zainabia
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And following Ahle Sunnah Fatwas are from book "Fatawa Qazi Khan", according to Fiqh of Imam Abu Hanifa:
(1) IF A PERSON HAVE A SEX WITH AN ANIMAL or WITH A DEAD BODY(human).....??? or HE HAND PRACTISED...IF DURING THIS HE DOS,NT DISCHARGE THEN HIS FAST IS STILL VALID...............................
ref......fatawa QAZI KHAN ......chap------soom---page98/1 by abo haneefa
(2)IF A PERSON HAVE A SEX WITH UNDER AGE GIRL(under 9) & during this practise she got IFZAA(TO BECME UNABLE FOR SEX PRACTISE FOR EVER) even then there is no any HADD(punishment) for him........
ref......fatawa QAZI KHAN........chap-----al-haddod----page821/4 by abo haneefa
(3)IF A PERSON HAVE A SEX WITH AN ANIMAL & DID NOT DISCHARGE THEN THERE IS NO ANY NEED FOR HIM TO TAKE A WAJIB BATH(ghosal)........(hammmm it very easy )
ref......meezan-ul-kobra.......chap------al-ghosal----page130
(Translated from Urdu).
Qazi Mazhar Ullah is a very famous personality in Indian Sub-Continent, and all religeous schools of Ahle Sunnah in Indian Sub-Continent uses his works. And his masters used to say him "Bayhiqqi of our Time".
Was Salam.
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Originally posted by Danger.:quote: If you want to discuss on this fatwa, then please open a new thread and I will show you the fatwas of Some Sunni Ulama on this issue. And also I will show you that Sunni Fiqh also allows marrying of non baligh children (and according to Sunnies Hadhrat Umar even molested child Umm Kulthum without Nikah, upon which the child threated to slap him and break his nose).I was reading Fiqah since i was 6 years old and frankly i never heared of a Sunni scholar who even remotly advocated such grave sin.... so I would be very interested to see you qoute those Sunni Ulama you are talking about...الله يهدينا ويهديكي للصراط المستقيم......BismillahSalam Alaikum
Brother Dangerous and brother Nur, following Ahle Sunnah Fatwas are for your clarification:
http://www.ansarweb.net/special/whb_jns.htm
35- مس الصغيرة أو الرضيعة Ùˆ نكاØها Ùˆ الزنا بها !
( وهذا Ùيما إذا كانت ÙÙŠ Øد الشهوة Ùإن كانت صغيرة لا يشتهى مثلها Ùلا بأس بالنظر إليها « ومن مسها » لأنه ليس لبدنها Øكم العورة ولا ÙÙŠ النظر والمس معنى خو٠الÙتنة. )
( المبسوط ØŒ للإمام السرخسي / المجلد الخامس / ج10 / ص155 / كتاب الاستØسان Ø· دار المعرÙØ© 1406هـ )
( ولكن عرضية الوجود بكون العين منتÙعاً بها تكÙÙŠ لانعقاد العقد ØŒ كما لو تزوج رضيعة ØµØ Ø§Ù„Ù†ÙƒØ§Ø )
( المبسوط ØŒ للإمام السرخسي / المجلد الثامن / ج 15 / ص109 / كتاب الإجارات / Ø· دار المعرÙØ© - بيروت - 1406 هـ )
( Ùأما الصغيرة التي لا يوطأ مثلها Ùظاهر كلام الخرقي تØريم قبلتها ومباشرتها لشهوة قبل استبرائها وهو ظاهر كلام Ø£Øمد ÙˆÙÙŠ أكثر الروايات عنه قال تستبرأ وإن كانت ÙÙŠ المهد وروي عنه أنه قال إن كانت صغيرة بأي شيء تستبرأ إذا كانت رضيعة وقال ÙÙŠ رواية أخرى تستبرأ بØيضة إذا كانت ممن تØيض وإلا بثلاثة أشهر إن كانت ممن توطأ وتØبل Ùظاهر هذا أنه لا يجب استبراؤها ولا تØرم مباشرتها. )
( المغني لابن قدامة / ج9 / ص159 / ط دار الكتاب العربي )
( (قال) وإن زنى بصبية لا يجامع مثلها ÙØ£Ùضاها Ùلا Øد عليه، لأن وجوب Øد الزنا يعتمد كمال الÙعل وكمال الÙعل لا يتØقق بدون كمال المØÙ„ Ùقد تبين أن المØÙ„ لم يكن Ù…Øلاً لهذا الÙعل Øين Ø£Ùضاها )
( المبسوط للإمام السرخسي / ج9 / ص 75 )
( Ùتوى رقم : 23672
عنوان الÙتوى : Øدود الاستمتاع بالزوجة الصغيرة
تاريخ الÙتوى : 06 شعبان 1423
الســؤال : أهلي زوجوني من الصغر صغيرة وقد Øذروني من الاقتراب منها ماهو Øكم الشرع بالنسبة لي مع زوجتي هذه وما هي Øدود قضائي للشهوة منها وشكرا لكم؟
الÙتــوى : الØمد لله والصلاة والسلام على رسول الله وعلى آله وصØبه أما بعد:
Ùإذا كانت هذه الÙتاة لا تØتمل الوطء لصغرها، Ùلا يجوز وطؤها لأنه بذلك يضرها، وقد قال النبي صلى الله عليه وسلم " لا ضرر ولا ضرار " رواه Ø£Øمد وصØØÙ‡ الألباني.
وله أن يباشرها، ويضمها ويقبلها، وينزل بين Ùخذيها، ويجتنب الدبر لأن الوطء Ùيه Øرام، ÙˆÙاعله ملعون.
ولمزيد الÙائدة تراجع الÙتوى رقم 13190 والÙتوى رقم 3907
والله أعلم.
المÙتـــي : مركز الÙتوى بإشرا٠د.عبدالله الÙقيه )
( راجع الرابط:
http://islamweb.net/pls/iweb/Fatwa.SearchF...23672&thelang=A
(
( (والثاني ) لا Øد عليه وهو قول الØسن قال أبو بكر وبهذا أقول لان الوطئ ÙÙŠ الميتة كلا وطئ لانه عضو مستهلك ولانها لا يشتهى مثلها وتعاÙها النÙس Ùلا Øاجة إلى شرع الزجرعنها والØد انما وجب زجرا واما الصغيرة Ùان كانت ممن يمكن وطؤها Ùوطؤها زنا يوجب الØد لانها كالكبيرة ÙÙŠ ذلك وإن كانت ممن لا ÙŠØµÙ„Ø Ù„Ù„ÙˆØ·Ø¦ ÙÙيها وجهان كالميتة ØŒ قال القاضي لاØد على من وطئ صغيرة لم تبلغ تسعا لانها لا يشتهى مثلها Ùاشبه مالو أدخل اصبعه ÙÙŠ Ùرجها وكذلك لو استدخلت امرأة ذكر صبي لم يبلغ عشرا لاØد عليها )
( المغني - عبدالله بن قدامه / ج 10 / ص 152 / ط دار الكتاب العربي )
أقول : رداً على غيرتهم المزيÙØ© على الصغار Ùˆ استهزائهم المستمر بÙتوى الإمام الخميني (قدس) Ùليخرس المبطلون.
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Loaning of Veginas
===================
Brother Nur,
Let me address the problem of Iraatul Furuj in detail while many Sunni brothers have been decieved by this Anti Shia Alim.
Here is exact quote from Anti Shia Site about Mutah and Iratul Furuj.
Shia filth
I'arat al-Furuj Loaning of Vaginas) - The Shi'ah books of fiqh carry a separate chapter entitled "I’arat al-Furuj" This could literally be translated as "The Loaning of Vaginas." Under this heading the Shi'ah imams have discussed the various conditions under which a woman can be temporarily given to another person. The books give details as to how a woman can be loaned only for the pleasure of seeing her naked body or for the pleasure of enjoying her lasses or for the pleasure of having sexual intercourse with her.
