Umar and Islamic Prostitution Pt. 2

This is the continuation of the Shia rebuttal to the Sunni claim that Muhammad abrogated the practice of Islamic prostitution called muta (https://answeringislamblog.wordpress.com/2020/08/18/umar-and-islamic-prostitution-pt-1/).

Imran Bin Sawadah’s opposition to Umar

Imam Ibn Jareer Tabari has reocrded the following incident in his Tarikh:

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. 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 practised this or gone back to it. 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, Volume 14, pp 139 & 140

This narration clearly separates truth from falsehood. Umar states that people can engage in Temporary Marriage again. Interestingly see how the one who was talking to Umar, says that you forbade it but we still ENJOY this type of marriage! He uses the word “enjoy” and not “enjoyed” meaning that what is important to us is Allah’s command and not Umar’s, and thus we still do it. He also mentioned that Temporary Marriage is licensed by Allah and people are unhappy about this innovation of Umar.

It is interesting to note that Umar never attributed the prohibition of Mut’ah to the Prophet. There were others who did that after his death, mainly to justify what Umar did which was also being enforced in the reign of Uthman. Umar clearly mentioned that: “Mut’ah was permitted at the time of the Prophet and I prohibit it!” If it was really the Prophet who cancelled Mut’ah, Umar would have said: The two Mut’ah were Halal and then became Haram at the time of the Prophet, and I am informing you about the second law set by the Prophet which cancelled the first.

The Sahabi Jabir bin Abdullah deemed Mut’ah to be halaal

Before we mention the belief of a Sahabi Jabir bin Abdullah towards the permissibility of Nikah al-Mutah, we shall point out that the followers of Umar tried their best to fabricate a tradition regarding the impermissiblity of Mutah attributing to Jabir bin Abdullah. We read in Majma al-Zawaid:

“Jabir reported: ‘We made an exit along with the women with whom we had contracted temporary marriage, Holy Prophet stated: ‘They are Haram until the day of Qayamah’. Those women then departed from us. From that day the place became popular with the name of ‘Thanetal Wida’ while before that, the place was known as ‘Thanetal Rakab’.
Majma al-Zawaid, Volume 4 Tradition 7386

The forgery of this tradition can be proven from the fact that Imam Abi Bakar al-Haythami records about this tradition that “Tabarani has narrated it in Awsat and one of the narrators of this tradition is Sadqa bin Abdullah” about whom Ahmed bin Hanbal stated in his book Al-Elal, Volume 1 page 551: ‘He is nothing, his hadith is weak and his narrations are munkar, his hadith worth nothing’. Imam Muslim stated about him: ‘He narrated Munkir’. Imam Ibn Hajar Asqlaani in Taqreeb al-Tahdeeb Volume 1 page 436, Imam Dhahabi in Al-Kashif, Volume 1 page 502 and Imam Nasai in Al-Dhu’afa, page 196 have declared him weak, while Imam Bukhari stated in his book Al-Dhu’afa al-Saghir, page 64 that he is ‘very weak’.

As for the subject [matan] of the cited tradition, Sahabi Jabir bin Abdullah has been alleged to quote Prophet ‘They are Haram till the day of Qayamah’ while the Sahih traditions inform us that Jabir bin Abdullah not only deemed Mutah to be Halal but he himself contracted temporary marriage even after the death of Holy Prophet. Perhaps the followers of Umar did not consider this point while fabricating the above tradition and attributing to Jabir bin Abdullah. We are relying from the following Sunni sources.

  1. Sahih Muslim, Bab ul Nikah, book 008, number 3249
  2. Kanz al Ummal, Volume 8 page 293 Bab
  3. Nail al-Autar, Volume 6 page 153 Bab
  4. Sharh Muwatta by Zarqani, Volume 3 page 154
  5. Aujza al Masalik fi Sharh Muwatta Imam Malik, Volume 3 page 154
  6. Fatah ul Bari Volume, 7 page 172 Kitab Nikah
  7. Sunan al Kabeera, Volume 7 page 206 Kitab al-Hajj

We read in Sahih Muslim:

Jabir b. ‘Abdullah reported: We contracted temporary marriage giving a handful of (tales or flour as a dower during the lifetime of Allah’s Messenger (may peace be upon him) and durnig the time of Abu Bakr until ‘Umar forbade it in the case of ‘Amr b. Huraith.

We read a Sahih tradition in Musnad Ahmed:

Abi Nadhra said: ‘I said to Jabir bin Abdullah that Ibn Zubair prohibitis Mut’ah while Ibn Abbas allows it. He (Jabir) replied: ‘Through me this hadith has been circulated, we performed Mut’ah with Allah’s messenger, and Abu Bakr, but when Umar become caliph he addressed the people and said: ‘Quran is the same Quran, Allah’s apostle is the same apostle, and there were two types of Mut’ah during the time of Allah’s Messenger, one of it was the Mut’ah of Hajj whereas the other was Mut’ah of women’’’.
Musnad Ahmed bin Hanbal, Volume 1 page 52 Hadith 369
Musnad Imam Ahmad Ibn Hanbal, Volume 1, Page 437

Allamah Waheed uz Zaman Khan in ‘Lughaat ul Hadeeth’ Volume 4 page 10, Chapter ‘Meem” recorded:

Jabir ibn Abdullah narrates that during the life of Rasulullah and reign of Abu Bakr Siddique and the early reign of Umar, we continually practised Mut’ah, until someone did something subject to his own opinion [It is being referred to Hadhrat Umar, means he prohibited it].
Lughaat ul Hadeeth, alphabet: Meem, page 10 (published in Karachi)

