Notes


[^1] - For the details, see the coming discussions.

[^2] - Quran, Baqarah, [^69]:

[^3] - Ibid, Nisa, [^24]:

[^4] - Taqsir means shortening one's hair, beard or nail.

[^5] - in this tradition, the narrators have omitted the words exchanged between Uthman, the third caliph and Imam Ali (a.s) or mentioned them vaguely. They have not mentioned Imam Ali's answer to Uthman's words. According to some traditions, Uthman said something to Imam Ali (a.s).

[^6] - Musnad Ahmad, vol. 1, p. 156 and Musnad Ali bin Abi Talib, tradition no. [^758]:

[^7] - Sahih Bukhari, vol. 2, p. [^569]: Muslim has also narrated a similar tradition. He quoting Musayyab says: Sa'id b. al-Musayyab reported that 'Ali and 'Uthman met at 'Usfan; and Uthman used to forbid (people) from performing Tamattu' and 'Umra (during the period of Hajj), whereupon 'Ali said: What is your opinion about a matter which the Messenger of Allah (may peace be upon him) did but you forbid it? Thereupon Uthman said: You leave us alone, whereupon he ('Ali) said: I cannot leave you alone. When 'Ali saw this, he put on Ihram for both of them together (both for Hajj and 'Umra). (Sahih Muslim, tradition, no. 1223, and Musnad Ahmad, vol. 1, p. 220).

[^8] - Sahih Bukhari, vol. 2, p. 567, tradition, no. 1488 and Musnad Ahmad, vol. 1, p. [^153]: Muslim has also reported it: 'Abdullah b. Shaqiq reported that 'Uthman used to forbid Tamattu', whereas 'Ali (Allah be pleased with him) ordered [people] to do it. 'Uthman said a word to 'Ali, but 'Ali said: You know that we used to perform Tamattu' with the Messenger of Allah (may peace be upon him) , whereupon he said: It is right, but we entertained fear. This hadith has been narrated by Shu'ba with the same chain of transmitters. (Muslim, Book 7, Number 2815).

[^9] - Musnad Ahmad, vol. 1, p. 554, tradition, no. [^3111]: Bukhari have also narrated something pertaining to the issue under discussion. See:

a) Abu Jamra narrates:I asked Ibn Abbas about Hajj-at-Tamattu'. He ordered me to perform it. I asked him about the Hadi (sacrifice). He said, "You have to slaughter a camel, a cow or a sheep, or you may share the Hadi with the others." It seemed that some people disliked it (Hajj-at-Tamattu). I slept and dreamt as if a person was announcing: "Hajj Mabrur and accepted Mut'a (Hajj-At-Tamattu')" I went to Ibn Abbas and narrated it to him. He said, "Allah is Greater. (That was) the tradition of Abu Al-Qasim (i.e. Prophet). Narrated Shu'ba that the call in the dream was. "An accepted 'Umra and Hajj-Mabrur." (Sahih Bukhari, Volume 2, Book 26, Number 747).

b) Abu Shu'ba: Abu Jamra Nasr bin 'Imran Ad-Duba'i said, "I intended to perform Hajj-at-Tamattu' and the people advised me not to do so. I asked Ibn Abbas regarding it and he ordered me to perform Hajj-at-Tammatu'. Later I saw in a dream someone saying to me, 'Hajj-Mabrur (Hajj performed in accordance with the Prophet's tradition without committing sins and accepted by Allah) and an accepted 'Umra.' So I told that dream to Ibn Abbas. He said, 'This is the tradition of Abu-l-Qasim.' Then he said to me, 'Stay with me and I shall give you a portion of my property.' " I (Shu'ba) asked, "Why (did he invite you)?" He (Abu Jamra) said, "Because of the dream which I had seen." (Ibid, Volume 2, Book 26, Number 638).

[^10] - Sunan Tirmidhi, vol. 2, p. 224, tradition, no. [^824]: Muslim has also narrated some variation of this tradition:

Ghunaim b. Qais said: I asked Sa'd b. Abu Waqqas about Mut'a, whereupon he said: We did that, and it was the day when he was an unbeliever living in (one of the) houses of Mecca. (Sahih Muslim Book 7 ,Number 2821).

