Imam Ash-Shawkani states in his Nayl-Al-Awtar:
“Ibn Hazm reported in his Al-Muhalla from a group of the companions other than Ibn ‘Abbas [the permissibility of muta'ah] saying: ‘And it is established that a group of the salaf declared it Halal after Rasulullah 
. From them are Asmaa’ bint Abi Bakr, Jabir ibn Abdullah, Ibn Mas’ud, Ibn ‘Abbas, Mu’awiyah, Amru ibn Hurayth, Abu Sa’id, Salamah, and the children of Ummayyah ibn Khalaf.
He added to that Abu Bakr and Umar until the end of his khilafah when he forbade it. And he reported from him (Umar) that he only rejected it if two upright people did not witness it. And from the Tabi’in who declared it permitted were Tawus, ‘Ataa’, Sa’id ibn Jubayr, and the rest of the jurists of Makkah. [See the Muhalla 9/129]”
Al-Hafith Ibn Hajr Al-’Asqalani (rahimahullah) comments upon this quote of Ibn Hazm in his Talkhis Al-Habir stating,
As for what is mentioned from Asma’ bint Abi Bakr then Imam An-Nasa’i reports from the way of Muslim Al-Qrri who said, “I entered upon Asma’ bint Abi Bakr and we asked her regarding muta’ah with women and she said ‘We did it during the life of Rasulullah (‘alayhis salam).”1
As for Jabir Ibn Abdullah (radiya Allahu ‘anhu) then Imam Muslim reports:
و حَدَّثَنَا الْحَسَنُ الْحُلْوَانِيُّ حَدَّثَنَا عَبْدُ الرَّزَّاقِ أَخْبَرَنَا ابْنُ جُرَيْجٍ قَالَ قَالَ عَطَاءٌ قَدِمَ جَابِرُ بْنُ عَبْدِ اللَّهِ مُعْتَمِرًا فَجِئْنَاهُ فِي مَنْزِلِهِ فَسَأَلَهُ الْقَوْمُ عَنْ أَشْيَاءَ ثُمَّ ذَكَرُوا الْمُتْعَةَ فَقَالَ نَعَمْ اسْتَمْتَعْنَا عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَأَبِي بَكْرٍ وَعُمَرَ
Ibn Jurayj reported from ‘Ataa’ that Jabir ibn Abdullah came to perform Umrah and we came to his abode. The people asked him about different things, then they mentioned the issue of muta’ah. Jabir ibn Abdullah said, “Yes, we performed muta’ah during the life of Rasulullah , Abu Bakr, and ‘Umar.”
[Sahih Muslim 1405, some electronic editions 2496]
Also he said,
حَدَّثَنِي مُحَمَّدُ بْنُ رَافِعٍ حَدَّثَنَا عَبْدُ الرَّزَّاقِ أَخْبَرَنَا ابْنُ جُرَيْجٍ أَخْبَرَنِي أَبُو الزُّبَيْرِ قَالَ سَمِعْتُ جَابِرَ بْنَ عَبْدِ اللَّهِ يَقُولُ كُنَّا نَسْتَمْتِعُ بِالْقَبْضَةِ مِنْ التَّمْرِ وَالدَّقِيقِ الْأَيَّامَ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَأَبِي بَكْرٍ حَتَّى نَهَى عَنْهُ عُمَرُ فِي شَأْنِ عَمْرِو بْنِ حُرَيْثٍ
Jabir ibn Abdullah said, “We did muta’ah giving a handful of dates or flour as dower during the lifetime of Rasulullah and during the time of Abu Bakr until ‘Umar had forbidden it in the case of ‘Amr ibn Hurayth.”
[Muslim 1405, electronic version 2497]
As for Abdullah ibn Mas’ud then it is reported in the Sahih of Muslim that he said, “Rasulullah allowed us to marry women for a stipulated period and then Ibn Mas’ud recited:
“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 the transgressors.” [Sahih Muslim]
As for Ibn ‘Abbas:
Imam Al-Bukhari narrates in his Sahih,
حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ حَدَّثَنَا غُنْدَرٌ حَدَّثَنَا شُعْبَةُ عَنْ أَبِي جَمْرَةَ قَالَ سَمِعْتُ ابْنَ عَبَّاسٍ سُئِلَ عَنْ مُتْعَةِ النِّسَاءِ فَرَخَّصَ فَقَالَ لَهُ مَوْلًى لَهُ إِنَّمَا ذَلِكَ فِي الْحَالِ الشَّدِيدِ وَفِي النِّسَاءِ قِلَّةٌ أَوْ نَحْوَهُ فَقَالَ ابْنُ عَبَّاسٍ نَعَمْ
From Abi Jamrah who said that I heard Ibn ‘Abbas being asked about muta’ah with women and he permitted it. One of the freed-slaves of his said ‘That is only in severe cases and when women are scarce [or similar] and Ibn ‘Abbas said, “Yes!”