1) Note: This Chapter is not dealing with Mutah as above mentioned Scholar let the people to believem but this whole chapter is talking about Slave Women. So this Iratul Furuj has nothing to do with Mutah.
And as far as Sunni Fiqh is concerned about Iraatul Furuj of Slave women, then rulings are the same. (I will come to this latter in details. Insha-Allah)
People need to understand that Furuj can mean "sexual organ" but it also can mean "Chastity" and "Respect". If this Nasibi is going to suggest that we are lying and that this is an exclusive filthy term, then could he explain why Allah (swt) use the word Furuj when referring to Hadhrath Maryam? Allah (swt) says clearly in Surah al Anbiya verse 92:
"She protected her Furuj"
If Furuj is indeed always synonymous in Arabic as a vulgar term then why does Allah (swt) use it when praising such a pure / chaste woman?
Furuj:
This is the disease of Literalism and found in those people, who have filth in thier minds (like this Anti Shia Alim). And these people are not misguiding Normal Sunnies to by doing propaganda.
I question if "Vigena" and "Chastity" are 2 different things (when reffered to women?)
For example what does it mean if one says: "She lost her chastity"
Need I to explain what it means? Both Chastity and Vegina are reffering to the same thing/action, but Chastity is a "Formal" way of describing this action/thing.
This title of this chapter (which is given by Shia Ulama (i.e. not by Aima (as))is "Aratul Furuj". The minds of Wahabies with filth in them compell them to go to "vegina", while spiritual meaning of this is how one Slave woman can be given in contact with a man by her Master, keeping her chastity and modesty.
Note: "Furuj" doesn't mean "Vegina", but the exact translation is "Private Parts". (i.e. private parts of women and as well as men).
So the Anti Shia translation of "Loaning of Vigena" is only filth of thier mind.
Aysha using the term "Furuj" openly in front of Men
Allah (swt) says that Hiya is a very good thing but in matter of Deen one have to talk about things openly in order to make things clear.
That'S why this word "Furuj" has been used extensively by Hadhrat Aisha in her Ahadith which she narrated to Men.
See Sahih al Bukhari Volume 1, Book 5, Number 286
Shooting stars appeared from the "Furuj" of Imam Shaafi's mother
We are quoting this reference from the following three esteemed works of Ahl'ul Sunnah.
1) Tareekh Baghdad Volume 2 page 59 Dhikr Muhammad bin Shaafi
2) Seerath al Halabeeya Volume 1 page 92 Dhikr Muhammad 'ur Rasulullah
3) Isma al Rijjal - Dhikr Imam Shaafi page 41
"When our Imam Shaafi's mother was carrying him (in pregnancy) she saw a dream in which shooting stars were coming out of her Furuj, one fell in Egypt and then light encompassed all other cities. An interpreter of dreams told her and said 'Lady Khaleeda you shall give birth to a son whose knowledge shall reach Egypt in the first instance and then travel to all cities".
Moreover, this Anti Shia Scholar wrote:
The books give details as to how a woman can be loaned only for the pleasure of seeing her naked body or for the pleasure of enjoying her lasses or for the pleasure of having sexual intercourse with her.This Alim must look into their own fiqh/hadith books and they will find these same rulings in them too for the slave girl i.e.
1) According to thier Fiqh one can sell his slave girl even after having sexual pleasure with her.
Sahih MuslimBook 008, Number 3371:Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): 0 Abu Sa'id, did you hear Allah's Messenger (may peace be upon him) mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger (may peace be upon him) on the expedition to the Bi'l-Mustaliqand took captive some excellent Arab women;and we desired them, for we were suffering from the absence of our wives,(but at the same time) we also desired ransom for them(by selling them). So we decided to have sexual intercourse with them but by observing 'azl (Withdrawing the male sexual organ before emission of semen to avoid-conception). But we said: We are doing an act whereas Allah's Messenger is amongst us; why not ask him? So we asked Allah's Mes- senger (may peace be upon him), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born.This hadith can be found many folds in Sahah Satta.
These people must open their eyes and think about the status of slave woman in their fiqh before claiming Mutta to be Zina.
So according to Nasibi Scholar, one may have sex with a slave girl and then sell her to new master. i.e.
1) Neither this slave girl has the permission to stop her master to do Sex with her
2) Nor she has the right to stop her master to sell her to next master who can also have sexual pleasure with her.
And still these people issue this Fatwa is that it's better than Mutta, in which only after the will of woman, one can marry her.
The people whose hearts don't have seals can judge the situation themselves and can decide the who is mad here.
Was Salam.
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Originally posted by Danger.:Here is another book of Legislations (Axkaam) written by Khumayini (another leading Shiah scholar) authorizing "anal sex", and pedophilia ??? the guy went as far as allowing sexually molesting "infants" !!!!!So are you going to claim the Saxabah used to do what this jaahil is authorizing??Let me ask you this though Sainab...Do you mind marrying a man for 1 hour?Bismillah
Salam Alaikum
Brother Danger, it is not intellectual discussion that you are doing, but you are only spreading fitna.
Tell me please what this Fatwa has to do with our Topic of "When was Muttah Prohibited"?
You have all together neglected all the questions that I asked you (like about timing of Muttah, the innovation of Hadhrat Umar regarding Witness etc.). And instead of this you are coming only and only with new accusations while letting all the relative questions non-answered.
If you want to discuss on this fatwa, then please open a new thread and I will show you the fatwas of Some Sunni Ulama on this issue. And also I will show you that Sunni Fiqh also allows marrying of non baligh children (and according to Sunnies Hadhrat Umar even molested child Umm Kulthum without Nikah, upon which the child threated to slap him and break his nose).
But normally I don't indulge in such type of filthy discussions while such things are fitna and will only create differences among us. And we are here to understand each other and to promote unity among Muslim Ummah.
Was Salam.
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Bismillah
Salam Alaikum
I hope and pray that all of you are in best of health and Iman. Insha-Allah.
Brother Noor, you comments about my not knowing Arabic are absolutely right. But you see I am not doing Ijtehaad, but only putting forward the Ijtehaad of Shia learned Scholars along with their reasoning.
As compared to this, we have also Ahle Sunnah Scholars Ijtehaad along with their reasoning.
I may be devoid of knowledge of ARabic language, but you see Allah (swt) has given one of the bigges gift to all of us i.e. AQL . And only by using this AQL, we have to decide the things (you see billions of Muslims don't know Arabic, but they have choosen the path of Islam only upon the bases of their AQL)
Should I remember you the saying of Mawla Ali (as) i.e. Don't see who is saying, but see what has been said.
But if you still going to criticize me about Arabic, then I am not going to respond any more on this issue. You see, none of you have ever touched the original Question and Arguments of "When was Mutta Prohibited", but keep on attacking Moral Issues or lac of ARabic language etc.
========================================
Moreover, you wrote:
Second, because you can not read Arabic, the post just above your last response shows the Shia Scholar making muta marriage with a prostitue Halaal, so you counter claim it is the Sunnah Fiqh who accepts muta marriage with prostitutes.Please brother Nur, read my post once again.
I haven't said that Ahle Sunnah Ulama have made Mutta Halal with Prostitutes.
But I have written that Ahle Sunnah Ulama allow it to do "NIKAH" with prostitutes if she does Tawbah and observe Iddah. You see many women are compelled to do prostitution (atleast in Pakistan). But they are Muslims from heart and want to come out of this state. So, it is allowed to do Nikah with any such woman and only Allah knows best what one has in his/her heart.
As far as Mutta is concerned with prostitutes in Shia Fiqh, it's exactly the same (i.e. woman has to observe Iddah before entering into Muttah relation). And there is Haq Mehr and also children belong to Man .... etc. And if situation is favourable, then one can convert this Mutta into Nikah.
(Please remember that Shia Fiqh gives first preference only and only to Nikah. Mutah is done in exceptional situations where one fears to indulge in Sin. I will come to these situations soon insha-allah).