[^11] - 'Arak' is a kind of tree that grows in deserts. Similar to a pomegranate tree, it is ever green. In the past, Arabs used to make toothbrush from its branches.

[^12] - Musnad Ahmad, vol. 1, p. 81, tradition, no. [^353]:

[^13] - Sahih Muslim, vol. 3, p. 56, tradition no. [^1217]: You  can also see:

Abd Nadra reported: While I was in the company of Jibir, a person came and said: There is difference of opinion among Ibn Abbas and Ibn Zubair about two Mut'as (Tamattul in Hajj and temporary marriage with women), whereupon jibir said: We have been doing this during the lifetime of Allah's Messenger (may peace be upon him), and then 'Umar forbade us from doing it, and we never resorted to them (Sahih Muslim Book 7 , Number 2874).

See also: Shihab reported: I left for Mecca for Hajj-at-Tamattu' assuming Ihram for 'Umra. I reached Mecca three days before the day of Tarwiya (8th Dhul-Hijja). Some people of Mecca said to me, "Your Hajj will be like the Hajj performed by the people of Mecca (i.e. you will lose the superiority of assuming Ihram from the Miqat). So I went to 'Ata' asking him his view about it. He said, "Jabir bin 'Abdullah narrated to me, 'I performed Hajj with Allah's Apostle on the day when he drove camels with him. The people had assumed Ihram for Hajj-al-Ifrad. The Prophet ordered them to finish their Ihram after Tawaf round the Ka'ba, and between Safa and Marwa and to cut short their hair and then to stay there (in Mecca) as non-Muhrims till the day of Tarwiya (i.e. 8th of Dhul-Hijja) when they would assume Ihram for Hajj and they were ordered to make the Ihram with which they had come as for 'Umra only. They asked, 'How can we make it 'Umra (Tamattu') as we have intended to perform Hajj?' The Prophet said, 'Do what I have ordered you. Had I not brought the Hadi with me, I would have done the same, but I cannot finish my Ihram till the Hadi reaches its destination (i.e. is slaughtered).' So, they did (what he ordered them to do)." (Volume 2, Book 26, Number 639).

[^14] - Sunan Tirmidhi, vol. 2, p. 224, tradition, [^825]:

[^15] - Al-Isti'ab, vol. 3, p. 284 and al-Isabah, vol. 4, p. [^584]: In his Dad al-Mi'ad fi Huda Khair al-Ibad, Ibn Qayyim says, "Imran bin Hasin is better than Uthman. According to some, he saw angels and was greeted by them as he himself points out when he says that he was greeted. He died in 52 AH in Basrah".

[^16] - Sahih Muslim, vol. 3, p. 70,  tradition, [^1236]: See also:

a) 'Imran b. al-Husain (Allah be pleased with him) said: Know well that Allah's Messenger (may peace be upon him) combined 'Hajj and 'Umra, and nothing was revealed in the Book (to abrogate it), and the Messenger of Allah (may peace be upon him) too did not forbid us from (combining) them. And whatever a person (Umar) said was out of his personal opinion. (Sahih Muslim Book 7 ,Number 2829).

b) 'Imran b. Husain (Allah be pleased with him) reported: We performed Tamattu' (Hajj and 'Umra combining together) in the company of Allah's Messenger (may peace be upon him), and nothing was revealed in the Qur'an (concerning the abrogation of this practice), and whatever a person (Umar) said was his personal opinion. 'Imran b. Husain narrated this hadith (in these words also): "Allah's Apostle (may peace be upon him) performed Hajj Tamattu' and we also performed it along with him."( Sahih Muslim Book 7 ,Number 2830).

c) 'Imran b. Husain said: There was revealed the verse of Tamattu' in Hajj in the Book of Allah and the Messenger of Allah (may peace be upon him) commanded us to perform it and then no verse was revealed abrogating the Tamattu' (form of Hajj), and the Messenger of Allah (may peace be upon him) did not forbid [us] to do it till he passed away. So whatever a person (Umar) said was his personal opinion. A hadith like this is transmitted on the authority of Imran b. Husain, but with this variation that he ('Imran) said: We did that (Tamattu') in the company of Allah's Messenger (may peace be upon him) and he did not say anything but he (the Holy Prophet) commanded us to do it.( Sahih Muslim Book 7 ,Number 2831).