We read in ‘Sunan al Kabeera’ by Imam Behaqqi, Volume 7 page 206:

Jabir was asked: Ibn Zubayr tells people to refrain from Mut’ah, whilst Ibn Abbas says it is permissible. Jabir replied: ‘We practised Mut’ah during the lifetime of Rasulullah and Abu Bakr. When Umar became khalifa he delivered a sermon: ‘Rasulullah and the Quran have not changed, during the life of Rasulullah there were two types of Mut’ah, I ban them and shall punish one who breaks this, one is Mut’ah with women, and I shall stone any man who marry temporary with a woman, the other is Mut’ah of Hajj, separate your Umra and your Hajj because it is the perfection for Hajj and Umra”’.
Online Sunah al Kubra by al Behaqi, Kitab al Haj, Hadith 8958

Here, Jabir admits Mut’ah was practised during Abu Bakr’s reign. If Rasulullah banned Mut’ah then why were Sahaba still indulging in this haram act during Abu Bakr’s reign.? Jabir’s testimony is clear proof that Mut’ah was not abrogated by Rasulullah, and that ‘Umar’s act was a clear innovation in Islam. These narrations on the permissibility of Mut’ah by Jabir the Sahabi has shakes the root of the Sunni religion, we also read in Sahih Muslim Book 008, Number 3248, Bab ul Nikah:

Ibn Uraij reported: ‘Ati’ reported that Jabir b. 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 lifetime of the Holy Prophet (may peace be upon him) and during the time of ‘Abu Bakr and ‘Umar.

We read in Tahdeeb al Kamal, Volume 20 page 84:

“Abu Hafs al-Baheli reported that Umar bin Qais asked Atta: ‘When were you born?’ He answered: ‘Two years after Uthman’s caliphate.’”

This proves that long after Umar’s death, Jabir continued to maintain his position on the permissibility of Mut’ah and didn’t deem Mutah to be prohibited. On the contrary he made it clear that this was practised during the lifetime of Rasulullah, Abu Bakr and Umar. So if Mut’ah is Zina, were the Sahaba indulging in Zina during these golden ages?

Sahabi Abu Saeed Khudri deemed Mutah Halal and even practiced it after the death of the Holy Prophet

Imam of Ahle Sunnah, Badruddin al-Aini records the following testimony of famed Sahabi Abu Saeed Khudri:

عن أبي سعيد الخدري وجابر بن عبد الله قالا: تمتعنا إلى نصف من خلافة عمر رضي الله عنه حتى نهى عمر الناس عنها في شأن عمرو بن حريث

Abu Saeed Khudri amd Jabir bin Abdullah narrated: ‘We contracted temporary marriage up until the (first) half of the Umar’s caliphate until he forbade it in the case of Amr Bin Huraith’.
Umada tul Qari Sharah Sahih Bukhari, Volume 17 page 246

We read in Al-Mughni, Volume 7 page 571:

وحكي عن ابن عباس أنها جائزة وعليه أكثر أصحابه : عطاء و طاووس و به قال ابن جريج وحكى ذلك عن أبي سعيد الخدري وجابر وإليه ذهب الشيعة

“It has been narrated from Ibn Abbas that it is permissible and that is the opinion of most of his companions via Atta and Tawoos and so is the opinion of Ibn Juraij, it has also been narrated that same was the opinion of Abi Saeed al-Khudri and Jabir, and the same opinion is of the Shia.”

Umar’s debate with a Sahabi on Mut’ah

We read in Kanz al-Ummal, Volume 7 page 94 Dhikr Mut’ah:

Um Abdullah bint Abi Khuthaima stated that a man came from Syria and said: ‘Celibacy has become difficult for me, arrange a woman for me with whom I can perform mutah’. She replied by directing him to a woman, with whom he eneted into an agreement, and brought forward just witnesses. He stayed with the woman for as long as Allah (swt) wanted him to stay and then left.
Umar received information and summoned me and asked: ‘Is what happened true? I replied: ‘Yes’. He (Umar) said: ‘If he returns let me know’. Upon his return, I informed Umar. He (Umar) summoned him, when he (the man) went to him, Umar asked him: ‘Why you did that?’
The man replied: ‘I performed it during the lifetime of Rasulullah, and he never prohibited it until the time of his death. Then I practised it during the time of Abu Bakr and he never prohibited it until the time of his death, I also practised Mut’ah during your reign and you didn’t narrate any evidence of its prohibition.’
Umar replied: ‘By whom my soul in his hand! If I had forbade this before today, I would have stoned you, declare it (to the public) so that they can distinguish nikah from adultery’

Kanz ul Ummal, Volume 7 Hadith 45726

So here we have another example of a companion admitting that there was no such prohibition of Nikah al Mutah right during the era of Holy Prophet and the early days of Umar’s reign.

Mu’awiya also practised Mut’ah al-Nisa

We shall cite the following authentic Sunni sources as proof:

  1. Fatah ul Bari, Volume 9 page 174
  2. Talkhees al Habeer, Volume 3 page 159
  3. Sharh Zarqani (commentary of Muwatta) Volume 3 page 53
  4. Aujza al Masalik, Sharh Muwatta, Volume 9 page 403
  5. Nail al-Autar Volume 6 page 153
  6. Musanaf Abdul Razaq, Volume 7 page 499

Imam Ibn Hajr Asqalani in ‘Talkhees al Habeer fi Takhreej al Hadeeth al Rafa al Kabeer’ Volume 3 page 159 (printed Cairo) quotes Ibn Hazam as follows:

“After the death of Holy Prophet (s), a group of Salaf deemed it Halal. Amongst the Sahaba they were Asma bint Abi Bakr, Jabir bin Abdullah, Ibn Masood, Ibn Abbas, Mu’awiya, Amr bin Huraith, Abu Saeed, Salama and Mu’abad bin Umaya bin Khalaf. He said that Jabir reported from the companions that (it was valid) during the reign of the Prophet, Abu Bakr and some part of Umar’s reign. He said that it is reported from Umar that he forbade it only if there were not two just witnesses. Some of Tab’een deemed (it halal) such as Tawous, Atta, Saeed bin Jubair and the majority of the jurists of Makka.”

