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Gypsy

Hadith Discouraging Muta

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(salam)

Muta is halal, alhamdulillah.

But we have hadith (as below) that discourages this practices?

Doing Muta with a Muslim woman

4 – And from him from al-Hasan b. `Ali [Abu ‘l-Hasan – in at-Tahdheeb, Abu ‘l-Hasan `Ali – in al-Istibsar] from one of our companions going up to Abu `Abdillah عليه السلام. He said: Do not do mut`a with the mu’mina as you would humiliate her.

reference (http://www.*******.org)

There is a note attached to this hadith

The Shaykh said: This is shaadh (odd), and it is possible that his intent by it is when the woman is from a noble family which scandal would be attached to and humiliation attached to her, and that would be disliked.

I say: And there has preceded what indicates upon permission and there is coming what indicates upon it.

How would you rate this hadith? And Shaykh Tusi views?

Edited by Gypsy

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Seems consistent with other ahadith that discourage muta in situations where it will attract scandal, possibly simply for reason of taqiyya (after all, the context was of living in a non-Shia society). Even muta with virgins doesn't seem to really be discouaged on the grounds that they could be manipulated or out of respect for their virginity, but simply because of the scandal it could create in society.

Here are some examples of what I'm talking about:

4 – And from a number of our companions from Sahl b. Ziyad from Muhammad b. al-Hasan b. Shammun. He said: Abu ‘l-Hasan عليه السلام wrote to some of his supporters: Do not insist on mut`a, only the establishment of the Sunna is upon you. So do not preoccupy (yourself) with it from your beds and free (women), then they would do kufr and bara’at and call upon the authorities to you by that, and they would curse us.

5 – And from them from Sahl from `Ali b. Asbat and Muhammad b. al-Husayn all from al-Hakam b. Miskeen from `Ammar. He said: Abu `Abdillah عليه السلام said to me and Sulayman b. Khalid: I have forbidden mut`a upon you two by me so long as you remain in Madina, for you have increased your entering in upon me and I fear that they take you and it be said: These are the companions of Ja`far.

1 – Muhammad b. Ya`qub from Muhammad b. Yahya from Ahmad and `Abdullah the two sons of Muhammad b. `Isa from `Ali b. al-Hakam from Ziyad b. Abi ‘l-Halal. He said: I heard Abu `Abdillah عليه السلام saying: There is no harm with doing mut`a with the virgin so long as he does not consummate with her [out of fear of – in al-Kafi] the dislike of shame upon her family.

10 – And by his isnad from Muhammad b. Ahmad b. Yahya from Ya`qub b. Yazid from Ibn Abi `Umayr from Hafs b. al-Bakhtari from Abu `Abdillah عليه السلام regarding the man who marries the virgin in mut`a. He said: It is disliked due to the shame upon her family.

11 – And from him from Muhammad b. `Isa from al-Fadl [al-Fudayl – in al-Istibsar] b. Kathir al-Mada’ini from al-Muhallab the auctioneer that he wrote to Abu ‘l-Hasan عليه السلام: A woman was with me in the house, then she married herself to me and called Allah and His angels to witness that. Then, her father married her to another man, so what do you say? So he عليه السلام wrote: Permanent marriage is not but with a wali and two witnesses, and mut`a marriage is not with a virgin. Cover yourself and conceal, may Allah have mercy on you.

I said: The Shaykh interpreted it to be upon taqiyya.

4 – And by his isnad from Muhammad b. Ahmad b. Yahya from Muhamamd b. `Abd al-Jabbar from Safwan b. Yahya from Ibrahim b. Muhammad al-Ash`ari from Ibrahim b. Muhriz al-Khath`ami from Muhammad b. Muslim. He said: I asked him about the girl, does the man do mut`a with her? He said: Yes, unless she is a child who is duped. He said: I said: May Allah make you prosper, and what is the bound that when she reaches it she is not duped? He said: A girl of ten years.

Sadly, what should have only been a problem in Sunni societies is also one in Shia communities.

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