================================
Moreover, you wrote:
Now, in the Shia Fiqh as I posted, the Muta marriage is not allowed for the Hashemite women, why? because it is not Halal for them, if it was halaal, why do your Ayatullah think that it is appropriate for you?.Brother, you already know that I cannot understand Arabic. And this is an english speaking forum. So why you are coming again and again with questions which giving reference to your ARabic Text?
So I don't know exactly who was that Alim, and what he wrote and what were his arguments. But I know two things:
1) Syed Women in Iran, Iraq and Lebanon do engage in Mutah relations.
2) As far as Ahle Bait is concerned, then Fatima Zahra (salam allah alailha) had special status (which is not given to any other women in this Ummah) i.e. Hadhrat Ali (as) was not allowed to marry any other woman till the time Fatima Zahra (as) was alive.
You also have to see the discussion of "Kafu", which has been done by Hadhrat Umar.
===================================
Moreover, you wrote:
By cutting and pasting from Shia sites unusually weird fatwas credited to some Sunni scholars whose views were for a different problem, the slavery that was abolished by islam, you are suggesting that the Shia scholars blessed Mutaa marriage considers Shia women today like how early converts to islam considered captive slave women during the early days of Islam, your usage of such logic is pathetic at best, beacause by just pasting and copying, you are doing a disservice to the Shia group you claim to belong to.In case of slavery, you made an innovation in Islamic Sharia as you claim that:
"Only Early converts to Islam considered captive slave woman during the early days of Islam..... "
My humble opinion is this that you have not done Justice and you are simply turing the facts.
This position of slave woman continued till this century where Muslims made a pact with whole World neither our women and men will be taken as captive slaves, nor we are going to take their captive women/men as slaves.
The early converts to Islam were Sahaba, who practiced all these acts with their slave women.
And then Rasool Allah (saw) passed away, but nothing changed in position of rights of slave women in Sunni Fiqh. It continued for centuries and many Sunni Fiqh books are written on slave women descrbing their same rights as in times of Rasool Allah (saw). And not only Sunni Fuqha wrote these rights in their books, but Jamhoor Ahle Sunnah practiced these rights.
It is simply a challange to you to show me the difference between status of slave women during the times of so called early converts to Islam (i.e. Sahab) and between the last 1300 years history of Islam.
So brother Nur, please don't change the facts and do Justice.
And question remains open to you to prove "When was Muttah Prohibited" instead of prohibiting it at you own by bringing Immoral Arguments.
===============================
Moreover you wrote:
And if that above logic is your proof that the principle of (Lending of The Vagina)(Icaaratul Farj) in which a Shia husband can allow his house guest to have intercourse with his wive in his absence,Brother Nur, this is one of the worst lie that you have told. There is no such thing in Shia Fiqh.
May Allah forgive you for telling lies against others. I thought you to have Taqwa, and you debating sensibilly. But Allah forbids to indulge in talk with those who are Zalimeen.
I seek Allah's refuge.
============================
Moreover, you wrote:
Of course at one point in islam Muta (with Witnesses) used to be halaal, also drinking alcohol, nudity in public ( even Quresih women used to make tawaaf around the haram naked in the early days), nine types of marriage, slavery, and all the evils that you can think off.Brother Nur, all these things are prohibited and there are Quranic Verses and Ahadith with Tuwatur upon these things.
But is there any Quranic Verse present which prohibts Muttah?
Or is there any hadith with Tuwattur present which prohibits Muttah?
This was the main topic of our discussion which none of you have still touched.
Are you unable to see that there are 4 Ahad (singular) Ahadith from 3 different Sahaba. But one can easily find out the fabrication of these 4 Ahadith as all of them are contradicting each other in terms of time of prohibitition of Muttah.
And as compared to these 4 contradicting Ahadith, there are testimonies of 20 + Sahaba and Tabaeen (from Sunni Sources) who are unanimous that it was only Umar Ibn Khattab who forbade Muttah at his own.
Now before comparing Muttah to doing nacked Tawaf or drinking in earlier days of Islam, it's a challange to you to show us:
1) Any contradiction in Ahadith which prohibit nacked Tawaf or drinking.
2) And testimony of 20+ Sahaba and Tabaeen who deemed nacked Tawaf or drinking Halal even long after the death of Rasool Allah (saw).
=================================
And last thing that you wrote:
One last question, if you do not mind, I understand that the Shia scholars consider Mutaa marriage to have many rewards, the more the better, can you relate to the audience if anyone shia you know experienced it and how they found it to be, specially these days with the AIDS epidemic?Brother Nur, again instead of touching the original topic (i.e. "When is Mutta prohibited"), you are going for secondary discussions. You see if Allah has made it Halal, then not even Hadhrat Umar has right to make it Haram and it is going to be Halal for ever.
Nevertheless, we will also indulge in this secondary discussion. Insha-Allah.
I need some time to reply to this, but at moment in brief words I want to tell you the experience of my cousin brother, who studied medicine in Russia. He has written whole article on it in Urdu (Pakistani language).
According to him, there were a lot of Sunni Students who were studing with him. And it was not drinking or haram meat which compelled them to sin, but it was impossible for some (many) of them to control when it came to Russian Girls.
And majority of them (90-95%) went to Discos for them.
And 60-70% slept with their girl friends.
And some 10-15% did Nikah later on with same girls.
Again in brief words, 95% Sunni students either slept with girls, or they masterbated.
(Note: Masterbation is Haram in Shia Fiqh and one has either to do Nikah or Muttah in this condition).
=======================
Consider it for yourself the hadith of Abdullah Ibn Masood (in Sahih Muslim), where he was saying that Sahaba wanted to castrate themselves while they were away from their wives for some time (for Jihad) and feared to indulge in Sin.
So those Great Sahaba with so much Iman were unable to control over themselves for a short period of time (when they were away from their wives).
Then tell me how it is possible for Sunni Students of today in Russia to control over themselves for 5 years? Do you think all of them are Angels and they are never going to do Zina or Masterbation??????
That is why Mawla Ali (as) said had Umar not forbidden Muttah, then on one among Ummah have committed Zina except the wretched one (Fatah ul Bari and many other Sunni Tafsir Books).
Was Salam.
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Bismillah
Salam Alaikum
Brother Salafi_Online, you wrote:
Sister do u mind shedding some more light on this, cause i really did
not understand what were saying!
Dear brother SalafiOnLine, I was reffering to one of the Innovation of
Hadhrat Umar in Islamic Law of "Giving Divorce" (i.e. he allowed to say
3 Talaqs at same time which is against Sharia and equal to playing with
Book of Allah)
And as result of this Innovation, these evils are taking place in
Soceity that Men say 3 Talaqs in anger, and then next morning again
come to divorced wives and sleep with them.
Umar Ibn Khattab innovating in relation to the laws on divorce
Allah (swt) has told very clearly in "Sura Talaq", the way of giving
divorce:
Al-Qur'an Surah 65, Ayah 1-2
(Translation by Yusuf Ali)
O Prophet! When ye do divorce women,
divorce them at their prescribed periods, and count (accurately), their
prescribed periods: And fear Allah your Lord: and turn them not out of
their houses, nor shall they (themselves) leave, except in case they
are guilty of some open lewdness, those are limits set by Allah: and
any who transgresses the limits of Allah, does verily wrong his (own)
soul: thou knowest not if perchance Allah will bring about thereafter
some new situation.
Thus when they fulfil their term
appointed, either take them back on equitable terms or part with them
on equitable terms; and take for witness two persons from among you,
endued with justice, and establish the evidence (as) before Allah. Such
is the admonition given to him who believes in Allah and the Last Day.
And for those who fear Allah, He (ever) prepares a way out,<br
style="font-weight: bold;">
There have been several innovations made by Hadhrat Umar in the Shar'i
practice of issuing divorce.