[^17] - Qiran hajj is a kind of hajj that is performed by those whose habitation is not located more than 16 farsakhs from The Sacred Mosque.

[^18] - Al-Minhaj, a commentary on Sahih Muslim, vol. 8, p. [^168]:

[^19] - Minhaj al-Sunna, vol. 4, pp. 182 and [^183]:

[^20] - Tarikh Ibn Kathir, vol. 5, p. [^159]:

[^21] - Minhaj al-Sunna, vol. 4, pp. 182 and [^183]:

[^22] - Ibid.

[^23] - Sahih Bukhari, Book on Riqaq, Chapter on Lake-Fount, pp. 787-[^788]:

[^24] - The people (of the Pre-lslamic Period) used to think that to perform 'Umra during the months of Hajj was one of the major sins on earth. And also used to consider the month of Safar as a forbidden (i.e. sacred) month and they used to say, "When the wounds of the camel's back heal up (after they return from Hajj) and the signs of those wounds vanish and the month of Safar passes away then (at that time) 'Umra is permissible for the one who wishes to perform it." In the morning of the 4th of Dhul-Hijja, the Prophet and his companions reached Mecca, assuming Ihram for Hajj and he ordered his companions to make their intentions of the Ihram for'Umra only (instead of Hajj) so they considered his order as something great and were puzzled, and said, "O Allah's Apostle! What kind (of finishing) of Ihram is allowed?" The Prophet replied, "Finish the Ihram completely like a non-Muhrim (you are allowed everything)." (Bukhari, Volume 2, Book 26, Number 635)

[^25] - The full text of this tradition is under:

'Ata' reported: I, along with some people, heard Jabir b. 'Abdullah saying: We the Companions of Muhammad (may peace be upon him) put on Ihram for Hajj only. Ata' further said that Jabir stated: Allah's Apostle (may peace be upon him) came on the 4th of Dhu'l-Hijja and he commanded us to put off Ihram. 'Ata'said that he (Allah's Apostle) commanded them to put off Ihram and to go to their wives (for inter- course). 'Ata' said: It was not obligatory for them, but (intercourse) with them had become permissible. We said: When only five days had been left to reach 'Arafa, he (the Holy Prophet) commanded us to have intercourse with our wives. And we reached 'Arafa in a state as if we had just made intercourse (with them). He ('Ata') said: Jabir pointed with his hand and I (perceive) as if I am seeing his hand as it moved. In the (meantime) the Apostle of Allah (may peace be upon him) stood amongst us and said: You are well aware that I am the most God-fearing, most truthful and most pious amongst you. If I had formerly known what I came to know lately, I would not have brought the Hadi with me. Had there been no Hadi with me, I would have finished the state of lhram. So they (the Companions) put off Ihrim and we also put off and listened to (the Holy Prophet) and obeyed (his command). Jabir said: 'All came with the revenue of the taxes (from Yemen). He (the Holy Prophet) said: For what (purpose) have you entered into the state of Ihram (whether you entered into the state purely for Hajj and, Umra jointly or Hajj and Umra separately)? He said: For the purpose for which the Apostle of Allah (may peace be upon him) had entered. (The Holy Prophet had entered as a Qiran, i.e. Ihram covering both Umra and Hajj simultaneously.) Thereupon Allah's Messenger (may peace be upon him) said: Offer a sacrifice of animal, and retain Ihram. And 'All brought a sacrificial animal for him (for the Holy Prophet). Suraqa b. Malik b. Ju'shum said: Messenger of Allah, is it (this concession putting off Ihram of Hajj or Umra) meant for this year or is it forever? He said: It is forever. (Sahih Muslim, Book 7, Number 2797).

