1. It is narrated from Umar that he said in a sermon:
“Two Mutahs existed during the lifetime of Prophet and they were lawful,
but I prohibit both, and I would punish whoever performs them: i.e. Hajje
Tamatto and Fixed time marriage.”
It is mentioned in the words of Jassas:
“If I had prohibited them before this I would have stoned to death one, who
performed them.”1
Mamun argued its lawfulness through this same traditional report and
decided to issue orders for its legality.2
The sermon of Umar regarding these two Mutahs in the words mentioned
above is accepted by all through consensus.
2. Tabari in the book of Mustabayyan, has narrated from Umar that:
“Three things were lawful during lifetime of Messenger of Allah (s.a.w.a.);
but I declared them unlawful, and I will punish whoever practices them: Hajje
Tamatto, Fixed time marriage and Hayya Alaa Khairil Amal3 in Adhan.”
These were some of the traditions of two Mutahs, which exceed more than forty. Some of them are authentic and some are good. All of them prove that both
the Mutahs were allowed during lifetime of Prophet according to verses of Quran
revealed regarding them and according to Sunnah of Prophet, and Umar was first
to prohibit them.
Other opinions regarding two Mutahs
These were some traditions, which are narrated regarding Mutah of Hajj and
Mutah of women. And as you will note, this same Quran and Sunnah is sufficient
to prove lawfulness of those two during lifetime of Prophet and absence of their
abrogation.
But other than these, there are other numerous traditions as well, which
prove their lawfulness, but I have refrained from mentioning them due to the fact
that prohibition of Umar is not mentioned in them. And without any doubt,
prohibition of Umar regarding these two Mutahs was only his personal opinion
and deduction without proof as opposed to clear textual declaration.
Hajje Tamatto
The only reason of his prohibition is that he was not pleased at the condition
of people that after concluding the Umrah, with water of ritual bath dripping from
their hair and faces, they should begin to perform rituals of Hajj. He is oblivious
of the fact that Allah, the Mighty and High is more cognizant of the condition of
people. And Messenger of Allah (s.a.w.a.) also, according to declaration of the
above mentioned tradition and traditions soon to be mentioned, was also aware of
the situation of this definite command and its permanence till Judgment Day.
Thus, whatever Umar presented, was only a kind of Istihsaan (application of
discretion) and a baseless command lacking proof. In opposition to Quran and
Sunnah, it cannot be relied upon in any way.
What was mentioned till now is the personal opinion of Caliph as he himself
admitted that they were his own opinions. But in Ahle Sunnat books, in order to
support these baseless verdicts and to strengthen the viewpoint of Caliph, they
have provided many baseless arguments, which are not compatible with the
explanation of Caliph; and all are imaginary excuses, which cannot prove that
view and basically cannot make one needless of truth.
Also, the severity of Uthman on anyone, who performed Hajje Tamatto
reached to such an extent that he almost had our master, Ameerul Momineen
(a.s.) eliminated.
Those, who wish to learn more on this subject may refer to the book of
Zaadul Maad of Ibne Qayyim Jauzi.4