It is concluded from the statements of Umar that he regarded Fixed time marriage as fornication. That is why he has mentioned in a traditional report that:
“Narrate the command so that lawful marriage may be identified from
fornication.”
At that time and during the time of companions of Prophet there no sign of
abrogation of Fixed-time marriage (Mutah) existed and whenever there was a
discussion among companions regarding this, those who believed in its
lawfulness, argued through Quran and Sunnah of Prophet and those who believed
in its unlawfulness, only based their arguments on the statement and prohibition
of Umar.
The statement of Umar himself: “I prohibit the two,” clearly negates their
abrogation.
Ameerul Momineen (a.s.) and Ibne Abbas also clearly refuted its invalidity
and attributed its invalidation only to Umar and each of companions and
companions of companions, who regarded them as lawful, have also argued
through this.
In Al-Ghadeer,1 Allamah Amini has mentioned the names of twenty
companions and companions of companions, who regarded Fixed-time marriage
(Mutah) lawful. Among them being:
1. Jabir bin Abdullah.2
2. Abdullah bin Masud. Alusi, in his Tafseer,3 has mentioned the tradition of
Ibne Masud regarding the verse of:
فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَأْتُوهُنَّ أُجُورَهُنَّ
“Then as to those whom you profit by, give them their dowries as appointed.”4
Ibne Hazm in Al-Mahalli,5 and Zarqani in Sharh Muwattah6 have included
Ibne Masud among those, who believed in lawfulness of Fixed-time marriage
(Mutah).
Scholar of traditions have also narrated from him that:
“When we participated in battles with Prophet, women used not to
accompany us. So, we petitioned the Prophet if he would permit us to masturbate.
His Eminence prohibited us from this, but allowed us to contract Fixed time
marriages with at least a dower of a piece of cloth. Then he said:
لَا تُحَرِّمُوا طَيِّبَتِ مَا أَحَلَّ اللَّهُ لَكُمْ
“Do not forbid (yourselves) the good things which Allah has made lawful for you.”7
At this point, Jassas says after mentioning this verse:
لَا تُحَرِّمُوا طَيِّبَتِ مَا أَحَلَّ اللَّهُ لَكُمْ
“Do not forbid (yourselves) the good things which Allah has made lawful for you.”8
That this is the verse, which Messenger of Allah (s.a.w.a.) recited at the time
of legalizing Fixed time marriage.
3. Abdullah Ibne Umar.9
4. Ubayy bin Kaab, whose recitation will be mentioned further on.10
Yes, afterwards, some people arrived and wished to justify the prohibition of
Umar. Therefore, sometimes they claimed that the verse was abrogated with
another verse; and sometimes claimed that the verse was abrogated by Sunnah.
So they confronted each other regarding this and falsified each other; each of
them tried to refute the statements of others. Some of them said that the verse was
abrogated by the verse:
يَأَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّدِ بِنَ
“O Prophet! when you divorce women, divorce them for their prescribed time.”11
وَالَّذِينَ هُمْ لِفُرُوْجِهِمْ حَفِظُونَ إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ
“And who guard their private parts, except before their mates
or those whom their right hands possess, for they surely are not
blameable,”12
Because a Mutah wife is neither a lawful wife nor a slave girl.
Some have also said: This verse was abrogated through the verse of
inheritance, because the Mutah wife does not inherit.
These are all nonsensical statements, because in the contrary case, we will have to believe that these verses, which abrogated the verse of Fixed-time
marriage (Mutah) were those about whom the companions were unaware. That
also despite the presence of those, who believed in its lawfulness most prominent
of them being our chief, Ameerul Momineen (a.s.), who was knowledgeable
about all aspects of Quran.
In addition to this, the objective of Allah, the Mighty and the High in the
first verse is separation through divorce and not every separation; otherwise it
would have also included slave girls and it would abrogate that as well, whereas
no one believes that and no one regards that as fornication.