Elsewhere Muslim narrates:

a) Jabir (Allah be pleased with him) said.: We went with Allah's Messenger (may peace be upon him) in 'a state of Ihram for the Hajj. There were women and children with us. When we reached Mecca we circumambulated the House and (ran) between al-Safa and al-Marwa. The Messenger of Allah (may peace be upon him) said: He who has no sacrificial animal with him should put off lhram. We said: What kind of putting off? He said: Getting out of lhram completely. So we came to our wives, and put on our clothes and applied perfume. When it was the day of Tarwiya, we put on Ihram for Hajj. and the first circumambulation and (running) between al-Safa and al-Marwa sufficed us..Allah's Messenger (may peace be upon him) commanded us to become seven partners (in the sacrifice) of a camel and a cow. (Muslim, Book 7, Number 2794).

b) 'A'isha reported that the Messenger of Allah (may peace be upon him) came out on the 4th or 5th of Dhul'I-Hijja (for Pilgrimage to Mecca) and came to me, and he was very angry. I said: Messenger of Allah, who has annoyed you ? May Allah cast him in fire I He said: Don't you know that I commanded the people to do an act, but they are hesitant. (Hakam said: I think that he said: They seem to be hesitant.) And if I were to know my affair before what I had to do subsequently, I would not have brought with me the

sacrificial animals, and would have bought them (at Mecca) and would have put off lhram as others have done. (Sahih, Muslim,  Book 7, Number 2785).

c) Ja'far b Muhammad reported on the authority of his father: We went to Jabir b. Abdullah and he began inquiring about the people (who had gone to see him) till it was my turn. I said: I am Muhammad b. 'Ali b. Husain. He placed his hand upon my head and opened my upper button and then the lower one and then placed his palm on my chest (in order to bless me), and I was, during those days, a young boy, and he said: You are welcome, my nephew. Ask whatever you want to ask. And I asked him but as he was blind (he could not respond to me immediately), and the time for prayer came. He stood up covering himself in his mantle. And whenever he placed its ends upon his shoulders they slipped down on account of being short (in size). Another mantle was, however, lying on the clothes rack nearby. And he led us in the prayer. I said to him: Tell me about the Hajj of Allah's Messenger (May peace be upon him). And he pointed with his hand nine, and then stated: The Messenger of Allah (may peace be upon him) stayed in (Medina) for nine years but did not perform Hajj, then he made a public announcement in the tenth year to the effect that Allah's Messenger (may peace be upon him) was about to perform the Hajj. A large number of persons came to Medina and all of them were anxious to follow the Messenger of Allah (May peace be upon him) and do according to his doing. We set out with him till we reached Dhu'l-Hulaifa. Asma' daughter of Umais gave birth to Muhammad b. Abu Bakr. She sent message to the Messenger of Allah (May peace be upon him) asking him: What should 1 do? He (the Holy Prophet) said: Take a bath, bandage your private parts and put on Ihram. The Messenger of Allah (May peace be upon him) then prayed in the mosque and then mounted al-Qaswa (his she-camel) and it stood erect with him on its back at al-Baida'. And I saw as far as I could see in front of me but riders and pedestrians, and also on my right and on my left and behind me like this. And the Messenger of Allah (may peace be upon him) was prominent among us and the (revelation) of the Holy Qur'an was descending upon him And it is he who knows (its true) significance. And whatever he did, we also did that. He pronounced the Oneness of Allah (saying): "Labbaik, 0 Allah, Labbaik, Labbaik. Thou hast no partner, praise and grace is Thine and the Sovereignty too; Thou hast no partner." And the people also pronounced this Talbiya which they pronounce (today). The Messenger of Allah (May peace be upon him) did not reject anything out of it. But the Messenger of Allah (May peace.be upon him) adhered to his own Talbiya. Jabir (Allah be pleased with him) said: We did not have any other intention but that of Hajj only, being unaware of the Umra (at that season), but when we came with him to the House, he touched the pillar and (made seven circuits) running three of them and walking four. And then going to the Station of Ibrahim, he recited: "And adopt the Station of Ibrahim as a place of prayer." And this Station was between him and the House. My father said (and I do not know whether he had made a mention of it but that was from Allah's Apostle [May peace be upon him] that he recited in two rak'ahs: "say: He is Allah One," and say: "Say: 0 unbelievers." He then returned to the pillar (Hajar Aswad) and kissed it. He then went out of the gate to al-Safa' and as he reached near it he recited: "Al-Safa' and al-Marwa are among the signs appointed by Allah," (adding:) I begin with what Allah (has commanded me) to begin. He first mounted al-Safa' till he saw the House, and facing Qibla he declared the Oneness of Allah and glorified Him, and said: "There is no god but Allah, One, there is no partner with Him. His is the Sovereignty. to Him praise is due. and He is Powerful over everything. There is no god but Allah alone, Who fulfilled His promise, helped His servant and routed the confederates alone." He then made supplication in the course of that saying such words three times. He then descended and walked towards al-Marwa, and when his feet came down in the bottom of the valley, he ran, and when he began to ascend he walked till he reached al-Marwa. There he did as he had done at al-Safa'. And when it was his last running at al-Marwa he said: If I had known beforehand what I have come to know afterwards, I would not have brought sacrificial animals and would have performed an 'Umra. So, he who among you has not the sacrificial animals with him should put off Ihram and treat it as an Umra. Suraqa b. Malik b. Ju'sham got up and said: Messenger of Allah, does it apply to the present year, or does it apply forever? Thereupon the Messenger of

