41. Hajje Tamatto
1. It is narrated from Abu Rijaa that Imran bin Husain said:
“The verse of Hajje Tamatto was revealed in Quran and following it the
Holy Prophet (s.a.w.a.) ordered us to act upon it. And after that neither any verse
was revealed abrogating it, nor the Messenger of Allah (s.a.w.a.) prohibited it till
he passed away. On the contrary, a man according to his wish, issued an
opinion.”1
It is mentioned in some copies of Saheeh Bukhari that Muhammad Bukhari
said: ‘That person’ implies Umar.
Qastalani says in Irshad:2
“Since it was he (Umar), who prohibited it.”
Ibne Kathir in his Tafseer,3
quoting from Bukhari, says:
“This issue, which Bukhari has said in concealed manner, in another place,
he has clearly mentioned that Umar forbid Hajje Tamatto.”
2. It is narrated from Abu Moosa that he issued verdict for the lawfulness of
Hajje Tamatto. A person said to him: Exercise restraint in delivering some of
your religious verdicts, for you do not know what the Commander of Believers
has introduced in the rites (of Hajj) after you (when you were away in Yemen).
He (Abu Moosa) met him (Umar) subsequently and asked him (about it),
whereupon Umar said: I know that Allah’s Apostle (s.a.w.a.) and also his
companions did that (observed Tamatto’), but I do not approve that married
persons should have intercourse with their wives under the shade of the trees, and
then set out for Hajj with water trickling down from their heads.”4
3. It is narrated from Saalim that:
“I was seated in the Masjid with Ibne Umar when a Syrian arrived and
inquired about Hajje Tamatto. Ibne Umar said: “It is a good thing.” The Syrian
said: “Your father prohibited it?” Ibne Umar said: “Woe upon you, my father
may have prohibited it, but the Holy Prophet (s.a.w.a.) himself acted upon it and
commanded it. Should I act on the orders of my father or on the commands of the
Prophet? Arise and go away from here.”5
4. It is narrated from Ibne Abbas that he said to someone, who argued with
him regarding Hajje Tamatto through the acts of Abu Bakr and Umar:
“It is near that a stone would crash on your head from heavens. I am saying:
The Messenger of Allah (s.a.w.a.) said this and you are saying: Abu Bakr and
Umar said such and such?”6
42. Fixed time marriage
It is narrated from Jabir bin Abdullah that: “We used to contract Fixed
time marriage with women during lifetime of Messenger of Allah (s.a.w.a.) and
Abu Bakr and even during a long time in the tenure of Umar, in exchange for a
handful of dates or flour for a few days, till Umar prohibited it in the incident of
Amr bin Huraith.”7
2. Hakam says: Ali (a.s.) said: “If Umar had not prohibited Fixed time
marriage, no one would have committed fornication, except one who is
absolutely wretched.”8
3. It is narrated from Ibne Jarih from Ataa that: I heard Ibne Abbas say:
“May God have mercy on Umar, Fixed time marriage is nothing, but a divine
mercy on the Ummah of Muhammad; and if Umar had not prohibited it, only a
very few persons would have committed fornication.”9
4. Umar said: “By God, I will one leave one, who regards Fixed time
marriage (Mutah) as lawful, but that I will have him stoned.”10
It is narrated from Nafe from Abdullah bin Umar that he was asked
regarding Fixed time marriage (Mutah).
He replied: “It is unlawful. Know that if Umar bin Khattab apprehended
anyone in this act, he invariably had him stoned to death.”11