The above individuals, all highly esteemed in the Sunni faith, deemed Mut’ah to be halaal after the death of Rasulullah.

If it was haram and is Zina, then why did the site in law of Rasulullah practise it? And then we have the beloved Imam of Enemies of the Ahl al-Bayt, fifth Imam of Ahlul Sunnah, Mu’awiya, believed it, practised it and paid this woman regular stipends? We read in Fatah ul Bari Volume 9 pages 174:

Abdulrazaq recorded from Safwan bin Yala bin Umaya that he said: ‘Yala told me that Muawiya perfrormed mutah with a woman in Taaif’. The chain is Sahih, but in Abi al-Zubair’s narration from Jabir as Abdulrazaq recorded was from past and text is: “When Muawiya arrived in Taaif, he performed mutah with a slave woman whose name was Mu’ana and she belonged to Bani al-Hadhrami” Then Jabir said: ‘Mu’ana lived till Mu’awiya’s riegn, he used to send her stipends every year’.
Fatah ul Bari Volume 9 pages 17

This has been similarly recorded in Musanaf Abdul Razaq, Volume 7 page 499.

Before parting, we deem it apt to cite the following account of the one of the most close Nasibi companion of Muawiya namely Samra bin Jundab:

“The father of Sulayman, perhaps he is Samra bin Jundab, he narrated from Manda from Mubsher bin Ismail from Huraiz bin Uthman from Sulayman bin Samir from his father that he said: ‘We used to perform Mut’ah during the time of Allah’s Messenger.”
Al-Isaba, Volume 3 page 185 Biography No. 3494

Comment:

If Mut’ah is adultery in the eyes of Nawasib like that of ‘Sipah e Sahaba’ (kr-hcy.com) then will they issue an edict against Mu’awiya for committing adultery? And why are they not ashamed of the adultery committed by their caliph and beloved sahabi? Nawasib such as Ansar.org are very proud to call Mu’awiya a ‘Hadi’ (guide) according to a (supposed) hadeeth, if the ‘Hadi’ of Nawasib is an adulterer then what can we expect from his followers!

Salama bin al-Akwa’s opposition to Umar

Sunni Imam Abu Bakr Muhammad bin Harun al-Rawyani (d. 307 H) has recorded an account in his authority work Musnad al-Rawyani regarding the Sahabi Salama bin al-Umri bin al-Akwa. But before we go any further, let us just enlighten our readers about the importance of this book in Sunni sect:

Ibn Hajar said: ‘Musnad al-Rawyani is not less than the six books, nay it is worthier to be added to the five books instead of Sunnan Ibn Majah because it is much more perfect’
Faiz al-Qadir by al-Munawi, Volume 2 page 41

Imam al-Rawyani records the following in Musnad al-Rawyani, Volume 2 pages 259-260 Tradition 1170:

۔۔۔ أمر بها رسول الله صلى الله عليه وسلم فعملنا بها حتى قبضه الله ، ما أنزل الله فيها من تحريم ، ولا كان من رسول الله صلى الله عليه وسلم إلينا فيها من نهي

Reported Ubada bin al-Walid bin Ubada al-Samet who was one of the pious Ansar and from a pious family, that once Hassan bin Muhammad bin Ali bin Abi Talib said: ‘My family insists that this Mut’ah is permissible and Allah’s Messenger allowed it, but you offer a contradicting view, let us go to Salama bin al-Akwa to ask him about it, surely he is one of the pious companions of the Prophet.’
(Ubada said): ‘We then approached him, and met him in Marwan’s palace when he had lost his eye sight’. Hassan said: ‘Wait until my friend and I ask you about some hadith’. Salama said: ‘Who are you?’ He (Hassan) replied: ‘I am son of Muhammad son of Ali son of Abi Talib’. He (Salama) replied: ‘The son of my brother, well, who is the fellow with you and what do you want to ask me about?’ Hassan replied: ‘Mut’ah al-Nisa’.
(Salama) said: ‘Yes, yes my nephew, you two should keep my statement secret as long I am alive, if I die, then you can disclose it, if they (the people) wish to stone me, they would then (only be able to) stone my grave. Allah’s Messenger allowed it and we used to perform it until he passed away, Allah didn’t reveal anything to abrogate it, furthermore Allah’s Messenger didn’t prohibit us’.

Ubada bin al-Walid: Dahabi said: ‘Thiqah’ (Al-Kashif, v1 p534). Muhammad bin Ishaq: Dahabi said: ‘Seduq’ (Al-Kashif, v2 p156). Harun bin Abi Isa: Dahabi said: ‘Thiqah’ (Al-Kashif, v2 p331). Abdullah bin Harun: Dahabi said: ‘Seduq’ (Al-Kashif, v1 p604). Amr bin Ali: Dahabi said: ‘Master’ (Al-Kashif, v2 p84).