Allah (May peace be upon him) intertwined the fingers (of one hand) into another and said twice: The 'Umra has become incorporated in the Hajj (adding): "No, but for ever and ever." 'All came from the Yemen with the sacrificial animals for the Prophet (May peace be upon him) and found Fatimah (Allah be pleased with her) to be one among those who had put off Ihram and had put on dyed clothes and had applied antimony. He (Hadrat'Ali) showed disapproval to it, whereupon she said: My father has commanded me to do this. He (the narrator) said that 'Ali used to say in Iraq: I went to the Messenger of Allah (may peace be upon him) showing annoyance at Fatimah for what she had done, and asked the (verdict) of Allah's Messenger (may peace be upon him) regarding what she had narrated from him, and told him that I was angry with her, whereupon he said: She has told the truth, she has told the truth. (The Holy Prophet then asked 'Ali): What did you say when you undertook to go for Hajj? I ('Ali) said: 0 Allah, I am putting on Ihram for the same purpose as Thy Messenger has put it on. He said: I have with me sacrificial animals, so do not put off the Ihram. He (Jabir) said: The total number of those sacrificial animals brought by 'Ali from the Yemen and of those brought by the Apostle (may peace be upon him) was one hundred. Then all the people except the Apostle (may peace be upon him) and those who had with them sacrificial animals, put off Ihram , and got their hair clipped; when it was the day of Tarwiya (8th of Dhu'l-Hijja) they went to Mina and put on the Ihram for Hajj and the Messenger of Ailah (may peace be upon him) rode and led the noon, afternoon, sunset 'Isha' and dawn prayers. He then waited a little till the sun rose, and commanded that a tent of hair should be pitched at Namira. The Messenger of Allah (may peace be upon him) then set out and the Quraish did not doubt that he would halt at al-Mash'ar al-Haram (the sacred site) as the Quraish used to do in the pre-Islamic period. The Messenger of Allah (may peace be upon him), however, passed on till he came to 'Arafa and he found that the tent had been pitched for him at Namira. There he got down till the sun had passed the meridian; he commanded that al-Qaswa should be brought and saddled for him. Then he came to the bottom of the valley, and addressed the people saying: Verily your blood, your property are as sacred and inviolable as the sacredness of this day of yours, in this month of yours, in this town of yours. Behold ! Everything pertaining to the Days of Ignorance is under my feet completely abolished. Abolished are also the blood-revenges of the Days. of Ignorance. The first claim of ours on blood-revenge which I abolish is that of the son of Rabi'a b. al-Harith, who was nursed among the tribe of Sa'd and killed by Hudhail. And the usury of she pre-Islamic period is abolished, and the first of our usury I abolish is that of 'Abbas b. 'Abd al-Muttalib, for it is all abolished. Fear Allah concerning women ! Verily you have taken them on the security of Allah, and intercourse with them has been made lawful unto you by words of Allah. You too have right over them, and that they should not allow anyone to sit on your bed whom you do not like. But if they do that, you can chastise them but not severely. Their rights upon you are that you should provide them with food and clothing in a fitting manner. I have left among you the Book of Allah, and if you hold fast to it, you would never go astray. And you would be asked about me (on the Day of Resurrection), (now tell me) what would you say? They (the audience) said: We will bear witness that you have conveyed (the message), discharged (the ministry of Prophethood) and given wise (sincere) counsel. He (the narrator) said: He (the Holy Prophet) then raised his forefinger towards the sky and pointing it at the people (said): "O Allah, be witness. 0 Allah, be witness," saying it thrice. (Bilal then) pronounced Adhan and later on Iqama and he (the Holy Prophet) led the noon prayer. He (Bilal) then uttered Iqama and he (the Holy Prophet) led the afternoon prayer and he observed no other prayer in between the two. The Messenger of Allah (may peace be upon him) then mounted his camel and came to the place of stay, making his she-camel al-Qaswa, turn towards the side where there we are rocks, having the path taken by those who went on foot in front of him, and faced the Qibla. He kept standing there till the sun set, and the yellow light had somewhat gone, and the disc of the sun had disappeared. He made Usama sit behind him, and he pulled the nosestring of Qaswa so forcefully that its head touched the saddle (in order to keep her under perfect control), and he pointed out to the people with his right hand to be moderate (in speed), and whenever he happened to pass over an elevated tract of sand, he slightly loosened it (the nose-string of his camel) till she climbed up and this is how he reached al-Muzdalifa. There

