Hadith 3367

Commentary

1. Mut’ah (recreational) means a marriage contracted for a specified period of time, or temporary marriage, whether it be for a few hours, days, or years. This sort of marriage automatically ends when its stipulated time finishes. No divorce is required. If the husband dies during the stipulated time, the woman inherits nothing, nor is any waiting period applied to her. In other words, no ruling concerning marriage applies to it, except for intercourse. This, therefore, is not a Shari’ or lawful marriage. It was, however, one form of several practiced marriages of the period of Jahiliyyah. No appropriate action was taken against it in the early period of Islam. But later on, it was forbidden (at the time of Campaign of Khaibar or the Conquest of Makkah); and now it stands forbidden until the Day of Judgment. Such a marriage would be considered null and void, and if it is continued, it would be synonymous with adultery. The Shi’ites still consider it lawful, but even ‘Alī ﷺ calls its validators lunatics and misguided. 2. ‘A man’: it means Ibn ‘Abbās ﷺ. He had earlier thought it was permissible in times of need and compulsion, though generally it is prohibited; whereas other Companions considered it absolutely and eternally forbidden. And this is what is correct. Later on, the misunderstanding of Ibn ‘Abbās was cleared, and he reconciled with the other Companions. On the day of the Campaign of Khaibar, according to some venerable individuals, the Day of Khaibar is affiliated with the prohibition of domestic donkeys and not with temporary marriage, because the form of temporary marriage was declared unlawful at the time of the Conquest of Makkah. It is possible a preventive measure was taken on the Day of Khaibar, and later it was declared unlawful at the time of the Conquest of Makkah, or that some were aware at Khaibar, and others heard it as it was mentioned again after the Conquest of Makkah. Domestic donkey: The wild donkey, or onager, which in reality happens to be a cow, is called a wild donkey on account of the similarity of its legs with those of a donkey. Otherwise, in actuality, it is a wild cow and is lawful.