[Bukhari 5116 - Dar-us-Salam print]
Also in the Musannaf of Abdur-Razzaq that ‘Ataa’ said that Ibn ‘Abbas saw that muta’ah was permitted and he recited:
والمحصنات من النساء إلا ما ملكت أيمانكم كتاب الله عليكم وأحل لكم ما وراء ذلكم أن تبتغوا بأموالكم محصنين غير مسافحين فما استمتعتم به منهن فآتوهن أجورهن فريضة ولا جناح عليكم فيما تراضيتم به من بعد الفريضة إن الله كان عليما حكيما
Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah
(musannaf 14022)
Ibn Abdul-Barr mentions in his tamheed that ‘Ammar the mawlaa of Ash-Sharid asked Ibn ‘Abbas about muta’ah and he affirmed its permissibility.
As for Mu’awiyah:
In the Musannaf of Abdur-Razzaq (14021) from ibn Jurayj from ‘Ataa’ from Safwan ibn Ya’la ibn Umayyah who said I was informed from Ya’ala that Mu’awiyah performed muta’ah with a woman from taa’if and so I denied that, and so we went to Ibn ‘Abbas and mentioned that and he said “Yes!”
As for Ma’bad and Salamah ibn Umayyah then Umar ibn Shaybah mentions it with his isnaad in Akhbaar Al-Medinah that they peformed muta’ah during the time of ‘Umar ibn Al-Khattab.
[Ma'bad's story, as said by Hafith ibn Hajr is found in the Musannaf of Abdur Razzaq 14027]
Hafith Ibn Hajr Al-’Asqalani states in his Talkhis,
“And from the well-known individuals that permitted it was Ibn Jurayj the Faqih of Makkah…”
Then he mentions Imam Al-Awza’i's rejection of the 5 things from people of the Hijaz, one of them being Muta’ah.
Imam Ash-Shawkani (r) also stated in Nayl-Al-Awtar that it is reported from the Sunni Mujtahid Imam Ibn Jarir At-Tabari (r) that he held muta’ah to be permitted.
- Nasa’i 5540 [↩]
salaam,
Interesting read, but given that Ijma of the sunni jurists has settled over the matter, these opinions would no longer be operational … like considering a threefold divorce to be counted as one?
Assalamu alaykum wa rahmatullahi wa barakatuhu!
“Then he mentions Imam Al-Awza’i’s rejection of the 5 things from people of the Hijaz, one of them being Muta’ah.”
What are the other 5 things Imam al-Awzai (may Allah
Taala have mercy on him) rejected from the people of Hijaz?
Jazakum Allahu khayran.
The Sunni scholars have consensus today that Muta’ah is forbidden. Imam Ibn Al-Mundhir stated, “The early scholars (awaa’il) used to give permitted dispensation for muta’ah, and as for today no one allows it save for a group from the raafidah (shi’ah).”
Qadhi ‘Iyad stated, “And the scholars are unanimous that it is forbidden save for some of the raafidah.” Imam Al-Khattabi and a whole host of major Imams stated the same.
Al-Hakim mentions this report in Ulum al-Hadith. One of the other things was anal intercourse as it was held permitted by the people of medinah according to al-Awza’i.
Why do the scholars reject it if the Prophet and his Sahaba allowed it?
it is very simple, the sahaba and the tabieen had a very strong relationship with Allah
such that even their wives did not stand in their ways when they sought Him, the nature of their entering in the bond of temporary marriage was way different from what people of today would seek from it, they sought just mere companionship, that of caring, mercy and tenderness, and not anything else beyond that, and were able to contain their desires and for this they had rukhsa, but as the generations passed down, and the nisbah of eman decreased, and corruption-lewdness-chaos was feared from this practice, and it was clear like a broad day light that no one of the coming generations would be like the sahaba in containing their desires, the ummah made ijma that it should no longer be practiced, and the ijma of Ummah is binding for the Prophet sallahu aliye wasalam has affirmed that the ummah does not unite upon falsehood, and that Allah 
’s Yad is over the consensus, and in the Quran that whosoever follows a path other than those of the believers will find for himself/herself a severe punishment. And Allah 
knows best correct me where I made an error.
Rand here is your answer: http://seekingilm.com/archives/713
As salaamu alaikum,
This is off topic, but I registered to join this site, but I have not received a confirmation email. I am not able to log on and benefit.
Pingback: Part 3: Conclusionary Remarks on the Issue of Muta’ah - Seeking Ilm (Knowledge)