he led the evening and 'Isha prayers with one Adhan and two Iqamas and did not glorify (Allah) in between them (i.e. he did not observe supererogatory rak'ahs between Maghrib and 'Isha' prayers). The Messenger of Allah (may peace be upon him) then lay down till dawn and offered the dawn prayer with an Adhan and Iqama when the morning light was clear. He again mounted al-Qaswa, and when he came to al-Mash'ar al-Haram, he faced towards Qibla, supplicated Him, Glorified Him, and pronounced His Uniqueness (La ilaha illa Allah) and Oneness, and kept standing till the daylight was very clear. He then went quickly before the sun rose, and seated behind him was al-Fadl b. 'Abbas and he was a man having beautiful hair and fair complexion and handsome face. As the Messenger of Allah (May peace be upon him) was moving on, there was also going a group of women (side by side with them). Al-Fadl began to look at them. The Messenger of Allah (may peace be upon him) placed his hand on the face of Fadl who then turned his face to the other side, and began to see, and the Messenger of Allah (may peace be upon him) turned his hand to the other side and placed it on the face of al-Fadl. He again turned his face to the other side till he came to the bottom of Muhassir.1680 He urged her (al-Qaswa) a little, and, following the middle road, which comes out at the greatest jamra, he came to the jamral682which is near the tree. At this be threw seven small pebbles, saying Allah-o-Akbar while throwing every one of them in a manner in which the small pebbles are thrown (with the help of fingers) and this he did in the bottom of the valley. He then went to the place of sacrifice, and sacrificed sixty-three (camels) with his own hand.1694 Then he gave the remaining number to 'All who sacrificed them, and he shared him in his sacrifice. He then commanded that a piece of flesh from each animal sacrificed should be put in a pot, and when it was cooked, both of them (the Holy Prophet and Hadrat 'All) took some meat out of it and drank its soup. The Messenger of Allah (May peace be upon him) again rode and came to the House, and offered the Zuhr prayer at Mecca. He came to the tribe of Abd al-Muttalib, who were supplying water at Zamzam, and said: Draw water. 0 Bani 'Abd al-Muttalib; were it not that people would usurp this right of supplying water from you, 1 would have drawn it along with you. So they handed him a basket and he drank from it. (Ibid, Book 7 ,Number 2803).

