Hadith of Ibn al-Zubayr and Mut'ah

Several recorded oral tradition among Muslims (Arabic: "Hadith") are about comment certain argumentations between Muhammad's companions, after the latters death. Although those narration are often quoted and referred to, they are 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

Introduction

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.

There are multiple narrations that state that Nikah Mut'ah was used by Muhammad's companions, several of those narrations considered as authentic by all Muslims.

Nikah Mut'ah's current day legality is a controversial issue among Shi'a and Sunnis, something that can be traced back to the generations of Muhammad.

Asma bint Abu Bakr

Asma was one of the daughters of Abu Bakr, the other daughter being A'isha. Asma had a son with Zubayr ibn al-Awwam: Ibn Zubair.

All the people named were prominent members of the first Muslim community.

Ibn Abbas and Ibn Zubair

Both where famous and very prominent contemporaries of Muhammad (Arabic: "Sahaba"), and both where very young when Muhammad died, Ibn abbas being 13 years old, and Ibn Zubair being even younger.

Overview

Most of this narrations are about Ibn Abbas and Ibn Zubair arguing heavily regarding the legality of Nikah Mut'ah, and several of the sources state that Ibn Zubair mother, Asma bint Abu Bakr, engaged in Nik'ah Mut'ah. Some of them state that she did so with Zubair, with whom she got her children [
*Musnad Abu Daud al Tayalsee Volume 7, Page 227 (printed in Hyderabad) [http://www.answering-ansar.org/answers/mutah/masnad_abu_daud_v7_p227.jpg]
*Tafsir al-Mazhari [http://www.answering-ansar.org/answers/mutah/tafseer_almazhari_nisa_p74.jpg]
*Aqd al Fareed, Volume 3, Page 157 [http://www.answering-ansar.org/answers/mutah/aqd_alfareed_v3_p157.jpg]
*Sunan al Kabeera al Nasai Volume 3 page 135 (printed Beirut)
*Ma'ani Al-Athar Volume 2 page 16 (printed Deoband)
*Nayl al-Awtar Volume 6 page 135 (printed Egypt)
*Talkhees al Kabeer Volume 3 p. 59 by ibn Hajar Abi Bakr
*Maudhourath Volume3 p. 14
*Murujh al Dhahab Volume 3 p. 0 Dhikr Mu'awiya b Yazeed
*Sharh Muwatta of Dhurqani Volume 3 p. 54
*Sharh Ibn al Hadeed Volume 4 p. 75] .

Narration

Please note that apart from the ones quoted from Sahih Muslim the rest of these ahadith are deemed weak or fabricated by Muslim scholars.

PresentScholar|Muslim ibn al-Hajjaj|9th|Sunni, and compiler of the famous Sahih Muslim writes:

PresentScholar|Ibn Qayyim Al-Jawziyya|10th|Sunni|Hanafi writes [Zad al-Ma'ad Volume 1 p. 19] :

PresentScholar|Ahmad ibn Hanbal|9th|Sunni|Hanbali writes:

*PresentScholar|Ahmad ibn Muhammad al-Tahaawee|8th|Sunni|Hanbali writes [Sharh Ma'ani al-Asar Volume 2 page 14, Chapter on Mut'ah]

In Maudhoorath [Al Maudhoorath Volume 3 p. 14] :

*PresentScholar|Ibn Hajr Asqalani|15th|Sunni|Shafi'i narrates as follows [Ibn Hajr Asqalani in 'Talkhees al Haseer fi Takhreej al Hadeeth al Rafa al Kabeera' Volume 3 page 159 (printed Cairo)] :

*Al-Raghib al-Isfahani reported [al-Maudhoorath Volume 2 page 96] :

Muslim view

Muslims view this hadith as notable partly since they relate to important topics and personalities of the early Islamic society.

unni view

Sunnis considered at least some of the hadith to be Sahih, ending up in Sahih Muslim, their second most trusted hadith collection. The Musnad of Imam Ahmad is not part of the Sahih Sittah (6 most authentic collections of ahadith) and even if it was then not all of the ahadith in the Sahih Sittah are deemed to be authentic.

This event resulted in people going to the very old Sahaba Jabir ibn Abd-Allah (ra) to gain a third opinion, and he retold the Hadith of Umar's speech of forbidding Mut'ah. Umar simply took to strictly enforcing a prohibition that had already been ordained by the Prophet (saw).

presentScholar|Muhammad ash-Shawkani|19th writes:

Also:

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

presentScholar|Ali al-Qari|17th|Sunni|Hanafi writes:

presentScholar|Sayyid Abul Ala Maududi|20th|Sunni was asked whether Ibn Abbas revoked his position on Mut'ah by one of his supporters and this was his answer:cquote|bgcolor=#F0FFF0|The comments of the people of knowledge in connection with this are before me, and it is true that differences exist chapter those traditions that I have noted do not prove that Ibn Abbas had deemed his opinion to wrong, rather it would suggest that he had only issued edicts in its support�

In Fathul Bari, Allamah Ibn Hajr noted these comments from Makkan narrators:

'The people of Makka noted the Fatwa of Ibn Abbas, on the permissibility to practise Mut'ah, although there are also calls wherein he revoked this position, but these chains are weak, whilst Sahih tradition purport that he deemed it permissible' later Ibn Hajr admits that there are differences over whether he revoked it. [Letters and Issues Volume 3 pages 53-54]

hi'a view

Shi'a Muslim prominently use this hadith in when they engage in argumentations regarding the validity of Nikah Mut'ah. Among the sources using this hadith are Al-Islam.org's Shi'a encyclopedia [ [http://al-islam.org/encyclopedia/chapter6a/2.html Temporary Marriage in Islam (Part II) ] ] and answering-ansar.org's article regarding Mut'ah [ [http://www.answering-ansar.org/answers/mutah/en/chap4.php Answering-Ansar.org :: Mut'ah, a comprehensive guide ] ] , as well as most Mut'ah related articles.The points that they try to make include:
*Ibn Abbas, a prominent and knowledgable Sahaba gave fatwas in favor of Nik'ah Mut'ah long after Muhammads death, causing people to get confused over the issue.
*Ibn Zubair, a notable sahaba, being born in a Nikah Mut'ah.
*Abu Bakr's daughter entering a Nikah Mut'ah
*Zubayr ibn al-Awwam entering a Nikah Mut'ah
*Not only male Sahaba entering Nikah Mut'ah, something that is implied by some Sunnis through stating that it was only allowed since male Sahaba could not control their urges.
*Ibn Zubayr was alluding to the fact that Ibn Abbas was blind. Ibn Abbas became blind towards the end of his life and yet he still maintained the position that Mut'ah was halaal even in his last days [http://www.answering-ansar.org/answers/mutah/en/chap7.php Answering-Ansar.org :: Mut'ah, a comprehensive guide ] ] .
*The threat of Ibn Zubayr to inflict a penalty proves that his order came at a time when he had the clout to inflict such an act, namely when he attained brief power during the Khilafath of Yazeed. This serves as a major proof on the lawfulness of Mut'ah, since the brief reign of Ibn Zubayr was well after Abu Bakr, Umar and Uthman. The view of Ibn Abbas. is clear evidence that he believed its banning to be of Umar's own violation and not the word of Rasulullah(s), if we are wrong in our assertion then why the objection of Ibn Zubayr? There would be no reason for a dispute if Ibn Abbas believed, like Ibn Zubayr, that Mut'ah was haram .
*As such, there can be no doubt that Ibn 'Abbas maintained this opinion until his death .

References

ee also

*List of Muslim reports