Question? Aug 16, 1998
, I wanted to know the Order in Shariat regarding the Divorce and what conditions are applied if the divorcee wanted to contact back. That is Hallala. Details reply Awaited. Rgds, Shahab
Imam reply:
Dear brother, If husband divorces his wife less then three times he can contact back with his wife without a process of Halalah. In case he divorces her three times he can not contact her back without Halalah. Halalah means that divorcee, after passing her waiting period of divorce (Eddat) should marry with another man. After having sexual intercourse with him, she would be divorced and after passing her waiting period of divorce (Eddat), she can marry with the former husband. Please see Bahare Shriate, a famous book of jurisprudence in Urdu, for further detail.
ma mooli, how is it that sunnis never practiced muttah and never found any source authentic enuff to validate mut'ah but shiaas find authentic ahadith in sunni books allowing mutah????
It is historical fact that many of the prominent figures among Ahle Sunnah which includes Sahabah, Tabaeen and esteemed scholars not only believed in the ligitimacy of Nikah al-Mutah but they themselves practiced it. (here it may be said that they might have practiced it when Mutah was allowed (according to sunni sources) but i am pointing out those personalities who practiced Mutah even long after the death of Holy Prophet, hence no need to come up with that excuse).
Therefore if only you or some other individuals are unable to find such facts in black and white then you cannot blame others for the same.
Barelvis= Ahle Sunnah Wal Jamaah. I'm not from Pakistan. I never knew what Barelvis were till a year or so ago, but I did study under the Shafi'i Fiqh and that's what it also says in the Shafi'i Fiqh.
among Sahabh, take example of Ibn Abbas [ra] who deemed Mutah Halal:
as stated by him: عن ابن عباس قال: يرحم الله عمر ما كانت المتعة إلا رحمة من الله رحم بها أمة محمد، ولولا نهيه عنها ما احتاج إلى الزنا إلا شقي
Ibn Abbas said: Mut’ah was blessing of Allah upon the Ummah of Muhammad and had Umar not prohibited it the only person to fornicate would be a wretched person
Online Tafsir Dur e Manthur , Surah Nisa verse 24](كتاب: الدر المنثور في التفسير بالمأثور **|نداء الإيمان)
Online Ahkam al Quran al Jasas, Surah Nisa, Chapter: Mutah
Ibn Katheer’s in his Tafseer, Surah an-Nisa, Page 3 under the verse 4:24 said:
“Ibn Abbas an other Sahaba said that Mut’ah can be utilised when needed, Ibn Hanbal also narrated the same”.
Tafseer Ibn Katheer, Surah an-Nisa, Page 3
Take another example of hero of Nawasib Muawwiyah: We read in “Fathul Bari Shrah Sahih Bukhari” by Imam of Ahle-Sunnah Hafiz Ibn Hajar Asqalani (Volume 9 pages143-144):
"Mu’awiya contracted Mut’ah with a woman from Taif and this narration carries a sahih chain. When Mu’awiya arrived in Taif, he performed Mut’ah with an unnamed slave belonging to Banu Hazrmee called Ma’ana, Jabir states that remained alive throughout Mu’awiya’s reign, and he gave her yearly stipends every year".
To be brief , let us directly see the list of sahabs who deemed Nikah al-Mutah to be Halal. Ibn Hajar Asqalani recorded:
According to Ibn Hazm, this group of Sahaba deemed Mut’ah to be halaal, ibn Masud, Mu’awiya , Abu Saeed, Ibn Abbas, Salma and Ma’bad the son of Umayyah bin Khalaf , Umro bin Hurayth ..”
Fath al Bari Sharah Sahih Bukhari, Vol 9 Kitab al Nikah
From Tabayeen:
lets take example of Saeed bin Jubayr. First let us read about his esteemed status in the madhab of Ahle Sunnah:
Ibn Hajar Asqalani about him. “….He narrated hadiths from Ibn Abbas, Ibn Al-Zubair, Ibn Umar, Ibn Maqal, Uday Ibn Hatem, Abi Masood Al-Ansay, Abi Saeed Al-Khudari, Abu Hurayra, Abu Musa Al-Asha’ari, Al-Dahak Ibn Qais Al-Fehri, Anas, Amro Ibn Maymoon, Abi Abdulrahman Al-Sulami and lady Aysha….. Ibn Abi Mughera said that when people of Kufa visit used to Ibn Abbas to ask him for Fatwa, he used to say them: “Isn’t Saeed Ibn Jubayr among you?”… Amro Ibn Maymoon said that his father said that Saeed Ibn Jubayr passed away and every one on the earth attained his knowledge… Abu Al-Qasem Al-Tabari said: “He is a reliable Imam and hujah on Muslims”…..Ibn Haban Said: “He was jurist, worshiper, righteous and pious”.”