Bukhari has also narrated similar traditions:

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet (p.b.u.h) and Talha had the Hadi (sacrifice) with them. 'Ali arrived from Yemen and had a Hadi with him. 'Ali said, "I have assumed Ihram for what the Prophet has done." The Prophet ordered his companions to perform the 'Umra with the lhram which they had assumed, and after finishing Tawaf (of Ka'ba, Safa and Marwa) to cut short their hair, and to finish their lhram except those who had Hadi with them. They (the people) said, "How can we proceed to Mina (for Hajj) after having sexual relations with our wives?" When that news reached the Prophet he said, "If I had formerly known what I came to know lately, I would not have brought the Hadi with me. Had there been no Hadi with me, I would have finished the state of lhram." 'Aisha got her menses, so she performed all the ceremonies of Hajj except Tawaf of the Ka'ba, and when she got clean (from her menses), she performed Tawaf of the Ka'ba. She said, "O Allah's Apostle! (All of you) are returning with the Hajj and 'Umra, but I am returning after performing Hajj only." So the Prophet ordered 'Abdur-Rahman bin Abu Bakr to accompany her to Tan'im and thus she performed the 'Umra after the Hajj. (Sahih Bukahri, Volume 2, Book 26, Number 713).

[^26] -The entire verse is as under:

وَالْمُحْصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ اللّهِ عَلَيْكُمْ وَأُحِلَّ لَكُم مَّا وَرَاء ذَلِكُمْ أَن تَبْتَغُواْ بِأَمْوَالِكُم مُّحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ إِنَّ اللّهَ كَانَ عَلِيمًا حَكِيمًا.

And all married women except those whom your right hands possess (this is) Allah's ordinance to you, and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication. Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on

you about what you mutually agree after what is appointed; surely Allah is Knowing, Wise. (Quran, Nisa, 24).

[^27] - For further information see, the commentaries by Tabari, Qurtubi, Ibn Kathir, Zamakhshari and Suyuti. See also Ahkam al-Quran by Hassas, vol. 2, p. 208, al-Sunan al-Kubra by Bayhaqi, vol. 7, p. 335, al-Mihhaj by Nawavi, vol. 9, p. 153 and al-Mughni by Ibn Qudama, vol. 7, p. [^571]:

[^28] - Tafsir Qurtubi, vol. 5, p. [^130]: Here he says:

وقال الجمهور المراد نکاح المتعه الذی کان فی صدر الاسلام

[^29] - Quran, Maeda, [^87]:

[^30] - Sahih Bukhari, vol. 5, p. 1953, tradition, 4787, Musnad Ahmad, vol. 1, p. 692 and Musnad Abdullah bin Mas'ud, tradition [^3976]:

See also:

Narrated by Jabir bin 'Abdullah and Salama bin Al-Akwa': While we were in an army, Allah's Apostle came to us and said, "You have been allowed to do the Mut'a (marriage), so do it." Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so. (Sahih Bukhari, Volume 7, Book 62, Number 52)

We used to participate in the holy battles led by Allah's Apostle and we had nothing (no wives) with us. So we said, "Shall we get ourselves castrated?" He forbade us that and then allowed us to marry women with a temporary contract and recited to us:'O you who believe! Make not unlawful the good things which Allah has made lawful for you, but commit no transgression.' (Ibid,

Abdullah (b. Mas'ud) reported: We were on an expedition with Allah's Messenger (may peace be upon him) and we had no women with us. We said: Should we not have ourselves castrated? He (the Holy Prophet) forbade us to do so He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and 'Abdullah then recited this verse: 'Those who believe do not make unlawful the good things which Allah has made lawful for you, and do not transgress. Allah does not like transgressors" (al-Qur'an, v. 87). (Sahih Muslim, Book 8, Number 3243)

Jabir b. 'Abdullah reported: We contracted temporary marriage giving a handful of (tales or flour as a dower during the lifetime of Allah's Messenger (may peace be upon him) and durnig the time of Abu Bakr until 'Umar forbade it in the case of 'Amr b. Huraith. (Ibid,  Book 8, Number 3249).

