In part one of this study we reviewed the opinions held by some of the Sahaba as well as tabi’in that muta’ah was in fact permitted. The question arises how then can later ijma’ arise that muta’ah is forbidden? What are the proofs for their claims?
The following are the proofs:
The Imam ‘Ali ibn Abi Talib (radiya Allahu ‘anhu) was informed that Ibn ‘Abbas held the view that muta’ah was forbidden to which he said,
أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ مُتْعَةِ النِّسَاءِ يَوْمَ خَيْبَرَ وَعَنْ أَكْلِ لُحُومِ الْحُمُرِ الْإِنْسِيَّةِ
Verily Rasulullah 
(‘alayhis salam) forbade muta’ah with women on the day of Khaybar as well as eating the flesh of donkeys.
[Bukhari, Muslim, Tirmidhi and others]
The second clear proof for Ahlus Sunnah is found in the Sunan via Ar-Rabi’ ibn Sabarah from his father from Rasulullah (‘alayhis salam) that states:
ورسول الله صلى الله عليه وسلم قائم بين الركن والباب وهو يقول أيها الناس إني قد كنت أذنت لكم في الاستمتاع ألا وإن الله قد حرمها إلى يوم القيامة فمن كان عنده منهن شيء فليخل سبيلها ولا تأخذوا مما آتيتموهن شيئا
[....] And Rasulullah was standing between the pillar and the door and stated “Oh People! I used to give you permission to perform muta’ah with women, however [as of now] Allah 
has forbidden it until the day of judgement, so if any of you has a woman that you have contracted such with then let them of their way and do not take anything from them which you have them.”
[Sunan ibn Maajah]
And in Sahih Muslim the hadith reads:
و حدثني سلمة بن شبيب حدثنا الحسن بن أعين حدثنا معقل عن ابن أبي عبلة عن عمر بن عبد العزيز قال حدثنا الربيع بن سبرة الجهني عن أبيه أن رسول الله صلى الله عليه وسلم نهى عن المتعة وقال ألا إنها حرام من يومكم هذا إلى يوم القيامة ومن كان أعطى شيئا فلا يأخذه
From Sabarah Al-Juhaniy that he said that Rasulullah forbade them from muta’ah and added “Certainly it is forbidden from this day of yours until the day of Judgment and whoever gave [the woman] something, do not take it back!”
[Sahih Muslim 2509 electronic edition from harf]
Ibn Az-Zubayr (radiya allahu ‘anhu) stated that if he saw someone doing this he opined that they be stoned for fornication. [Sahih Muslim]
So the conclusionary argument states that in the end of the Prophet’s life muta’ah was prohibited until the day of judgment and therefore the statements of companions cannot supercede the statement of the Prophet Muhammad (‘alayhis salam). It is for this reason that Ahlus Sunnah reject the actions and statements of some of the Sahabah that allowed muta’ah. It is possible they simply did not know that the Prophet had completely forbidden it.
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.”
In Part three 14 reports will be forwarded for the Sunni stance, as well as the Sunni responses.
As-salamu alaykum wa rahmatullah,
JazakAllah khayran. An interesting ‘ilm piece, as always!
I read a claim somewhere a while a go, that an opinion is related from imam Malik (radi Allahu ‘anhu) that he permitted mut’ah–do you, sidi, have any information about this?
To me it is a rather suspect claim, but I thought I would throw it out there and see what a far more knowledgeable brother have to say about it.
Wa’alaykum Salam Wa Rahmatullah Sidi Abu Selma,
In all of the comparative fiqh works that I have read I have not seen such an opinion reported from Imam Malik (r). In fact it seems that the four Imams have consensus upon its forbiddance.
There was however disagreement amongst the Sahabah, as well as some of the tabi’in as mentioned by Ibn Hazm in his Muhalla. Major tabi’in believed it to be permitted; Tawus, ‘Ata’ Sa’id ibn Jubayr and the rest of the jurists of Makkah. In fact, it is the Makkan school that believed muta’ah to be permitted.
There is, however, another major Mujtahid in fiqh who deemed it permitted during the era of the four Imams, and that is the Mujtahid Ibn Jarir At-Tabari. This is reported by Imam Ash-Shawkani in his Nayl Al-Awtar beneath his chapter on muta’ah.
was-Salam,
Abul Layth
Pingback: Part 1: Muta’ah – Did some of the Sahabah Allow it? - Seeking Ilm (Knowledge)
Assalamu Alaikum
Mashallah, this article really helped, as the AnsweringAnsar website has some disturbing information.
However, as mentioned in Ibn Hazm’s Muhalla, muta’ah was allowed in the time of the khilafa of Abu Bakr and Umar, and it was only at the end of Umar’s reign that Umar disallowed it. So why did Umar allow it for some time, and then prohibit it later? The Shia claim that the Prophet had never prohibited it, and that the Sunnis innovated with regards to it by following Umar.
Apparently some do make this claim (though I have not seen it within the Maliki works). This claim actually comes from some of the Hanafis upon Imam Malik! Hafith Ibn Hajr stated in his Fat-hul-Baari:
اِبْن دَقِيق الْعِيد : مَا حَكَاهُ بَعْض الْحَنَفِيَّة عَنْ مَالِك مِنْ الْجَوَاز خَطَأ , فَقَدْ بَالَغَ الْمَالِكِيَّة فِي مَنْعِ النِّكَاح الْمُؤَقَّت حَتَّى أَبْطَلُوا تَوْقِيت الْحِلّ بِسَبَبِهِ فَقَالُوا : لَوْ عَلَّقَ عَلَى وَقْت لَا بُدّ مِنْ مَجِيئِهِ وَقَعَ الطَّلَاق الْآن لِأَنَّهُ تَوْقِيت لِلْحِلِّ فَيَكُون فِي مَعْنَى نِكَاح الْمُتْعَة .
Ibn Daqiq Al-’Id said: What is reported from some of the Hanafis from Imam Malik that he permitted muta’ah is a mistake!
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JazakAllah khayran, sidi!