Temporary marriage in Islam

Abdullah said '' when the Muslims agree unanimously with temporary marriage, why do the Shias consider it acceptable? ''
Sunday, May 14, 2017
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author: علی اکبر مظاهری
موارد بیشتر برای شما
Temporary marriage in Islam
Temporary marriage in Islam
 
Translator: Zahra. Kalaa
Source: rasekhoon.net



 

Abdullah said '' when the Muslims agree unanimously with temporary marriage, why do the Shias consider it acceptable? ''
Reza said '' Since Umar Bin Khatab said '' the messenger of God considered it (temporary marriage) halal and acceptable ''.
Abdullah said '' what has the prophet (peace of Allah be upon him and his descendants) said?''
Reza said '' Jahez, Ghortebi, Sarkhasi Hanafi, Fakhr Razi and other Sunni heads have said that Umar said in a sermon
'' Two kinds of concubines (concubine of Hajj and concubine of women (temporary marriages) and was allowed to do in the time of the prophet (peace of Allah be upon him and his descendants) and I prohibited them and punished persons that committed it''.
It has been said in the book '' the history of Khollakan''
Umar Bin Khatab said '' two kinds of concubines was allowed to do in the time of the prophet (peace of Allah be upon him and his descendants) and Abubakr and I prohibited them''.
What do you think of it? Is the remark of Umar '' two mentioned concubines in the time of the prophet (peace of Allah be upon him and his descendants) acceptable and halal'' true or false?''
Abdullah said '' did Umar tell the truth?''
Reza said '' do ignoring the remark of the prophet (peace of Allah be upon him and his descendants) and accepting the remarks of Umar have any justifications?''
Abdullah said '' since Umar Bin Khatab has prohibited it, it can justify it''.
Reza said '' what Hazrat Muhammad (peace of Allah be upon him and his descendants) has considered halal is halal until the doomsday and what he has considered haram is haram until the doomsday. It is what the Islamic scientists agree unanimously''.
Shortly after Abdullah looked at Reza and said '' what you are saying is right, but how did Umar Bin Khatab prohibit two concubines and what were his reasons?''
Reza answered '' this was his personal Ijtihad and of course, remarks that are in contrast with clear statements should be ignored''.
Abduallah asked '' even if it is expressed by Umar Bin Khatab, should it be ignored?''
Reza said '' even if a person is in a higher rank than him, it should be ignored''.
Abdullah asked '' are there any verses in relation to concubine and its acceptance in Quran?''
Reza said '' yes, God states
'' The marriage portion of the women that you have married should be paid''.
Deceased Alame Amini has collected a lot of sources from the Sunni Books such as Ahamd Bin Habal( the head of Hanbali Sect) and …that represent the rank of the descending of this verse as temporary marriage and call it the reason of the acceptance of concubine''.
Abdullah said '' I have never known it''.
Reza said '' studying the precious book '' Al-Ghadir'', you will see whatever I have said''. Should we ignore what God and his messenger have considered halal with the prevention of Umar''. It does not matter what nation, whether the nation of the prophet (peace of Allah be upon him and his descendants) or the nation of Umar,?''
Abdullah said '' of course, we are from the nation of the prophet (peace of Allah be upon him and his descendants) and the superiority of Umar is that he is from the nation of the prophet (peace of Allah be upon him and his descendants)''.
Reza said '' hence, what prevents you from accepting the remark of the prophet (peace of Allah be upon him and his descendants) ?''
Abdullah said '' according to the unanimous idea of the Muslims, concubine has made me stand against it.''
Reza said '' this matter has not been accepted by the Muslims unanimously''.
Reza said '' as you said and confessed it, the Shias consider temporary marriage accepted''.
Shias are the half of the Muslims and are about ten million persons whereas this Shiite population considers it accepted and halal.
Besides, the innocent Imams that were from the dynasty of the prophet (peace of Allah be upon him and his descendants) have been expressed like the Ship of Nuh according to the remark of the prophet (peace of Allah be upon him and his descendants).
'' My Ahle Beit among you is like the Ship of Nuh. The persons that joined it saved and the persons that left it perished.
He also stated
'' I left two heavy responsibilities among you, the book of God and my dynasty (Ahle Beit). These never separate until they join together beside Kothar Poll''.

If we obey these dignitaries ( Ahle Beit (peace be upon them), we will save and achieve to the closeness of God and if we disobey them, we may go awry.
They considered temporary marriage accepted and permanent. Shias obey them in this case as they act it.
It has been narrated from Amir Al-Momenin(peace be upon him) in a narration
'' If Umar had not prohibited temporary marriage, no one would have commited adultery''.
The remarks of Imam Ali (peace be upon him) mean that the prevention of concubine from Umar made persons do not accept temporary marriage and since no one could have a wife, he had to commit adultery.
In spite of the persistence of the Muslims on the case that concubine was mobah and acceptable, most of companions, obedients and the Muslims abolished the prevention of Umar with reasoning to Quran and getting permission from the prophet (peace of Allah be upon him and his descendants). Hence, are there any remarks and objections against the unanimous agreement of the Muslims about this case and which unanimous ideas are expressed?
In this part, we will mention some persons that have accepted temporary marriage and narrate their remarks:

The remark of Imam Ali (peace be upon him)

