1176 - Issue: He said: "The nikah al-mut'ah (temporary marriage) is not permissible."

The meaning of nikah al-mut'ah is for a man to marry a woman for a [specified] duration, such as if he says: "I marry you my daughter for a month," or "for a year," or "until the end of the season," or "until the pilgrims arrive," or something similar, regardless of whether the duration is known or unknown. This is an invalid marriage. Ahmad stated this explicitly, saying: "Nikah al-mut'ah is haram (forbidden)." Abu Bakr said: "There is another narration regarding it, that it is makruh (reprehensible) but not haram," because Ibn Mansur asked Ahmad about it and he replied: "That he avoids it is more beloved to me." He said: "The outward meaning of this is reprehensibility rather than prohibition." Others from among our companions besides Abu Bakr reject this and say: "There is only one narration in the school regarding its prohibition." This is the position of the generality of the Companions and the jurists. Among those from whom its prohibition is narrated are 'Umar, 'Ali, Ibn 'Umar, Ibn Mas'ud, and Ibn al-Zubayr. Ibn 'Abd al-Barr said: "Malik, the people of Medina, Abu Hanifah and the people of Iraq, al-Awza'i and the people of Syria, al-Layth and the people of Egypt, al-Shafi'i, and all the narrators of Hadith hold the view that mut'ah is forbidden." Zufar said: "The marriage is valid, but the condition is void." It was narrated from Ibn 'Abbas that it is permissible, and the majority of the companions of 'Ata' and Tawus are of this view. Ibn Jurayj also held this opinion. It was narrated from Abu Sa'id al-Khudri and Jabir. The Shi'a adhere to this because it has been established that the Prophet (may Allah bless him and grant him peace) authorized it. It was narrated that 'Umar said: "There were two mut'ahs that existed during the time of the Messenger of Allah (may Allah bless him and grant him peace), [and I forbid] them and punish for them: the mut'ah of women and the mut'ah of Hajj." Furthermore, it is a contract for a benefit, so it is temporary, like a lease. Our argument is what Rabi'ah ibn Sabrah narrated, that he said: "I testify on behalf of my father that he reported that the Prophet (may Allah bless him and grant him peace) forbade it during the Farewell Pilgrimage."