Hadhrat Umar innovated and changed the ruling of Rasool Allah's by
treating three pronounced divorces at one and same time as one
Let us see the testimony of Ibn Abbas that Hadhrat Umar changed the
Islamic Shar'ia by introducing a new law:
Abu al-Sahba' said to Ibn 'Abbas:
Enlighten us with your information whether the three divorces
(pronounced at one and the same time) were not treated as one during
the lifetime of Allah's Messenger (may peace be upon him) and Abu Bakr.
He said: It was in fact so, but when during the caliphate of 'Hadhrat
Umar (Allah be pleased with him) people began to pronounce divorce
frequently, he allowed them to do so (to treat pronouncements of three
divorces in a single breath as one).<br
style="font-weight: bold;">
Sahih Muslim, Book 009, Number 3493
Talaq Given during Menses doesn't occur, but Hadhrat Umar Changed this
Shria Rule at his own
Look at the Sunnah of Rasool Allah [saww].
Ibn 'Hadhrat Umar (Allah be pleased
with them) reported that he divorced his wife while she was
menstruating during the lifetime of Allah's Messenger (may peace be
upon him). 'Hadhrat Umar b. Khattib (Allah be pleased with him) asked
Allah's Messenger (may peace be upon him) about it, whereupon Allah's
Messenger (may peace be upon him) said: Command him ('Abdullah b.
'Hadhrat Umar) to take her back (and keep her) and pronounce divorce
when she is purified and she again enters the period of menstruation
and she is again purified (after passing the period of menses), and
then if he so desires he may keep her and if he desires divorce her
(finally) before touching her (without having an intercourse with her),
for that is the period of waiting ('ldda) which God, the Exalted and
Glorious, has commanded for the divorce of women.<br
style="font-weight: bold;">
Sahih Muslim, Book 009, Number 3473
Playing with Book of Allah
Mahmûd ibn Labîd said,<br
style="font-weight: bold;">
The Messenger of Allâh, peace
and blessings of Allâh be on him, was informed about a man who
divorced his wife, divorcing (her) three times together, so he stood up
in displeasure and said:
"Is the Book of Allâh being
sported with while I am in your midst? "<br
style="font-weight: bold;">
(Nisai. 27:6.)
Same Tradition is reported in Sunnan Abu Dawud in these Words:
It is narrated by Mehmood bin Labeed:<br
style="font-weight: bold;">
Some one told Rasool Allah (saw) that
someone gave three divorces to his wife at the same time (in same
company). After hearing this neswes, Rasool Allah (saw) stood up with
anger and he said: "The people have started playing with Book of Allah,
while I am among them." Upon this another man stood up and asked Rasool
Allah (saw), "May I go and kill him?".<br
style="font-weight: bold;">
Reference: Sunnan Abu Dawud, Chapter
of "Bab ul Thilasa al-Majmua wa ma fihi min al-taghleez 1705, hadith
3433, page 468
Again the following Traditions shows clearly that Talaq doesn't occur
in State of Mensturation (a rule which later changed by Hadhrat Hadhrat
Umar).
Sunnan Abu Dawud:<br
style="font-weight: bold;">
Book 12, Number 2191:<br
style="font-weight: bold;">
Narrated Abdullah ibn Abbas:<br
style="font-weight: bold;">
Abdu Yazid, the father of Rukanah and
his brothers, divorced Umm Rukanah and married a woman of the tribe of
Muzaynah. She went to the Prophet (peace_be_upon_him) and said: He is
of no use to me except that he is as useful to me as a hair; and she
took a hair from her head. So separate me from him. The Prophet
(peace_be_upon_him) became furious. He called on Rukanah and his
brothers. He then said to those who were sitting beside him. Do you see
so-and-so who resembles Abdu Yazid in respect of so-and-so; and
so-and-so who resembles him in respect of so-and-so? They replied: Yes.
The Prophet (peace_be_upon_him) said to Abdu Yazid: Divorce her. Then
he did so. He said: Take your wife, the mother of Rukanah and his
brothers, back in marriage. He said: I have divorced her by three
pronouncements, Apostle of Allah. He said: I know: take her back. He
then recited the verse: "O Prophet, when you divorce women, divorce
them at their appointed periods."
Holding of Talaq without the
witnesses
They must also take notice that Qur'an makes it Obligatory to take 2
persons as witness when one wants to give Talaq:
Thus when they
fulfil their term appointed, either take them back on equitable terms
or part with them on equitable terms; and take for witness two persons
from among you, endued with justice, and establish the evidence (as)
before Allah.
Al-Qur'an Surah
65, Ayah 2 (Translation by Yusuf Ali
Hadhrat Umar, by imposing the law of pronouncement of three divorces at
same place and same time, also abandoned the rule of taking witnesses.
(According to Shia Fiqh, divorce can only take place in the presence of
two witnesses).
If you want to know about the evils of this innovation, then you must
go to the courts and police stations of Pakistan (and certainly in the
other Islamic countries too, but I am only witness in case of
Pakistan). You will see strange types of cases in court. For example,
women come in courts and claim that their respective husbands divorced
them thrice in anger. But their respective husbands deny any kind of
divorce.
From the prospect of women, they are telling the judges in courts, that
they cannot stay any more with their men as they divorced them thrice
in anger. And now they have come back to their senses and don't want to
give them freedom. And if they are compelled to go back to them, then
it would constitute (as they have become Haram for them after getting
divorce).
[Especially, in uneducated families of sub-continent, this evil is very
common.]
What choice has been left for these
innocent women?
If western world criticize this as humiliation for women, are they
wrong and ONLY spreading false propaganda against Islam?
Note:
The Salafi Alim of Saudia published Qur'an, writes in the commentary of
1st verse of Sura Talaq, that Imam Ibne Qayyam and Imam Ibne Taymiyyah
don't accept the concept of Talaq Bid'a i.e. the way of divorce
innovated by Hadhrat Umar.
-
Bismillah
Salam Alaikum
Mutah or Nikah with a Prostitute
=================================
Our opponents blame Muttah to be Zina. But they are wrong. There are many important points that they totally neglect. Most important among them is condition of "Iddah" (i.e. Waiting Period").
In Sunni Fiqh, one is allowed to do Nikah with prostitute, but condition is this that she becomes pure by observing Iddah.
Same is the ruling in Shia Fiqh about Nikah or Mutta with Prostitute. (i.e. if any Prostitute wants to do Tawba then it is allowed to enter marriage relation with her, provided she observes Iddah).
You see Prostitutes are those who go with several men in bed in same night. But those Sahabiat (who practiced Mutta by order of Rasool Allah (saw), they only went to new Sahabi only after becoming pure).
======================
Again my original question has been neglected and people are running after their conjectures and making Mutah Haram by proving it to be Immoral.
Brothers, should I show you the Ahadith from Sahah Satta that Sahaba Karam used to sleep with Slave woman and after little time used to sell them?????
(I have posted one such Hadith in above mail. And this hadith itself repeated many folds in Sahah Satta).
Was Salam.
-
Why talaq take place in 4 Sunni Fiqhs without Witness
In 4
Sunni Fiqhs, talaq is done when one says 3 times "Talaq Talaq Talaq" and
there is no witness necessary for this.
Holding of Talaq without the witnesses
They must also take notice that Qur'an makes it Obligatory to take 2
persons as witness when one wants to give Talaq:
Thus when they fulfil their term appointed, either take them back on
equitable terms or part with them on equitable terms; and
take for witness two persons from among you, endued with justice, and
establish the evidence (as) before Allah.
Al-Qur'an Surah 65, Ayah 2 (Translation by Yusuf Ali
Umar, by imposing the law of pronouncement of three divorces at same place and
same time, also abandoned the rule of taking witnesses. (According to
Shia Fiqh, divorce can only take place in the presence of two witnesses).
If you want to know about the evils of this innovation, then you must go to the
courts and police stations of Pakistan (and certainly in the other Islamic countries
too, but I am only witness in case of Pakistan). You will see strange types of
cases in court. For example, women come in courts and claim that their
respective husbands divorced them thrice in anger. But their respective husbands
deny any kind of divorce.