1. Umran Bin Al-Hasin
He says '' verse'' cubine'' has said in Quran and no verses have abolished it. The messenger of God recommended us to do it and we did the concubine of Hajj along with him. As he was dying, he did not prevent us from doing it. But a man (Umar Bin Khatab) expressed his own idea after the decease of the prophet(peace of Allah be upon him and his descendants)''.
2. Jaber Bin Abdullah and Abu Saeid Khederi
They say '' we had concubine (temporary marriages until the caliphate of Umar. Then Umar prevented people from doing it in the story of Umarv Bin Harith.
3. Abdullah Bin Masud
Ibn Hazam in the book '' Al-Mahali'' and Zarghani in the book '' Al-Motan'' have said '' Abduallh Bin Masud is one of persons that was loyal to the idea '' temporary marriage is accepted and mobah''.
Hafezs of(Hadith) have narrated that he said
'' We were fighting along with the messenger of God in a war and our wives were not with us. I said to the prophet '' o' the messenger of God! Do we emasculate?''
He prevented us from doing this action and allowed us to have temporary marriage. Then he recited this verse '' do not consider good actions that God has considered halal for you as haram actions''.
4. Abdullah Bin Umar:
Ahmad Bin Hanbel (the head of Hanbali Sect) has narrated from Abd Al-Rahman Bin Naam (or Naim) with his own documents that he said '' when I was in Abdullah Bin Umar, a person asked him about concubine (temporary marriage) and he said '' I swear God that we were not adulterers in the time of the messenger of God (we met our need with temporary marriage).
5. Salame Bin Omaye Bin Khalaf:
Ibn Hazam in the book '' Al-Mahali'' and Zarghani in the book '' Sharh Al-Matutan'' have narrated that he considered temporary marriage acceptable and mobah.
6. Moabed Bin Omaye Bin Khalf
Ibn Hazam has said '' Moabed Bin Omaye Bin Khalaf considered temporary marriage mobah and temporary.
7. Zobeir Bin Al-Avam
Ragheb says '' Abdullah Bin Zobeir censured Abdullah Bin Abbas because he considered temporary marriage mobah and accepted. Ibn Abas said to him '' ask you mother how fire between her and your father became more (how did they fight with each other?)''
He asked the story from his mother and his mother answered '' you were born from concubine (temporary marriage).
This story is a firm and permanent reason for accepting temporary marriage in the opinion of Zobeir.
8. Khaled Bin Mohajer Bin Khaled Makhzami
When he has sat beside a person, a person came and asked about concubine. Khaled considered it Mobah and accepted. Ibn Abi Umre Ansari said to him '' do not hesitate (why do you issue fatwas so easily?)''
Khaled said '' I swear God that I did it in the time of leadership of the devout persons''.
9. Umarv Bin Harith
Abd Al-Razagh narrates from Ibn Jarih in the book '' Mosnef'' that Abu Al-Zobeir narrated that Jaber said '' Umarv Bin Harith entered Kufa and had a maid marry him. They brought a maid that was pregnant to the presence of Umar. Umar asked Umarv the story and he confirmed it. Hence, Umarv abolished temporary marriage.
10. Ibn Bin Kaab
11. Rabie Bin Omaye
12. Samir (or Samare) Bin Jondob
13. Saeid Bin Jobeir
14. Tavus Yamani
15. Ata Abu Muhammad Madani
16. Sadi
17. Mojahed
18. Zofer Bin Uth Madani
Other heads of the companions, obedient and the heads of the Muslims convicted the fatwa of Umar and his Ijtehad against Quran and the tradition.
O' Aba Abdullah! After these explanations were presented, do you respect to the idea of the Muslims in relation to concubine?
Abdullah said '' I really apologize you. Whatever I said to you was matters that I had heard. But I did not study and search about their reality. I concluded that we should study and research about some matters like this in order to recognize realities apart from religious biases and find out their realities.
Reza said '' have you accepted that temporary marriage is accepted and Mobah?''
Abdullah answered '' yes, I do. I have got informed that the persons boycotted it and followed their needs and desires. Quran has also states a rule to do it and the verse that abolishes this rule has not been said. I have also known that Umar Bin Khatab and other heads cannot change the rules of God. I am surprised of how and why Umar has issued such a fatwa.
I will be so grateful if you introduce me several books that discuss such topics without insulting ''.
Reza said '' The book '' Al-Ghadir'' written by Alame Amini, the books '' Al-Nas and Al-Ijtihad'' and '' written by Alame Sharaf Al-Din and the book '' Al-Matae'' written by Tufigh Al-Fakiki discuss about such topics.
Study these books carefully and impartially''.
Abdullah said '' I am going to study them and wish you best''.
Reza said '' there is another problem with the Sunni scientists that have accepted the fatwa of Umar in relation to temporary marriage''.
Abdullah said '' what kind of problem is there?''
Reza said '' Umar has prohibited the concubine of women as well as concubine of Hajj because the Sunni scientists consider concubine of Hajj acceptable and concubine of women haram. If the fatwa of Umar is right, both of them are haram and if the fatwa of Umar is false, both of them are acceptable and mobah''.
Abdullah asked '' do the Sunni scientists accept that the concubine of Hajj is acceptable?''
Reza said '' you will discover reality referring to their sources''.
Abdullah said '' I thank you''.
 


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