Sahabi Zaid bin Thabit also believed in the legitimacy of Mut’ah

Abu Jaffar Muhammad bin Habib Baghdadi (d. 245 H) records in his authority work Al-Muhbar, Volume 1 page 289:

من كان يرى المتعة من اصحاب النبي صلى الله عليه (خالد 1) بن عبد الله الانصاري.
و (زيد) بن ثابت الانصاري.
و (سلمة) بن الاكوع الاسلمي.
و (عمران) بن الحصين الخزاعى.
و (عبد الله) بن العباس بن عبد المطلب رضى الله عنه.

“Among those of the companions of Prophet who belieived in Mut’ah were Khalid bin Abdullah al-Ansari, Zaid bin Thabit al-Ansari, Salamah bin al-Akwa al-Salami, Imran bin al-Husain al-Khuzai and Abdullah bin Abbas bin Abdulmutalib may Allah be pleased with him”.
Al-Muhbar, Volume 1 page 289

The first has been mistakenly written as Khalid which actualy is Jabir as pointed out in the footnotes of the book.

Saeed bin Jubayr contacted Mut’ah with a woman in Makkah

We are citing the following Sunni Sources.

  1. Fatah ul Bari, Volume 9 page 174
  2. Musanaf Abdur Razaq, Volume 7 page 496
  3. Tafseer Ibn Katheer, Volume 1 page 74
  4. Tafseer Fatah ul Qadeer, Volume 1 Page 74
  5. Tafseer al Abi Hayan al Andalusi, Volume 3 page 18
  6. Nail al-Autar, page 57 Dhikr Mut’ah

We read in Fatah ul Bari:

Ibn Hazam said: ‘Those that deemed Mut’ah halaal after Rasulullah and remained firm in this position, included Ibn Masud, Mu’awiya, Abu Saeed, Salma wa Majid, Umayya’s son, Saeed bin Jubair and Umar bin Harith, Jabir cited the practise of Mut’ah by the Sahaba during the reign of Abu Bakr and Umar, amongst the Tabieen the jurists of Makkah and Taaus and Saeed bin Jubair and Ata deemed Mut’ah halaal. Those Tabieen that Ibn Hazim quoted on the lawfulness of Mut’ah, carried a Sahih chain, according to Abdul Razzaq”

We read in Tafseer Ibn Katheer:

“Ibn Abbas, Ibn Abi Kaab, Saeed bin Jabayr and Sadi would read the verse of Mut’ah with the words ‘for a prescribed period’ and the word ‘ajal’ are proof that this is referred to Mut’ah.”

We read in Musanaf Abdur al Razzaq:

Abdulrazaq – Ibn Juraij – Abdullah bin Uthman bin Khathim said: ‘In Mecca there was a pretty Iraqi woman who was performing pilgrimage and she had a son named Abu Umaya. Saeed bin Jubair used to visit her frequently, thus I said: ‘O Aba Abdullah, why do you visit this woman so frequently?’ He replied: ‘I have got married to her via that marriage – Mut’ah -. Saeed further added: It is –Mut’ah – as lawful as drinking water’’.
Online Musnaf Abdur Razzaq, Kitab al Talaq, Bab al Mutah, Hadith 14020

Whilst there shoud be no need to enlighten our readers about the Sunni Imam Saeed bin Jubayr, let us cite the comments recorded by Imam Ibn Hajar Asqalani about him.

“…He narrated hadiths from Ibn Abbas, Ibn Al-Zubair, Ibn Umar, Ibn Maqal, Uday Ibn Hatem, Abi Masood Al-Ansay, Abi Saeed Al-Khudari, Abu Hurayra, Abu Musa Al-Asha’ari, Al-Dahak Ibn Qais Al-Fehri, Anas, Amro Ibn Maymoon, Abi Abdulrahman Al-Sulami and lady Aysha….. Ibn Abi Mughera said that when people of Kufa visit Ibn Abbas and ask him for Fatwa, he used tell them: “Isn’t Saeed Ibn Jubayr among you?”…. Amro Ibn Maymoon said that his father said that Saeed bin Jubair died and there was no one on earth who was not in need of attaining knowledge from him’… Abu Al-Qasem Al-Tabari said: “He is a reliable Imam and hujah on Muslims”…..Ibn Haban Said: “He was a jurist, worshiper, righteous and pious”.”
Tahdeeb al Tahdeeb, by Ibn Hajr Asaqlani Volume 4 No. 14

Do Nawasib know more about the validity of Mutah than their Imam? And if it was really forbidden do Nawasib want to suggest that their praised Imam was an adulterer (naudobillah)? Alhamdulilah Shia do not ascribe to such views about Saeed bin Jubayr.

Ibn Abi Malika believed in the legitimacy of Nikah al-Mut’ah

Ibn Abi Malika (d. 117 H) was a famous Tabayee. Imam Dhahabi has stated that he was “Imam, Hujjah, Hafiz” and “was a scholar, Mufti, hadith narrator and skillful” (Siar alam al-Nubala, Volume 5 page 89). Whilst discussing Nikah al-Mut’ah, Mawardi records the views of Ibn Abi Malika in his book al-Hawi al-Kabir, Volume 9 page 832:

وحكي عن ابن عباس ، وابن أبي مليكة ، وابن جريج ، والإمامية رأيهم فيه جوازا

“It has been narrated from Ibn Abbas, Ibn Abi Malika, Ibn Juraij and the Imamia that it is permissible”.

