers to Umar, since Umar was the first person to ban Mut'ah".[20] | ” |
Fakhr al-Din al-Razi, a 13th century Sunni Shafi'i Islamic scholar recorded the above in his Tafsir Kabir under the commentary of Surah Nisa, verse 24 (the verse of Mut'ah). This shows that it was clear to Radhi that the verse refers to verse of Mut'ah.
Al-Qastallani, a 15th century Sunni Shafi'i Islamic scholar writes:
| “ | We see from he texts of Rijjal that Uthman is not being referred to here but in fact Umar since Umar was the first person to prohibit Mut'ah. [21] | ” |
Suyuti, a 16th century Sunni Islamic scholar writes:
| “ | Umar was the 1st person to introduce the Bidah of Tarawih, was the first person to ban Mut'ah, and first to introduce 4 Takbeers [22] | ” |
Yahiya ibn Sharaf al-Nawawi, a 13th century Sunni Shafi'i Islamic scholar writes:
| “ | Hadhrath Umar was the first person to prohibit Mut'ah. [23] | ” |
| “ | The first to prohibit Mut'ah was our Umar.[24] | ” |
[edit] Shi'a view
Shi'a view this hadith as notable and important on several accounts.
First, this is yet another hadith that states the famous Sahaba and scholar Ibn Abbas did make fatwas in approval of fixed-time marriages long after the death of Muhammad.
Many Sunnis adhere to the idea that Muhammad had previously banned fixed-time marriages, before the advent of Umar. Shi'a argue that if that was the case, it would have been impossible for knowledgeble Ibn Abbas to have remained un-informed of the matter over five years after the supposed event, hence they say that Muhamad did do no such thing. The narration of Ali correcting IAbbas is considered by Shias as an obvious forgery, considering both internal and external evidence.
Further, it is notable in Shi'a view that the hadith states Umar confirmed that "its command was revealed in Qur'an", ie the command to engage in Mut'ah. This can only mean the verse of Nikah Mut'ah, verse 4:24, since there is no commandment of Mut'ah of Hajj in the Qur'an. This is notable, since some individual Sunni, specially Salafis, strongly reject the notion of Nikah Mut'ah being a part of the Qur'an, since they deem the practice to be so immoral. Umar then continues to bann something he just confirmed is authorised in the Qur'an, and that is seen by the Shi'a as a grave and open sin, fisq.
So, Shi'a view this hadith as showing that:
- Prominent and knowledgeable Sahaba gave fatwas in favor of Nik'ah Mut'ah long after Muhammads death, causing people to get confused over the issue.
- Umar acknowledged that "Nikah Mut'ah" is mentioned in the Qur'an
- Umar made fatwas that contradicted the Qur'an, just as in the case of Tayammum.
- Umar inovated in religion (Arabic: Bid'ah) by forbidding two Hajj rules established by Muhammad.
What is most notable in Shi'a view, is that the Hadith is included as Sahih in Sahih Muslim.
The web site Al-islam.org claims that a hadith has been translated into the English Sahih Muslim in a deceitful way by the Sunni Salafi English translator, Abd-al-Hamid Siddiqui [25].
Further, Shi'a point out that Ata was born in 33 AH, two years before the end of the reigh of Uthman, and argue that Jabir choosing to narrate this hadith to Ata is a clear evidence of his endorment of the legality of Nikah Mut'ah, so long after the death of Umar and Uthman [26]. In fact, this hadith itself narrates that it Jabir narrated the hadith after people inquiring due to Ibn Abbas and Ibn Zubair disagreements, and that even happened during Adb al-Malik's era in the 60s AH.
[edit] References
- ^ Kanz al-Ummal Volume 8 p. 94 Dhikr Mut'ah
- ^ Al-Muwatta 28 18.42
- ^ Istibar of Sheikh Tusi, hadith number 511 The Shia sheikh Tusi gives the explanation that although this hadith is Sahih, it was narrated by Ali under taqiyah and therefore the contradiction between this hadith and those Shia narrations permitting mut'ah can be overlooked.
- ^ Musnad Ahmad ibn Hanbal, Volume 1, Page 437
- ^ Sahih Muslim 7:2801
- ^ Sahih Muslim 7:2874
- ^ Sahih Muslim 8:3249
- ^ Sahih Muslim 8:3248
- ^ Lughath al-Hadith Volume 4 page 10, Chapter 'Meem"
- ^ Sunan al Kabeera Volume 7 p. 06
- ^ Kanz al-Ummal Volume 8 p. 93 Bab Mut'ah.
- ^ Ahkaam al-Quran Volume 2 p 182
- ^ Tafsir al-Kabir (al-Razi) Page 42 & 43
- ^ Sahih Bukhari 7:62:51
- ^ Sharh Tajeed page 408 Dhikr Muthaeen Umar
- ^ al-Maudhooroth Volume 2 page 214 part 12
- ^ Lughath al-Hadith Volume 4, page 9
- ^ Tafsir al-Kabir (al-Razi) Volume 3 p. 96
- ^ Zad al-Ma'ad Volume 2 p. 05
- ^ Fath al-Bari Volume 3 p. 32 Kitab Hajj
- ^ Irshad al-Sari, Volume 3 p. 36 Kitab Hajj
- ^ History of the Caliphs p. 36
- ^ Al Minhaj bi Sharh Sahih Muslim
- ^ Seerath ul Halbeeya Volume 2 p. 52
- ^ Temporary Marriage in Islam (Part II)
- ^ Answering-Ansar.org :: Mut'ah, a comprehensive guide