From the prospect of women, they are telling the judges in courts, that they
cannot stay any more with their men as they divorced them thrice in anger. And
now they have come back to their senses and don't want to give them freedom. And
if they are compelled to go back to them, then it would constitute (as they have
become Haram for them after getting divorce).
[Especially, in uneducated families of sub-continent, this evil is very common.]
What choice has been left for these innocent women?
If western world criticize this as humiliation for women, are they wrong and
ONLY spreading false propaganda against Islam?
Note:
The Salafi Alim of Saudia published Qur'an, writes in the commentary of 1st
verse of Sura Talaq, that Imam Ibne Qayyam and Imam Ibne Taymiyyah don't accept
the concept of Talaq Bid'a i.e. the way of divorce innovated by Umar.
-
Witness in Muttah
According to Jaffari Fiqh, both in Nikah and Muttah, the presence of
Witnesses is highly Recommended, but not obligatory.
Quran has several times mentioned the requirements about marriage like Haq Mehr,
Iddah, etc. But there is absolutely no mention of witnesses in Quran.
And
according to Ahadith, which are reached to us through Aima of Ahle-Bait
(as), presence of witnesses is highly recommended both in Nikah and Muttah, but
not necessary.
Sunni Ulama, who deem no witness necessary for Mutah or Nikah
Imam Nawawi:
Sahih
Muslim Book 008, Number 3252, Bab ul Nikah:
Sabra Juhanni reported: Allah's Messenger (may peace be upon him) permitted
temporary marriage for us. So I and another person went out and saw a woman of
Bana 'Amir, who was like a young long-necked she-camel. We presented ourselves
to her (for contracting temporary marriage), whereupon she said: What dower
would you give me? I said: My cloak. And my companion also said: My cloak. And
the cloak of-my companion was superior to my cloak, but I was younger than he.
So when she looked at the cloak of my companion she liked it, and when she cast
a glance at me I looked more attractive to her. She then said: Well, you and
your cloak are sufficient for me. I remained with her for three nights, and then
Allah's Messenger (may peace be upon him) said: He who has any such woman with
whom he had contracted temporary marriage, he should let her off.
In his commentary of this tradition, Imam Nawawi stated:
This hadith serves as proof that a Guardian and Witness is not required for
Nikah Mut'ah.
Some Other Sunni Ulama
Furthermore, a large number of Sunni 'ulama have agreed that witnesses are
not needed for a Nikah:
[*]Neel al Autar Volume 6 page 144 Bab Shahdath fi Nikah
[*]Al Hidayah Volume 2 page 204, Kitab al Nikah
[*]Fatawa Qadhi Khan Volume 1 page 153,Kitab al Nikah
We read
in Neel al Autar:
Abdullah ibn Umar, Abdullah ibn Zubayr, Abdur Rehman bin Mahdi and Uthman
have said that it is not obligatory to have witnesses at a Nikah.
We read in Fatawa Qadhi Khan:
For the recital of Nikah the declaration shall suffice, it is not compulsory
to have witnesses present.
We read in Hidaya:
Imam Malik has said that for a Nikah the declaration is the condition not
witnesses.
-
Bismillah
Salam Alaikum
Dear brother Noor, thank you for the reply. Unforunately it is in Arabic
which I cannot understand. And also I don't have any who can translate it into
English.
And also unfortunately, instead of concentrating on the Topic at hand, you
are trying to divert the attention towards issues which are not related to our
Topic of discussion.
And also in case of Muttah (your Arabic Text), you didn't touch the original
question of timing of prohibitation of Mutta, but instead of this trying to make
it Haram ( by using your conjecture and ) saying that it lac morals.
Although I haven't understood Arabic Text, but it seems to be the same Moral
Arguments which our Ahle Sunnah normally present against Muttah. So brother,
before doing this, just not forget the Islamic Rulings about "Slave Girls" in
Sunni Fiqh.
Let me give you some examples so that you can keep things in your mind that
you cannot make any thing Halal of Sharia Haram by using your conjectures.
Status of Slave Woman in Islam VS Status of Woman in Mutah
1) According to Sunni Fiqh one can sell his slave girl even after having
sexual pleasure with her.
Sahih Muslim
Book 008, Number 3371:
Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): 0 Abu
Sa'id, did you hear Allah's Messenger (may peace be upon him) mentioning
al-'azl? He said: Yes, and added: We went out with Allah's Messenger (may peace
be upon him) on the expedition to the Bi'l-Mustaliq and took captive some
excellent Arab women; and we desired them, for we were suffering from the
absence of our wives, (but at the same time) we also desired ransom for them
(by selling them). So we decided to have
sexual intercourse with them but by observing 'azl (Withdrawing the male sexual
organ before emission of semen to avoid-conception). But we said: We are
doing an act whereas Allah's Messenger is amongst us; why not ask him? So we
asked Allah's Mes- senger (may peace be upon him), and he said: It does not
matter if you do not do it, for every soul that is to be born up to the Day of
Resurrection will be born.
This hadith can be found many folds in Sahah Satta.
Ahle Sunnah brothers must open their eyes and think about the status of slave
woman in their fiqh before claiming Mutta to be Zina.
Only for those, who want to do justice and Allah (swt) has not put seal upon
their hearts:
Muwatta Imam Malik,Book 41, Number 41.6.19a:Malik said, "The best of what is heard about a slave-girl whom a man hasintercourse with while he has a partner in her is that the hadd is notinflicted on him and the child is connected to him. When the slave-girlbecomes pregnant, her value is estimated and he gives his partners theirshares of the price and the slave-girl is his. That is what is done among us."Malik said about aman who made his slave-girl halal to (another)man that if the one for whom she was made halal had intercourse with her, hervalue was estimated on the day he had intercourse with her and he owed that toher owner whether or not she conceived. The hadd was averted from him bythat. If she conceived the child was connected to him.Malik saidabout a man who had intercourse with his son's or daughter'sslave-girl, "The hadd is averted from him and he owes the estimated value ofthe slave-girl whether or not she conceives."Sunnan Abu Dawud:Book 12, Number 2304:Narrated Jabir ibn Abdullah:Musaykah, a slave-girl of some Ansari, came and said: My master forces meto commit fornication. Thereupon the following verse was revealed: "But forcenot your maids to prostitution (when they desire chastity)."Unable to understand how some Sahaba earned theirmoney.Book 38, Number 4445:Narrated Salamah ibn al-Muhabbaq:The Apostle of Allah (peace_be_upon_him) made a decision about aman who had intercourse with his wife's slave-girl as follows. If he forcedher, she is free, and he shall give her mistress a slave-girl similar to her;if she asked him to have intercourse voluntarily, she will belong to him, andhe shall give her mistress a slave-girl similar to her.Next time I try to collect Fatawas from Sunni Fiqh books for those who want
to learn (not for those who are enemies of Allah and start shouting when Truth
is shown to them).
Was Salam
-
Originally posted by N_O_O_R:Asalam AlaikumFirst sister im a bit confused here, not only because ur three long threads were not clear but because I dont have any idea of what mutta is all about.Care to explain Mutta'a to some one who never heard of it?Why do u think pple should do unnecessary thing while they have what it takes to do the necessary staff.CheersBismillah
Salam Alaikum
Dear brother/(sister??) Noor, actually it is some times impossible to make all people happy.
(I hope you heard the story of donkey and father and son)
So, please excuse me for not giving the full introduction of Mutta Marriage (as this discussion was already done in thread of Brother NUR (both of you are "Lights" with slight difference of spellings. LoL)
==================
Anyhow, you are right that perhaps 60% Muslims have never heard the name of Mutah Marriage before.
Let me give you a short introduction
In Islam, there were 3 types of marriages allowed.
1) Nikah Marriage (or permanant marriage)
2) Mutah Marriage (or temporary marriage)
3) Marriage with slave girls.