Rabia Ibn Umayya advanced his progeny through Nikah al-Mut’ah during Umar’s reign

Rabia Ibnn Umayya was a Sahabi who during the reign of Umar escaped to Turkey and there he converted to Christianity. We read in Muwatta of Malik, Book 28, Number 28.18.42:

و حدثني ‏ ‏عن ‏ ‏مالك ‏ ‏عن ‏ ‏ابن شهاب ‏ ‏عن ‏ ‏عروة بن الزبير ‏ أن ‏ ‏خولة بنت حكيم ‏ ‏دخلت على ‏ ‏عمر بن الخطاب ‏ ‏فقالت إن ‏ ‏ربيعة بن أمية ‏ ‏استمتع بامرأة فحملت منه فخرج ‏ ‏عمر بن الخطاب ‏ ‏فزعا يجر رداءه ‏ ‏فقال ‏ ‏هذه ‏ ‏ المتعة ‏ ‏ولو كنت تقدمت فيها لرجمت

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr that Khawla ibn Hakim came to Umar ibn al-Khattab and said, ”Rabia ibn Umayya performed a temporary marriage with a woman who he made pregnant.” Umar ibn al-Khattab went out in dismay dragging his cloak, saying, “This temporary marriage, had I come across it, I would have ordered stoning and done away with it! “

A Sahabi ‘Salamah bin Umayya’ contracted Mut’ah with Umm Irak

We shall rely on the following Sunni sources:

  1. Fatah ul Bari, Volume 9 page 174 Bab Mut’ah
  2. Ajaza al Masalik, Volume 9 page 03
  3. Naill al-Autar, Volume 6 page 53 Bab Mut’ah
  4. Musanaf Abdul Razaq, Volume 7 page 97
  5. Al-Mahala by Ibn Hazam, Volume 9 page 20
  6. Jamharat Ansab al-Arab by Ibn Hazam, Vol 2 page 160

We read in Fatah ul Bari:

فروى عبد الرزاق بسند صحيح عن عمرو بن دينار عن طاوس عن ابن عباس قال ‏”‏ لم يرع عمر إلا أم أراكة قد خرجت حبلى، فسألها عمر فقالت‏:‏ استمتع بي سلمة بن أمية

“Abdur Razzaq narrated with a Sahih chain from Amr bin Dinar from Taaus from Ibn Abbas that Umar summoned Umm Irak, who was pregnant, she openly stated that she had performed Mut’a with Salamah bin Umayya”.

We read in Al-Isaba, Volume 3 page 143:

قال عمر بن شبة واستمتع سلمة بن أمية من سلمى مولاة حكيم بن أمية بن الأوقص الأسلمي فولدت له فجحد ولدها قلت وذكر ذلك بن الكلبي وزاد فبلغ ذلك عمر فنهى عن المتعة

Umar bin Shabah said: ‘Salamah bin Umaya performed Mut’ah with Salmah the slave girl of Hakim bin Umaya bin Al-Awqas al-Salami, thus she gave birth to a child from him, but he denied the child’. Al-Kalbi narrated the incident and added more: ‘When Umar heard about that he prohibited Mut’ah’

Ibn Hazam records in his book Jamharat Ansab al-Arab:

فولد سلمة بن أمية: معبد بن سلمة: أمه أم راكة، نكحها سلمة نكاح متعة في عهد عمر أو في عهد أبي بكر، فولد له منها معبد.

“Salamah’s son was Ma’bad. Ma’bad’s mother was Umm Irak, Salamah had performed Nikah al-Mut’ah with her while Ma’bad was born during Abu Bakar’s or Umar’s time”

Ibn Hajar Asqlaani records in Taqrib al-Tahdib, Volume 1 page 246:

‘Salamah bin Umaya al-Tamimi al-Kufi, brother of Y’ala bin Umaya, a Sahabi, narrated one hadeeth.’

This is yet another example of a Sahaba continuing to practice Mut’ah.

Umar’s son Abdullah deemed Mut’ah halaal and condemned the order of his father

We read the following authentic tradition in Sunni works wherein Abdullah Ibn Umar openly pointed out the fact that his father had the audacitiy to change the Islamic rulings thus going against the Holy Prophet (s) with respect to Mutah al-Hajj:

Abd bin Hamid – Yaqoob bin Ibrahim bin Saad – his father – Saleh bin Kaysan – Ibn Shehab – Salem bin Abdullah said: ‘I heard a man from Shaam questioning Abdullah bin Umar about Mut’ah of Umra until Hajj, thus Abdullah bin Umar replied: ‘It is permissible’. The Shaami man said: ‘But your father has forbidden it’. Abdullah bin Umar replied: ‘When my father forbids something practiced by Allah’s Messenger, shall I follow my father’s order or that of Allah’s Messenger’s?’ The Shaami man replied: ‘Surely the order of Allah’s Messenger’. He (Abdullah bin Umar) replied: ‘Allah’s messenger has practiced it’’. 
Sunan Tirmidi, Hadith 832

Abd bin Hamid: Dahabi said: ‘Hujja’ (Syar alam alnubala, v12 p235). Yaqoob bin Ibrahim bin Saad: Dahabi said: ‘Thiqah’ (Mizan al-Etidal, v4 p448). Ibrahim bin Saad: Dahabi said: ‘Thiqah’ (Mizan al-Etidal, v1 p33). Saleh bin Kaysan: Dahabi said: ‘Thiqah’ (Mizan al-Etidal, v2 p299). Ibn Shehab al-Zuhari: Dahabi said: ‘Hujja’ Mizan al-Etidal, v4 p40). Salem bin Abdullah: Dahabi said: ‘Hujja’ (Tazkirat al-Hufaz, v1 p88).Imam Tirmidhi stated about the tradition: ‘Hasan Sahih’.

