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*Originally posted by jhappi: *
let's say I did not find it:) will you try to help me:)?
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i WILL help you my brother, i hope u learn something new today:
Allah, to whom belong Might and Majesty, said:
(...Except the forbidden women) the rest are lawful unto you to seek them with gifts from your property (i.e., dowry), provided that you desire protection (from sin), not fornication. So for whatever you have had of pleasure (Istamta'tum) with them by the contract, give unto them their appointed wages as a duty. And there is no sin for you in what you both agree (in extending the contract) after fulfilling the (first) duty. Lo! Allah is ever Knower, Wise. (Quran 4:24)
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In the above verse, the Arabic equivalent of the word "marriage" or any of its derivatives has NOT been used. Rather the derivative of word "Mut'a" (pleasure/temporary marriage) has been used, i.e., "Istamta'tum". The word Istamta'a is the tenth verbal form of the root m-t-a. As we will show shortly, the word Istamta'a has also been widely used in the authentic Sunni collections for Temporary Marriage. Of course, Mut'a is one type of marriage, but some of it's regulations are different than the permanent marriage, including the fact that the couple can extend this contract by mutual agreement as the end of verse specifies.
Moreover, if we look at the Sunni commentaries of Quran, many Sunni scholars such as Fakhr al-Razi confirm that the above verse (4:24) was revealed about the Temporary Marriage (Mut'a). They straightforwardly mentioned that temporary marriage became Halaal (permitted) DUE TO the above verse, but they assert that it was later prohibited. It is astonishing that many Sunni commentators mentioned under the above verse that:
Ali (RA) said: The Mut'a is a mercy from Allah to his servants. If it were not for Umar forbidding it, no one would commit (the sin) of fornication except the wretched (Shaqi; an utmost wrong-doer)."
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Sunni references:
Tafsir al-Kabir, by al-Tha'labi, under commentary of verse 4:24 of Quran;
Tafsir al-Kabir, by Fakhr al-Razi, v3, p200, commentary of verse 4:24;
Tafsir al-Kabir, by Ibn Jarir al-Tabari, under commentary of verse 4:24 with authentic chain of narrators, v8, p178, Tradition #9042;
Tafsir al-Durr al-Manthoor, by al-Suyuti, v2, p140, from several chain of transmitters;
Tafsir al-Qurtubi, v5, p130, under commentary of verse 4:24 of Quran;
Tafsir Ibn Hayyan, v3, p218, under commentary of verse 4:24 of Quran;
Tafsir Nisaboori, by al-Nisaboori (8th century);
Ahkam al-Quran, by Jassas, v2, p179, under commentary of verse 4:24.
A very similar tradition has also been narrated by Ibn Abbas (RA), and was mentioned by al-Tabari and al-Tha'labi in their Tafsir of Quran.
It is interesting to note that Umar did not attribute the prohibition of Mut'a to the Prophet (PBUH&HF). They were others who did that after Umar mainly to justify what he did. Umar clearly mentioned that: "Mut'a WAS permitted at the time of the Prophet and I PROHIBIT it!" The great Sunni scholar, Fakhr al-Razi, who has been given the title of "Imam al-Mushakkikeen" (the leader of ever-questioners/ever-doubtful) by the Sunnis, in his voluminous commentary of Quran mentioned under the verse of Temporary Marriage that:
Umar said: Two types of Mut'a were (legal) during the time of the Prophet and I forbid them both, and I punish those who commit it.
They are: Mut'a of pilgrimage and Mut'a of women.
Sunni references:
Tafsir al-Kabir, by al-Fakhr al-Razi, v3, p201 under verse 4:24
Musnad Ahmad Ibn Hanbal, v1, p52