Hadith of Umar's speech of forbidding Mut'ah

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

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.

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.

Mut'ah

Only stating "Mut'ah" can denote either "Nikah Mut'ah", or "Mut'ah of Hajj", or both at the same time.

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.

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 I would stone istr|rajm him."

(another narrator of hadith,) Qatada narrated this (above) hadith with the same chain of transmitters saying (that 'Umar also said):

:"Separate your Hajj from 'Umra, for that is the most complete Hajj, and complete your Umra."|ref= [muslim|7|2801] |Sunni= as Sahih|SunniS=Sahih Muslim|Shia=as Sahih

PresentScholar|Waheed uz-Zaman|?|Sunni|Deobandi writes:

PresentScholar|Ali ibn Abd-al-Malik al-Hindi|10th|Sunni writes:

The above is also quoted in Ahkaam al-Quran [ Ahkaam al-Quran Volume 2 p 182] and also Tafsir al-Kabir by Fakhr al-Din al-Razi [Tafsir al-Kabir (al-Razi) [http://www.answering-ansar.org/answers/mutah/tafseer_alkabeer_p42_43.jpgPage 42 & 43] ]

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.

unni 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 [Bukhari|7|62|51] :

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 Fact|date=February 2007. 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:

The Sunni work al-Maudhooroth states:

PresentScholar|Waheed uz-Zaman|Nth|Sunni|Deobandi states:

Umar was the first

PresentScholar|Fakhr al-Din al-Razi|14th|Sunni|Shafi'i states:cquote|bgcolor=#F0FFF0|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.
* It was halaal and the Sahaba adopted hypocrisy by maintaining their silence and this is batil since it suggests Umar and the Sahaba committed kufr. By deeming a Halal Mut'ah haram, or as Rasulullah(s) didn't forbid is an act of rebellion and alleged Kufr on Umar. The silence of the Sahaba, constituted their support for Umar, this is disrespect of the Sahaba and points to Kufr on their part. It is not acceptable to accept kufr on the point of Umar and the Sahaba. Its also not acceptable to deem Mut'ah to be halaal.
* Sahaba remained silent before Umar because they didn't know whether Mut'ah was Halal or Haram and they needed to look into the matter. This assertion is also Batil, since Mut'ah like Nikah affected daily like hence to suggest the Sahaba had no knowledge on this issue is unacceptable.
* Sahaba remained silent because Mut'ah was haram, Umar stated the same as they didn't raise their voices since the illegality of Mut'ah was proven.

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 [Tafsir al-Kabir (al-Razi) Volume 3 p. 96]

Ibn Qayyim Al-Jawziyya states:

PresentScholar|Fakhr al-Din al-Razi|13th|Sunni|Shafi'i 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.

PresentScholar|Al-Qastallani|15th|Sunni|Shafi'i writes:

PresentScholar|Suyuti|16th|Sunni writes:

PresentScholar|Yahiya ibn Sharaf al-Nawawi|13th|Sunni|Shafi'i writes:

Seerath ul Halbeeya:

hi'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 , 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 [http://www.al-islam.org/ 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 [ [http://al-islam.org/encyclopedia/chapter6a/2.html Temporary Marriage in Islam (Part II) ] ] .

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 [ [http://www.answering-ansar.org/answers/mutah/en/chap7.php Answering-Ansar.org :: Mut'ah, a comprehensive guide ] ] . 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.

References

ee also

*List of hadith