All these 3 types of marriages took place in times of Rasool Allah (saw) and Sahaba Karaam and Sahabiat did all 3 of them.
Muttah marriage is same as Nikah (except the limitation of time). For example for Mutah marriage following conditions are required.
1) Man and woman must agree on this this (i.e. Ijjab and Qabool)
(same as Nikah)
2) All women forbidden for Nikah, are also forbidden in Muttah (like mother, sister, daughter, foster sister....etc.)
3) Haq Mehr must be given by husband. (same as Nikah)
4) Woman must be pure before getting into Muttah marriage (like divorced woman has to get pure by observing Iddah before she gets marry again).
5) Chlidren belongs to husband (same as Nikah). And father is responsible for education and growth of children. There is no difference between children of Nikah and Muttah marriage.
...... etc.
The difference between Nikah and Muttah is only this that in Muttah, there is a certain limit of time, and after this woman automatically gets divorce.
(and after divorce she has to observe Iddah once again).
================
Now there is a dispute if Muttah marriage is still Halal in Sharia, or has been prohibited.
All Muslims believe that Muttah marriage was atleast practiced till 7th Hijri (Fatah of Khaiber) i.e. Sahaba and Sahabiat did this mutah marriage from the orders of Rasool Allah (saw) till 7th Hijri.
Our Ahle Sunnah brothers claim that after 7th Hijri, Rasool Allah (saw) prohibited it.
While Shias believe that Rasool Allah (saw) never prohibited it whole of his life, but it was prohibited years later by Hadhrat Umar, when he became caliph.
So Shias also say that Sharia is from Allah (swt) and no one has right to make any Halal of Sharia Haram and prohibiting from Muttah marriage is a Bidah of Dhlalah (misguidance).
=======================
Among Ahadith of Ahle Sunnah, there are 7 Ahadith which show that Rasool Allah (saw) prohibited it during his own life.
But all 7 of them are contradictory to each other and showing different different timings.
As compared to these 7 contradictory Ahadith, there is testimony of 20+ Sahaba and Tabaeen, which are unanimous that it was forbidden later on by Hadhrat Umar.
(And all these testimonies are recorded in Ahle Sunnah Ahadith books).
As far as Shia Ahadith books are concerned, there is almost Tuwatur that it was Hadhrat Umar who later forbade it.
============================
So brother NOOR, this is a short introduction and history of Muttah marriage.
Hope it helps.
Was Salam.
-
Mutta is not Zina
==================
1) Mutta is not Zina. Can any one imagine that Sahaba and Sahabiat used to do Zina till 8th Hijri by the orders of Rasool (saw)?
Iddah [Muttah Vs. Zina]
=======================
2) In Muttah, there is Iddah (waiting period) is necessary for woman.
While in Zina there is no Iddah, but a woman can sleep with tens of Men at same time.
And when we show these brothers the Issue of Iddah, then these brothers still start denying that there is no Iddah in Muttah.
As answer, I respectfully say to these brothers that Allah (swt) revealed the orders of Iddah in Sura Nisah, which has been revealed by Ijmah in the very beginning period of Madina.
Now question is:
If there is really no Iddah in Muttah, then did all the Sahabaiat , who performed Mutta till 7th Hijri, did they go to new husbands without getting pure from their earlier husbands????
Decision lies in your hands.
4) A child born out of Mutta is ligitimate and all his expeses of growth, education, medical etc. is upon the husband.
This child has same rights in Property and all other things, like there is right of a child, who is born out of Nikah.
Now it is an invitation to those brothers who declare it to be Zina, to show us such rights of a child in father's property, who is born out of Zina.
Other major differences between Mutta and Zina
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1)In prostitution, a woman can have sex with
several men at same time. While in Mutta, woman is allowed to have only one man a time. Afterwards, she has to get pure to have any relationship with other person.
2)Arabic Sentences must be pronounced while doing Mutta (same like Nikah)
3)Haq Mehr is obligatory in Mutta (just like
NIkah)
4) Man is responsible for the children. And these children have the same rights as children from Nikah.
5) If woman becomes pregnant in Mutta, then her
Iddah is till the delivery of child.
Was Salam.
-
(Brother Nur, I hope you will not mind for this new thread. It is only an attempt to make people realise why these differences exists.
So, with your permission)
When Was Mutta
Prohibited?
According
to Sunnis, Muta was practiced till 7th Hijri (i.e. after migration to
Madina). This is agreed by almost all sunnis. But the argument
lies whether it was prohibited later on by Allah or not. Before i
continue, this point must be remembered that Muta was once allowed in
Islam, so why criticize it such that it was a thing of pre-islamic
days?
The
Quranic Verses that Sunni brothers quote for prohibition of Muta are
in Surahs, which are by Ijma revealed in Mecca or in initial time of
Madina. Maulana Modoodi checked all these quranic verses and came
to conclusion that it is only conjecture to say that these verses
prohibit Muta.(Please see his
Tafheem-ul-Quran, Tafseer of verse 5 of Sura Mominoon)
Some
people fabricated Ahadith to prove that quran prohibited Muta.
Unfortunately, our sunni brothers still quote these Ahadith. Such
fabricated ahadith are listed below.
Hadith
1
Abdullah Ibn 'Abbas (r.a.a.) said: "Temporary
marriage was at the beginning of Islam. A man comes by a town where
he has no acquaintances, so he marries for a fixed time depending on
his stay in the town, the woman looks after his provisions and
prepares his food, until the verse was revealed: "Except to your
wives or what your right hands possess." Ibn 'Abbas explained
that any relationship beyond this is forbidden. [narrated
by Tirmidhee]
Objection: Contrary to
above Hadith, Ibn Abbas was the person who very very strongly
promoted Mutta and even fought people for that. There are a lot of
Ahadith which confirm this fact. The above hadith claims that Ibn
Abbas said that muta became Haram after the revelation of verse
"Except to your wives or what your right hands possess."
Now this verse is either in Sura Nisa,
or in Sura Muminoon (23rd Sura).
And by Ijma of Sunni Ulama, Sura Muminoon was revealed in Mecca
and Sura Nisa was revealed in the very early part of Madinan Life.
While Muta was practiced(according to Sunnies) at least till 7th
Hijri.
Hadith 2
'A`isha said: "It
has been forbidden in the Qur'an in the words of the Most High: "And
those who preserve their private parts except with their spouses or
what their right hands posses, then they would have no blame."
[23:5].
Objection:
Verse [23:5] is from Sura
Muminoon, which is by Ijma revealed in Mecca. Please see
introduction to this Surah by Maudoodi. Extremist Sunni brothers
forcefully try to deduce the result that it prohibits Muta. But
understanding of Rasool Allah (saww) is contrary to these people and
he allowed Sababa to perform Mutta long long after revelation of this
verse.
Summary of all Ahadith which
Prohibit Muta
There are only 4 such
Ahadith, which are transmitted by only 3 Sahaba (through different
chains). Please don't get confuse when Sunni brothers present a
lot of Ahadith. If you see the chain, then they return to only these
3 persons.
The names of these 3 companions are:
1)
Rabi Ibn Sabra (who narrates it from his father Sabra Jahani)
2)
Ali Ibn Talib
3) Salma b. al-Akwa'
ALL
narrations of these 3 companions are CONTRADICTORY to each other. All
these narrations from these 3 companions are contradictory to each
other with respect to the "Time of Prohibitition Of Mutta"
1)
Hadith of Ali claims Muta was prohibitted in 7th Hijri (at
Khaiber)
2) In one Hadith, Ibn Sabra claims
that Muta was prohibited in 8th Hijri (at victory of Mecca).