Beloved Imam of Salafies Ibn Qayyim al-Jawziyah also recorded this in his esteemed work Zaad al-Maad:

وقال عبد الله بن عمر لمن سأله عنها وقال له : إن أباك نهى عنها : أأمر رسول الله صلى الله عليه وآله وسلم أحق أن يتبع أو أمر أبي ؟

Someone asked Abdullah bin Umar (about Mut’ah) saying: ‘Your father prohibited it.’
(Ibn Umar replied): ‘Is the order of the Messenger of Allah more deserving to be followed, or the order of my father?’

Zaad al-Maad, Volume 2 page 176

Abdullah Ibn Mas’ud also opposed Umar prohibition on Mut’ah and deemed it Halal

We read in Sahih Muslim Book 008, Number 3243:

Abdullah (b. Mas’ud) reported: We were on an expedition with Allah’s   Messenger (may peace be upon him) and we had no women with us. We said:   Should we not have ourselves castrated? He (the Holy Prophet) forbade   us to do so He then granted us permission that we should contract temporary   marriage for a stipulated period giving her a garment, and ‘Abdullah   then recited this verse: ‘Those who believe do not make unlawful the   good things which Allah has made lawful for you, and do not transgress.   Allah does not like trangressers” (al-Qur’an, v. 87).

In its commentary recorded by Imam Nawawi in al-Minhaj, Volume 9 page 183, we read:

فيه إشارة إلى أنه كان يعتقد إباحتها كقول إبن عباس وإنه لم يبلغه نسخها

And this is a sign that he believed in its legitimacy just like what was said by Ibn Abbas and he did not preach its abrogation.

 

Maula Ali also opposed Umar prohibition on Mut’ah

Muḥammad al-Ṭahir Ibn Ashur (d. 1972) was a Sunni Maliki from Tunisia and was the Sheikh of Zaytona, a position that is somwhat similar to Sheikh of Al-Azhar and that makes him the highest Maliki scholar of his era. In his authority work  Tafsir al-Taḥrir wa-al-Tanwir, Volume 5 page 10, we read:

وعن علي بن أبي طالب ، وعمران بن حصين ، وابن عباس ، وجماعة من التابعين والصحابة أنهم قالوا بجوازه

“And quoting Ali bin Abi Talib, Imran bin Husain, Ibn Abbas and a some of the Tabayeen and Sahaba said that it is allowed”
Tafsīr al-Taḥrir wa-al-Tanwir, Volume 5 page 10

In Tafsir Dur al-Manthur and other books we read the words of Maula Ali that we cited previously as well:

Narrated Abdulrazaq and Abu Dawoud in (book) Nasikh and narrated ibn Jareer from al-Hakam that he was asked whether the verse on Mut’ah has been abrogated, he said: “No, Ali said that if it were not for Umar forbidding it, no one would commit (the sin) of fornication except the wretched (Shaqi; an utmost wrongdoer).”
1. Tafseer Durre Manthur, Volume 2 page 486
2. Tafseer Gharaib al Quran, Volume 3 page 6 pt 5
3. Tafseer Tabari, Volume 4 page 10
4. Tafseer Kabeer, Volume 3 page 95
5. Tafseer al-Bahr al-Muheet by Abu Hayan al-Andulusi, Volume 3 page 226
6. Kanz ul Umaal, Hadith

7. Musanaf Abdul Razaq, Volume 7 page 500 Hadith 14029
8. Al-Muharar al-Wajiz by Ibn Atya al-Andulusi, Volume 2 page 36

Suyuti is a renowned Sunni Scholar and his virtues are expounded in detail in the book of Rijjal. In his Tafseer he states that he compiled this Tafseer with good chains he found. Suyuti’s recording of Maula Ali’s testimony is proof that Umar banned Mut’ah not Rasulullah. Maula Ali deemed this to be clear deviation and deemed Umar to have perpetuated a major sin, and was in effect responsible for people fornicating.

Let us now analyse the words carefully:

‘If it were not for Umar forbidding it’ – The word ‘If’ shows that this statement is a conditional statement. That means whatever is said; the results are based on the condition(s) specified.
‘were not for Umar forbidding it’ -is a condition.
‘no one would commit (the sin of) fornication’– This is a statement.
‘except a wretched person’ – This statement now carries an exception to the rule, of those who ignore and disobey Allah no matter what.

The POINT here was, it is apparently clear and commonly known by every knowing and wise person that sexual needs are natural. No one has denied it and no one can deny it. To put it simply, people who were unable to find a life long commitment (Perm. Marriage) and yet it could not curb their sexual needs, had a blessing from Allah [swt] to perform Nikah Mutah (there may be other reasons also) and avoid fornication. Having that blessing no one would have committed fornication except people who flagrantly disobey Allah [swt] anyway.

In the above statement, the condition specifies that it was only because of Umar that people will commit fornication since Umar had made ‘a Lawful-Islamic-Act a-blessing from Allah [swt] unlawful. It is like you make unlawful to work, people will EAT whether they are working or not, meaning either they will work to earn their bread or they will steal. You can not put natural requirements in a box and not provide a lawful way to fulfil those requirements. That is not how nature works, and this applies to every single NATURAL URGE of Human Being.

You can not make sleeping HARAM and make Human nature to require sleep; similarly you can not make Breathing HARAM and make human Nature to require to breath, so on and so forth.