Tahdeeb al Tahdeeb, by Ibn Hajr Asaqlani Volume 4 No. 14
About the validity of Nikah al-Mutah deemd by Saeed bin Jubair we read:
Ibn Hazm said, those that deemed Mut’ah halaal after Rasulullah(s) and remained firm in this position, included Ibn Masud, Mu’awiya, Abu Saeed, Salma wa Majid, Umayya’s son, Jabeer and Umar bin Harith, Jabir cited the practise of Mut’ah by the Sahaba during the reign of Abu Bakr and Umar, amongst the Tabieen the jurists of Makkah and Taus and Saeed bin Jabayr and Ata deemed Mut’ah halaal. Those Tabieen that Ibn Hazm quoted on the lawfulness of Mut’ah, carried a Sahih chain, according to Abdul Razzaq
Fathul Bari Shrah Sahih Bukhari, Volume 9 p. 74 Dhikr Mut’ah
If this is not suffice then let us read clear cut narration:
“A beautiful Iraqi women resided in Makka, Saeed bin Jabeer Jubayr intended on visiting her, I asked why he spend so much time with the women, he said 'he had performed Nikah Mut’ah with the women, and that Nikah Mut’ah was more Halal than drinking water”
Online Musnaf Abdur Razzaq, Kitab al Talaq, Bab al Mutah, Hadith 14020](المكتبة الإسلامية - أسماء الكتب - إسلام ويب - المكتبة الإسلامية - إسلام ويب)
Cutting long story short, let see list of tabayeens as cited by Qadhi Thanaullah Panee Pathee in his Tafseer Mazhari, Volume 3, Page 19 “Ibn Hajr Asqalani cites those Tabieen that gave Fatwas on Mut’ah being halaal, they were Ibn Jurayj, Tawoos, ‘Ataa’, the students of Ibn Abbas, Sa’eed bin Jubair and the Fuqaha of Makka.”
Tafseer Mazhari, Volume 3, Page 19
Well, the very first part of your quotation, had been quoted (exact same words) as a saying by Hazrat Ali (RA) by Anjjan in the start of this thread quoting about 8 references from Sunni books. So how many times are you guys going to reproduce same word to word as said by so and so and so.
Can any sane person tell me, how on earth, a Sunni Reference book will quote a great (scholar/leader/Imam) like Hazrat Ali (RA) bad mouthing another Khalifa, i.e. Hazrat Umar (RA). What is more interesting, all thes quotes by my guppie brothers say “RA” in front of Hazrat Ali but not in front of Hazrat Umar. Doesn’t it reflect their deep personal bias against Hazrat Umar (RA), and wud a Sunni book be reflecting that?
People pls. stop spreading hatred in the name of sects and misquoting, esp. about the greatest personalities like Hazrat Ali (RA) and Hazrat Umar (RA). I am not asking you to agree what the other person is saying, since it might be against your sect’s beliefs. I beg you in the name of Allah, “If you are a true Muslim, stop spreading hatred”. May Allah guide us all, ameen.
first of all your post had nothing to do with the topic (atleast directly). Therefore it will be good to stay on the topic as time of everyone here is precious.
Secondly, dont tell me that the books cited are not Sunni books If you havent done your homework then you have no right to blame others. If you have any precise objection to the sources or wordings cited then please put forward else your personal “conjectures” and “assumptions” like “how can such thing be in a sunni book” is nothing but a waste of time of everyone here. And if you think that such wordings cannever be present in sunni books then please pull some time and read what the tradition #4349 of Sahih Muslim have to say about the views held by those companions for eachother. Or may i expect you to come up with a news that Sahih Muslim is no more a Sunni book!
BTW, I also found it so … (I don’t want to say smth that Allah may not like). this post mentioned name of some Sahabi who made a temp. nikah with a slave and then kept paying her yearly stipend throughout his regime …
so the worth of a woman is that you can take gifts or pay yearly stipend (is it a fee for her services) and can do that woman legally? cuz if you do a woman without any legal basis of the realtionship, but you do pay her for the services, isn’t it called, prostitution? So u can go ahead sign a paper and keep a paid one in your own house for as long as you desire (or for the duration in that contract).