While in other tradition, this same Ibn Sabra claims that Mutta
was prohibited in 10th Hijri (at Last Pilgrimage Hujjatul Wida)
3)
While Salma b. al-Akwa claims that Mutta was prohibited in 9th
Hijri (i.e. in year of Autas, which was after battle of
Hunain)
They cannot simulteneously use all these 3
in order to prove prohibitation of Mutta by Rasool Allah (saww). In
comparison to above mentioned 3 Reports (which even contradict each
other), there are witnesses of 20+ Sahaba and Tabaeen, which are
UNNANIMOUS that it was Umar who forbade Muta.
Narrated
'Imran bin Husain: "The Verse of Mut'a was revealed in
Allah's Book, so we did it at the time of Allah's Apostle, and
nothing was revealed in Quran to make it illegal, nor did the Prophet
prohibit it till he died. But a man (who regarded it illegal)
expressed what his own mind suggested."
Sahih
al-Bukhari, Arabic-English, v6, Hadith #43
Sahih al-Bukhari,
Arabic, v2, p375, v6, p34
Musnad Ahmad Ibn Hanbal, v4, p436
on the authority of 'Imran Ibn al-Qasir
Narrated
'Abdullah Ibn Masud: We used to participate in the holy battles
led by Allah's Apostle and we had nothing (no wives) with us. So we
said, "Shall we get ourselves castrated?" He forbade us
(to castrate ourselves) and then allowed us to marry women with a
temporary contract (Mut'a) and recited to us: 'O you who believe!
Make not unlawful the good things which Allah has made lawful for
you, but commit no transgression.' (5.87)
Sahih
al-Bukhari, Arabic-English version, v7, Tradition #13a
Sahih
al-Bukhari, Arabic, v6, p11, under Tafsir of verse 5:87 of
Quran
Sahih Muslim, Arabic version, 1980 Edition Pub. in
Saudi Arabia, v2, p1022, Tradition #11, "Kitab al-Nikah, Bab
Nikah al-Mut'a"
Sahih Muslim, English version, v2,
chapter DXLI (titled: Temporary Marriage), Tradition #3243
[Please
Note: Ibn Masood mentioned the verse (5:87)
i.e. Sura Maida, which was revealed
after Hudaybiyyah i.e. in 7th Hijri]
Another
companion who opposed this innovation of Umar, was his own son!! His
name was Abdullah Ibn Umar. He was in favor of both Mut'a of Hajj and
Mut'a of women. I give two traditions expressing each Mut'a. It is
narrated in Sahih al-Tirmidhi that: "some one asked Abdullah
Ibn Umar about Mut'a (of Hajj), he said: It is permitted (Halaal). So
he was asked: your father forbade it. He said: Do you think that my
father can forbid what the Prophet did? Should I follow what my
father said, or should I follow what the Prophet ordered? The man
said: Of course the orders of the Prophet (&HF)."
Sahih
al-Tirmidhi, v1, p157
Tafsir al-Qurtubi, v2, p365, reported
from al-Darqunti
"Ali 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 a
(Shaqi/Shafa)."
Bidayat
al-Mujtahid, by Ibn Rushd, v2, p58
al-Nihaya, by Ibn
al-Athir, v2, p249
al-Faiq, by al-Zamakhshari, v1,
p331
Lisan Al-Arab, Ibn Mandhoor, v19, p166
Taj
al-Aroos, v10, p200
Fat'h al-Bari, v9, p141
Kanz
al-Ummal, by al-Muttaqi al-Hindi, v8, p293
Al-Iqd Al-Fareed,
v2, p139
Umadat al-Qari,
by al-'Ayni, v8, p310, (reports Mut'a was Halaal at the
time of the Prophet + Abu Bakr + some of the Umar's period.)
Imran
Ibn Sawadah reported: I went to Umar's house and told him that
I want to give him some advice. His reply was, "The person
giving good advice is welcomed anytime." I said, "Your
community finds fault with you on four accounts." Umar put
the top of his whip in his beard and the lower part on his thigh.
Then he said, "Tell me more." I continued, "It has
been mentioned that you declared the lesser pilgrimage forbidden
during the months of pilgrimage..." He answered, "It is
permitted. (But the reason that I forbade it was that) if they were
to perform the lesser pilgrimage during the months of the pilgrimage,
they would regard it as being a lieu of the full pilgrimage, and
(Mecca) would be celebrated by no one, although it is part of God's
greatness. You are right."
I continued, "It
is also said that you have forbidden temporary marriage, although it
was a license given by God. We enjoy a temporary marriage for a
handful (of dates), and we can separate after three nights." He
replied, "The Messenger of God permitted it at the time of
necessary. Then people regained their life of comfort. I do not know
any Muslim who has practiced this or gone back to it (after I
forbade). Now, anyone who wishes to, can marry for a handful (of
dates) and separate after three nights. You are right." I
continued, "You emancipate a slave girl if she gives birth,
without her master's (consenting to) the emancipation... (and the
fourth complain is) There have been some complaints of your raising
your voice against your subjects and your addressing them harshly."
...
History of al-Tabari, English
version, v14, pp 139-140
Abu Nadhra said:
Ibn Abbas commanded to do Mut'a while Ibn Zubair forbade to do it.
I mentioned this to Jabir Ibn Abdillah and he said: It is through me
that this Hadith has been circulated. We did Mut'a (of Hajj and
women) at the time of the Messenger of Allah. When Umar was installed
as Caliph, he said: Verily Allah made permissible for his Messenger
whatever He like and as He liked. And its command was revealed in
Quran. Thus accomplish Hajj and Umra for Allah as Allah has commanded
you, and confirm (by reverting to permanent marriage) the marriages
of those women (with whom you have performed Mut'a). And any
person would come to me with a marriage of appointed duration (i.e.
Mut'a) I would stone him.
Sahih
Muslim, English version, v2, chapter CDXLII, Tradition #2801
Sahih
Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p885,
Tradition #145.
Jabir Ibn Abdullah
reported: "We contracted temporary marriage giving a
handful of the dates or flour as a dower during the life time of
Allah's Messenger (may peace be upon him) and during the time of Abu
Bakr until Umar forbade it because of Amr Ibn Huraith.
Sahih
Muslim, English version, v2, chapter DXLI (titled: Temporary
Marriage), Tradition #3249
Sahih Muslim, Arabic version,
1980 Edition Pub. in Saudi Arabia, v2, p1023, Tradition #16, "Kitab
al-Nikah, Bab Nikah al-Mut'a"
Ibn
Juraih reported: Ata' reported that Jabir Ibn Abdullah came to
perform Umra, and we came to his abode, and the people asked him
about different things, and then they made a mention of temporary
marriage, whereupon he said: Yes, we had been benefiting ourselves by
this temporary marriage during the life time of the Holy Prophet (may
peace be upon him) and during the time of Abu Bakr, and Umar.
Sahih
Muslim, English version, v2, chapter DXLI (titled: Temporary
Marriage), Tradition #3248
Sahih Muslim, Arabic version,
1980 Edition Pub. in Saudi Arabia, v2, p1023, Tradition #15, "Kitab
al-Nikah, Bab Nikah al-Mut'a"
Muslim
al-Qurri said: I asked Ibn Abbas about Mut'a and he permitted it,
where as Ibn Zubair had forbidden it. So Ibn Abbas said: "This
is the mother of Ibn Zubair who states that Allah's Messenger had
permitted it, so you better go to her and ask her about it. He
(Muslim al-Qurri) said: So we went to her and she was a bulky blind
lady. She said: Verily Allah's Messenger permitted it.
Sahih
Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p909,
Traditions #194-195.