In ‘Lughaat ul Hadeeth’ Volume 4 page 9 Chapter “Meem”, Maulana Waheed uz Zaman further expands on the words of Maula ‘Ali:

Ali said ‘Had Umar not banned Mut’ah then the only person to fornicate would have been a disgraceful person, since Mut’ah is easy, and one can attain the objective, there would have then been no need to indulge in haraam acts’.
Lughaat ul Hadeeth, alphabet ‘Meem’ page 9 (Published in Karachi)

Some Nasibi have raised the objection: ‘why didn’t Imam ‘Ali mention Mut’ah in Nahj ul Balagha?’ It is indeed amusing to read the absurd claim of Dr Salamah:

“Oddly enough, ‘Ali left behind a voluminous book, Nahjul-Balaghah, wherein he presented various aspects of Islam and the Muslim state. However, not a single word in favour of Mut’ah is mentioned in it. Had ‘Umar been wrong, nothing would have prevented ‘All from condemning it in his writings.

The author clearly has no idea what he is talking about. Imam ‘Ali did not “leave behind” Nahj al-Balagha. The book was compiled centuries later by Sayyid Ar-Razi. We have seen that the book does not deal with fiqh issues; nor is it a “voluminous” work. Compared to other hadeeth collections, it is one of the shortest. Salamah does not even deal with the many narration’s, found in Sunni books, where Imam ‘Ali condemns ‘Umar’s ban on Mut’ah. Indeed, this hadeeth is an authentic narration. Moreover, how can the author put words in Umar’s mouth while he himself has been quoted to have admitted the fact that Mutah was Halal during the time of Prophet?

The increasingly favourite Nasibi author of http://www.ahlelbayt.com as usual did some copy paste work and pasted the same paragraph without using his own brain and hence he also came under the humiliation that Dr. Salamah had to gone through by raising the stupid objection cited above.
Screenshot from Ibn al-Hashimi’s article – top
Screenshot from Ibn al-Hashimi’s article – text

Further Arguments of Dr. Salamah

Dr Salamah states:

As previously mentioned, Furthermore, since ‘Umar was later succeeded by ‘Uthman and then ‘Ali, had ‘Umar’s statements been contrary to the ruling of the Prophet, at least one of them would have re-established the sanctity of Mut’ah. Again, there are no records of such abrogation.

Once again, the later coming Nasibi author on the internet namely Ibn al-Hashimi copy pasted the same pathetic arguments of Dr. Salamah without using his own brain.
Screenshot from Ibn al-Hashimi’s article – top
Screenshot from Ibn al-Hashimi’s article – text

It is common sense that the false fatwa of Umar had been buried with the Khalifa, and with Umar’s death people were free to practise Mut’ah as they had done in the past. If Uthman toed the same line as Umar, then this does not mean that Umar was right – since Umar had bound himself to adhering to Umar’s decisions when offered the Khilafath – a condition that Uthman accepted, which Imam ‘Ali did not. As we have already proven Imam ‘Ali had openly expressed his disgust at Umar’s prohibition and his words serve as clear proof that this was a legitimate act. There are scores of Shi’a traditions wherein our Imams (starting from Imam ‘Ali endorsed the practise of Mut’ah, so the people during the era of Imam ‘Ali were in no doubt that this was halaal.

The most famous Nikah al-Mut’ah was performed by Sahabi Amr bin al- Huraith

Uptil now we have read about the opinions of those Sahaba who declared or personally practiced Nikah al-Mut’ah but now let us also cite the Nikah al-Mut’ah performed by a prominent Sahabi namely Amr bin al-Huraith, an act that came to the knowledge of Umar bin al-Khattab, that led to him abandoning Islamic laws in favour of his personal opnion. We read in Musnaf Abdulrazaq, Volume 7 page 500 Tradition 14029:

Abdulrazaq – Ibn Juraij – Abu Zubair said: ‘Amr bin Huraith arrived from Kufa and performed Mut’ah with a slave girl, then Umar called her when she was pregnant and asked her about that, to which she replied: ‘Amr bin Huraith has performed Mut’ah with me’. Then he (Umar) asked him (Amr) and he replied with clear answer. He (Umar) replied: ‘Shall it be changed?’. And that was when he (Umar) prohibited it.’

Abdulrazaq al-Sanani: Dahabi said: ‘Thiqah’ (Mizan al-Etidal, v2 p609). Ibn Juraij: Dhabi said: ‘Thiqah’ (Mizan al-Etidal, v2 p659). Abu al-Zubair Muhammad bin Muslim: Dahabi said: ‘Thiqah’ (Al-Kashif, v2 p216).

Let us once again quote the following reference from Sahih Muslim, Book 8, Number 3249:

Jabir b. ‘Abdullah reported: We contracted temporary marriage giving a handful of (tales or flour as a dower during the lifetime of Allah’s Messenger (may peace be upon him) and durnig the time of Abu Bakr until ‘Umar forbade it in the case of ‘Amr b. Huraith.

We read in Tarikh Madina by Ibn Shabah, Volume 2 page 716:

Jabir bin Abdullah said: ‘Amr bin Huraith performed Mut’ah with a woman from Madina, thus she got pregnant, then Umar summoned her and wanted to hit her, thus she said: ‘O Commander of the Faithful, Amr bin Huraith has performed Mut’ah with me’. He (Umar) replied: ‘Who witnessed your wedlock?’ She replied: ‘My mother and sister’. Umar said: ‘Without any guardian or witnesses!!’ Then Umar called for Amr bin Huraith, and when he arrived he asked him about the matter, and he (Amr) replied: ‘She said the truth’. Then Umar said to the people: ‘This is a void wedlock as you can see’. Therefore Umar decided to prohibit it’.