May Allah forgive me for saying smth that may be wrong, but this whole concept as explained here, I find it so insulting and degrading to women. I wonder how many women (Shi’a or Sunni) would be willing to take such a role i.e. paid for ur “services” for a temp. period of time?? I better stay out of this thread, making me feel so cheap being a woman Is that all we are worth?
again you havent done your homework! You should remember or may i say ‘let me inform you’ that there is thing in Islam which is known as “dowry” which is a certain amount decided before marriage and then man has to give it to her wife. Now if that amount is huge then he may give it to her in parts (whatever is decided between the two).
For example, we read in Holy Quran:
[Yusufali 33:50] O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers
[btw Quran is Holy book for all Muslims, in case if you dont know ]
But since use of money in this way in marriage same as prostitution to you, then i dont know what appraoch to adopt here to make you realise to have some study on these issues.
Btw, just a small gift for you. See what Sahabah used to give as dowry for performing Nikah a-Mutah:
Jabir b. 'Abdullah reported: We contracted temporary marriage giving a handful of (dates or flour as a dower during the lifetime of Allah’s Messenger (may peace be upon him
Sahih Muslim Book 008, Number 3249, Bab ul Nikah
Brother, I know the concept of "Dowry" and "Mahr" very well. You were referring to gifts and stipend. Totally different.
P.S. you can state ur point, in fact may make better impact, without being sarcastic and attacking the person. That doesn't promote a healthy discussion.
P.S. you can state ur point, in fact may make better impact, without being sarcastic and attacking the person. That doesn't promote a healthy discussion.
Jazak-Allah
i never meant to be offended, anyhow,
my point was not about mehr, gifts etc... In what contaxt muawiyah used to give gifts to the woman he performed Nikah al Mutah, its totally different matter and shall not be our point of discussion. I was asked to cite evidence of sahabah who performed Mutah and i did the same.
If a man and woman marry merely for affording the woman the convenience of re-marrying her ex-husband, the divorce that is given by the man is called Halalah, which is prohibited in Islam, as is obvious from the Quranic verse referred to earlier:
And if he divorces her [after the first two revocations], then she is not lawful unto him thereafter until she marries another husband. Then, if the other husband divorces her, it is no sin for both of them that they re-unite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for people… (2:230)
In this verse, the verb tankiHa (until ‘she marries’) has been used. nikaH is a well-known term in the divine law and refers to marriage, which is a contract made by a man and woman who intend to live their lives together as husband and wife. Where the intention is to do that for a specific period of time, the appropriate word for such a contract seems to be prostitution, not nikaH, for such a ‘marriage’ is not nikaH – it is a subterfuge. Moreover, it is also obvious from the words ‘Then, if the other husband divorces her’ that the divorce must not have been planned at the beginning of the marriage. The particle of condition, in, used here in fa’in talaqaha (Then, if he divorces her) is used for exceptional and contingent situations, that is such situations as are rare or happen by chance. Writes Islahi about the usage of in:
In Arabic in is not used for routine and usual matters. Usually, it is used for rare and contingent occurences. For regular matters, idha is used in Arabic. (tadabur-e-quraan, vol.1 p.638)
It must also be mentioned here that it is obvious from the Hadiith (saying of the Prophet sws) usually referred to as Hadiith-e-`usailah (bukhaarii, kitaabullibaas) that even if the contract of nikaH is valid, merely the desire on the part of the woman to return to her ex-husband is not a valid basis for the court to grant her divorce.
Also another Hadeeth about the same subject of Halaalah:
**Jami’ Tirmidhi, Chapter : About the Muhil and Muhalal.
Hadith n 1120 : From Abdallah ibn Mas’ud who said : “The Prophet saw cursed ( la’ana) the Muhil ( the one who makes halal) and the Muhalal lahu ( for the one it is made halal)”
Abu Issa ( Imam Tirmidhi) said : “ This hadith is Hassan Saheeh” …This hadeeth has been reported from the Prophet saw from other way than this, and the people of knowledge acted on this hadeeth from the companions of the Prophet saw among them : Umar ibnul Khattab, Uthman ibnu ‘Affan, ‘Abdallah ibn ‘Amr and other, and this is the saying of Fuqahas from Tabi’in, and this has been said by Sufyan Thawri, ibnul Mubarak, Shafi’I, Ahmad, Ishaq**
Makkah/Madinah was also said to be muslim state whilst prophet of Islam [s] were present amongst them yet people (sahabah) used to practice short term Nikah.
oh well…
If you havent done your homework then you have no right to blame others. If you have any precise objection to the sources or wordings cited then please put forward else your personal “conjectures” and “assumptions” like “how can such thing be in a sunni book” is nothing but a waste of time of everyone here. And if you think that such wordings cannever be present in sunni books then please pull some time and read what the tradition 
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