Ibn Hazm (d. 456)
who is one of the Sunni scholars, in his book "Muhalla"
gave the name of some of the companions and their disciples who
believed that Mut'a is Halaal. In the 9th section of the chapter
of Marriage in his book "Muhalla",
Ibn Hazm gives a detailed account of Mut'a and its regulations. Among
the numerous companions and their disciples who believed in
practicing Mut'a after the demise of the Prophet are:
Imam
Ali , Abu Dhar, Jabir Ibn Abdillah, Abdullah Ibn Abbas, Abdullah Ibn
Masud, Zubair Ibn al-Awwam, Imran Ibn Husain, Abdullah Ibn Umar, Ubay
Ibn Ka'ab, Abu Sa'id al-Khudri, Salamah Ibn Umayyah, Awka' Ibn
Abdillah, Salamah Ibn al-Awka', Khalid Ibn Muhajir, 'Amr Ibn Huraith,
Rabi'a Ibn Umayya, Suhair, Sa'id Ibn Jubair Tawoos, Qotadah, Mujahid,
Ataa al-Madani al-Suddy, and Imam al-Hasan , ...
004.082:
Do they not then meditate on the Quran? And if it were from
any other than Allah, they would have found in it many a
discrepancy.
How
nice is the verse 4:82 of Quran describes that one can find many
contradictions in something that is not from Allah.
There
are 7 Fabricated "AHAD" Ahadith, which contradict each
other. Two Sunni scholars: al-Qurtubi (in his commentary of Quran)
and al-Nawawi (in his commentary of Sahih Muslim) counted the no. of
Ahadith (which ban Mutta). At end, they come to conclusion
that there are 7 such Ahadith.
But they also
mentioned the following 2 facts about them:
1) All of
them are Ahad
2) All of them are contradicting
each other regarding the timings (i.e. when Rasool saww. banned
it)
I have collected these 7 timings here, so that
people can see the contradiction in those things, which they have
made themselves:
1st Timing:Reffered to
Hadhrat Aisha that she claimed it was banned in Mecca (surah
Mominun) (Quran 23:1-7)
2nd
Timing:Reffered to Ibn Abbas that he claimed it was
banned when Sura Nisa was revealed (in the very early years of
Madina)
3rd Timing:It was claimed that
it was made Haram when the following verse was revealed:"And
those who guard their private parts, except with their wives or the
slave girls who rightfully possess for (in their case) they are free
from blame. But those who go beyond that are transgressors."
(Quran 70:29-31)
But
the person, which fabricated this hadith, didn't know that this Surah
of al-Ma'arij (Ch 70) was revealed in Mecca, and
Mutta was practiced by Ijma of Sunnies till 7th hijri in
Madina.
4th Timing:Reffered to Ali that he
claimed it was banned in 7th Hijri.
5th
Timing:Reffered to companin Ibn Sabra Al-Juhani, that he
claimed it was banned in 8th Hijri at the time of victory of Mecca
(i.e. he practiced mutta with a woman of tribe of Bani Aamir)
6th
Timing: Reffered to companion Iyas ibn Salam, who claimed mutta
was practice till 9th Hijri and it was banned in the year of Autas
(after the battle of Hunain).
7th Timing:Again
reffered to Ibn Sabra Juhani that he claimed that Mutta was banned
in 10th Hifri at the time of last pilgrimage.
May
Allah's curse be upon those who fabricate ahadith and lie upon Rasool
Allah (saww).
Here is the Fatwa of Sunni Hadith Master "Hafidh
Jalaluddin Syuti" about Umar Ibn Al-Khattab.
"He
(Umar) is the first who made Mut'a forbidden (Haraam)."
Tarikh
al-Khulafaa, by al-Hafidh Jalaluddin al-Suyuti, p136
Also
Both Ibn Jarir al-Tabari and al-Zamakhshari narrated that:"al-Hakam
Ibn Ayniyah was asked if the verse of Mut'a of women is abrogated. He
answered: 'No'."
Tafsir
al-Tabari, under commentary of verse 4:24 of Quran, v8, p178
Tafsir
al-Kashshaf, by al-Zamakhshari, under the verse 4:24, v1, p519
Also
al-Qastalani wrote:The phrase "But a man said with
his opinion what he wished" (as was mentioned in the
authentic Sunni books such as Sahih al-Bukhari), is Umar Ibn
al-Khattab and not Uthman, because he was the first to forbid Mut'a.
So the one came after him (i.e., Uthman) was only following him in
that action."
al-Irshad, by
al-Qastalani, v4, p169
As proved that the
sunni hadiths claiming to ban Muta are extremeley contradictory to
one another and a fabrication, as the same sunni books also prove
that Muta was allowed till the era of Umer, who later forbade it.
According to shia traditions, only one kind of ahadith are found,
Muta was allowed by Allah as a mercy for Muslims, until Umer forbade
it and followed what his own mind said. And we, the shias tend to
Follow Allah and his Rasool (saww) and not Umar.
-
Bismillah
Salam Alaikum
I am a new member and want to say Hallo to all here.
I read brother Nur's thread about "Shia Fiqh". There are some points which I want to make clear.
Let's start it from Mutah
So, in name of Allah, we start our discussion.
When was Mutta Prohibited??
in General
Posted
Bismillah
Salam Alaikum
May Allah bless you sister OG, and my heart is happy to see that I will be benefitted with your company here.
Upon your good advice, I have deleted 3 of my earlier non-important posts. Hope now people can find the important things. Insha-Allah.
====================
And I don't know Arabic, but this same discussion took place at www.shiachat.com , where one Shia brother Hizbullah has given this Arabic Text (without Translation).
And he challanged all non shias and non of them was able to answer him.
Please see it for yourself at:
http://www.shiachat.com/forum/index.php?showtopic=27254&st=50#
And you will understand how I was able to present it without knowing Arabic.
=============================
And sister, Regarding DNA tests and Fathership, I already thought upon it long and long and has come to following conclusion.
1) The problem of DNA Test and Fathership cannot be problem, as woman has to observe Iddah after Muttah (i.e 2 menturation circles, and it is same as of Slave Women).
2) And if Hadhrat Umar was sincere about rights of women, then why he didn't prohibit intercourse with Slave Women?
You see master has right to have intercourse with his slave woman, and then sell him further (as Sahaba Karam used to do).
3) And with respect Sister OG, I also want to state the following:
- I believe that raising the Status of Muslim Women by Prohibiting Muttah or Islamic Right of Man to have 4 permanent wives, will not serve.
- I stronly believe in that what Mawla Ali (as) has said i.e. had Umar not forbidden Muttah, then no one among Ummah had committed Zina, except the wretched ones.
- I strongly believe that we are facing a looooot of social problems now-a-days, but we are not paying attention to them. e.g.
1) In Pakistan average age for man to marry is 30+
2) Pakistan is an Islamic country, but half of our cenimas shows Porno films openly.
3) And people are protesting that our youngsters are doing nothing in Internet Caffees except watching porno sites. (Please also see ARD Channel Report on Pakistani Internet Caffees)
4) There are thousands of Video Film shops in Pakistan, and all of them have a porno Section.
5) A report says that 95% or above yongsters in Pakistan masterbate.
Now I question, who are these men? They are either our sons, or brothers or fathers. So can I let my sons or brothers indulge in these immoral sins like masterbation and seeing porno films and whistling behind every girl?
=============================
Let me give you few more examples:
In Iran, Shia women are against Muttah (i.e. it's same as Sunni Women in Pakistan are against Islamic Right of 4 wives.
But due to this prostitution rose so high in Iran that now these same women organisations are convincing people for Mutah.
(In Islamic Pakistan, we also have open red light areas and thousands of people visiting them each night)
==========================
Also look it from this angle that Sahabi Abdullah Ibn Masood was away for Jihad for some days and was unable to control over himself and feared to indulge in sin )of comitting Zina or masterbation).
That is why he asked Rasool Allah (saw) permission to castrate himself. But Rasool Allah (saw) asked him to do Muttah.
===========================
And also remember that Sahaba were unable to control over themselves for 30 Days of Ramadhan and visited their wives from back doors.
Now consider things about our youth who go for 4-5 years to study abroad.
Should we believe that our youth show more Iman than than Sahaba and become angels for these 4-5 years?
Here I end my discussion with what Mawla Ali (as) said about Muttah (as quoted above).
Was Salam.
(PS: Insha-Allah, I would also talk about Women, and their needs and rights)