Abdullah bin Abdulsamad bin Abi Khadash: Ibn Hajar said: ‘Seduq’ (Taqrib al-Tahdib, v1 p509). Isa bin Yunus: Ibn Hajar said: ‘Thiqah’ (Taqrib al-Tahdib, v1 p776). Abu al-Zubair Muhammad bin Muslim: Ibn Hajar said: ‘Seduq’ (Taqrib al-Tahdib, v2 p132). Jabir bin Abdullah: A Sahabi.

Tarikh Madina by Ibn Shabah, Volume 2 page 719:

“It has been said that Amr bin Huraith performed Mut’ah with a woman from the tribe of Saad bin Bakr and she gave birth to a child but he denied the child”

We read in Kanz al-Umal, Volume 16 page 731 Tradition 45712:

Saeed bin al-Musayab said: ‘Ibn Huraith and a son of such-and-such person performed Mut’ah, both of them had child through Mut’ah during Abu Bakr’s and Umar’s time’.

Testimony of the Sahaba & Tabayeen that Umar was the first person to deem Mut’ah to be Haram

Let us once again remind our readers of the opinion of the prominent Sahabi Imran bin Husain according to whom Mut’ah was allowed in Islam yet it was Umar who had prohibited it. We read ub Sahih Bukhari Volume 6, Book 60, Number 43:

Narrated ‘Imran bin Husain: The Verse of Hajj-at-Tamatu was revealed in Allah’s Book, so we performed it with Allah’s Apostle, and nothing was revealed in Qur’an to make it illegal, nor did the Prophet prohibit it till he died. But the man (who regarded it illegal) just expressed what his own mind suggested.

Let us also present the testimony of the Sahabi Jabir. Imam Saeed bin Mansur records in his Sunan, Volume 1 page 218 Tradition 850:

حدثنا سعيد ، نا هشيم ، قال : نا عبد الملك ، عن عطاء ، عن جابر بن عبد الله ، قال : « كانوا يتمتعون في النساء حتى نهى عمر

Saeed from Hushaim from Abdulmalik from Atta from Jabir bin Abdullah who said: ‘They used to perform Mut’ah with women until Umar made it prohibited’.

Saeed bin Mansur: Ibn Hajar said: ‘Thiqah, author, he never withdrew from what he wrote in his book because he was so sure about it’. (Taqrib al-Tahdib, p235). Hushaim bin Bashir: Ibn Hajar said: ‘Thiqah’ (Taqrib al-Tahdib, p642). Abdulmalik bin Abi Sulayman: Ibn Hajar said: ‘Thiqah’ (Taqrib al-Tahdib, p394). Atta bin Abi Rabah: Ibn Hajar said: ‘Thiqah’ (Taqrib al-Tahdib, p427). Taqrib al-Tahdib by Ibn Hajar (single volume edition) published by International Ideas Home INC, Saudi Arabia .

Similarly we read in Musnad Ahmed:

Jabir bin Abdullah said: ‘Two types of Mut’ah were in existence during the time of the Prophet and Umar prohibited us from them, thus we forbade ourselves’.
Musnad Ahmad bin Hanbal, Volume 3 page 325 Tradition 14519

Shu’aib al-Arnaout said: ‘The chain is Sahih according to Muslim’s standards’.

We will now submit the testimony of the famed Tabayee namely Saeed bin al-Musayib from Sunan Saeed bin Mansoor, Volume 1 page 219 Tradition 854:

حدثنا سعيد قال : نا هشيم ، أنا داود بن أبي هند ، عن سعيد بن المسيب ، أن عمر « نهى عن متعة النساء ومتعة الحج

Saeed bin al-Musayab said: ‘Umar prohibited Mut’ah of women and Mut’ah of Hajj’

Saeed bin Mansur: Ibn Hajar said: ‘Thiqah, author, he never withdrew from what he wrote in his book because he was so sure about it’ (Taqrib al-Tahdib, p235). Hushaim bin Bashir: Ibn Hajar said: ‘Thiqah’ (Taqrib al-Tahdib, p642). Dawud bin Abi Hend: Ibn Hajar said: ‘Thiqah Mutqan’ (Taqrib al-Tahdib, p187). Saeed bin al-Musayab: Ibn Hajar said: ‘One of the firmed rooted scholars, the supreme clerics agreed that even his disconnected narrations (Mursal) are of the most authentic Mursal ones’. (Taqrib al-Tahdib, p235). Abu Talib said: ‘I asked Ahmad bin Hanbal about Saeed bin al-Musayab, so he replied: ‘who is alike Saeed, he is Thiqah and pious.’ I asked: Saeed’s narration from Umar is it accepted?’ He replied: ‘According to me it is accepted, he met Umar and heard from him.’ (Tahdib al-Kamal, v11 p73).

While citing the innovations of Umar, the seventh innovation that Allamah Jalaluddin Suyuti records is:

[7]. He promulgated the prohibition of Mutah and didn’t make it permissible for anyone”
Tareekh Khulfa (Urdu), page 216 (Madina Publishing Co. Karachi)

We read in Sharh of Sahih Muslim by Imam Nawawi:

“Umar was the first person to prohibit Mut’ah”.

We read in Sirah al-Halabiyah:

“Some Ulema have narrated that the first person to forbid Mutah was Umar Farooq (this means he prohibited it during his caliphate)”
Sirah Halabiyah (Urdu), Vol 5 page 159 (Published by Daarul Isha`at Karachi)

There’s still more in the third and final part (https://answeringislamblog.wordpress.com/2020/08/18/umar-and-islamic-prostitution-pt-3/).

2 thoughts on “Umar and Islamic Prostitution Pt. 2

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