Ibn Uraij reported: 'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of the Holy Prophet (may peace be upon him) and during the time of Abi! Bakr and 'Umar. (Ibid,  Book 8, Number 3248)

Abu Nadra reported: While I was in the company of Jabir b. Abdullah, a person came to him and said that Ibn 'Abbas and Ibn Zubair differed on the two types of Mut'as (Tamattu'a of Hajj 1846 and Tamattu'a with women), whereupon Jabir said: We used to do these two during the lifetime of Allah's Messenger (may peace be upon him).Umar then forbade us to do them, and so we did not revert to them. (Ibid, Book 8, Number 3250).

[^31] - Tafsir Qurtubi, vol. 5, p. [^132]:

[^32] - Tafsir Tabari, vol. 5, p. [^18]:

[^33] - Al-Tamhid, vol. 11, p. [^102]:

[^34] - Tasir Razi, vol. 3, p. [^167]: Sharh Ma'ani al-Athar, p. 374, Bayhaqi's al-Sunan al-Kubra, vol. 7, p. 206, Bidayat al-Mujtahid, vol. 1, p. 346, al-Muhalla, vol. 7, p. 107, Jassas's ahkam al-Qur'an, vol. 1, p. 279, Asharite Qushji's Sharh Tajrid (sarcastic remarks on Umar), Tafsir Qurtubi, vol. 3, p. 307, al-Mughni, vol. 7, p. 27, Zad al-Ma'ad fi Huda Khair al-ibad, vol. 2, p. 305. Al-Durr al-Mansur, vol. 2, p. 141, Kanz al-Ummal, vol. 8, p. 293 and Wafiyat al-Ayan, vol. 5, p. 197.

[^35] - Qushji's Sharh Tajrid, p. [^484]:

[^36] - Sahih Muslim, vol. 3, p. 194, tradition, no. 1405, Musnad Ahmad, vo. 4, p. 237, Musnad Jabir bin Abdullah, tradition, 13856, Bayhaqi's al-Sunan al-Kubra, Kitab al-Sidaq, tradition, no. 14368, al-Musannaf by Abd al-Razzaq, vol. 7, p. 487 tradition no. [^14021]:

See also:

a) Jabir b. 'Abdullah reported: We contracted temporary marriage giving a handful of (tales or flour as a dower during the lifetime of Allah's Messenger (may peace be upon him) and durnig the time of Abu Bakr until 'Umar forbade it in the case of 'Amr b. Huraith. (Muslim,  Book 8, Number 3249)

b) Jabir b. 'Abdullah and Salama b. al-Akwa' said: There came to us the proclaimer of Allah's Messenger (may peace be upon him) and said: Allah's Messenger (may peace be upon him) has granted you permission to benefit yourselves, i.e. to contract temporary marriage with women. (Ibid, Book 8, Number 3246)

c) Ibn Uraij reported: 'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of theHoly Prophet (may peace be upon him) and during the tinie of Abi! Bakr and 'Umar. (Book 8, Number 3248).

d) Sabra Juhanni reported: Allah's Messenger (may peace be upon him) permitted temporary marriage for us.So I and another person went out and saw a woman of Bana 'Amir, who was like a young long-necked she-camel. We presented ourselves to her (for contracting temporary marriage), whereupon she said: What dower would you give me?I said: My cloak. And my companion also said: My cloak. And the cloak of-my companion was superior to my cloak, but I was younger than he. So when she looked at the cloak of my companion she liked it, and when she cast a glance at me I looked more attractive to her.She then said: Well, you and your cloak are sufficient for me.I remained with her for three nights, and then Allah's Messenger (may peace be upon him) said: He who has any such woman with whom he had contracted temporary marriage, he should let her off. (Ibid, Book 8, Number 3252).

[^37] - Umar is also quoted as having said, "I will stone to death anyone who is brought to me because of practicing temporary marriage. If he is dead and buried I will stone his grave". Sarakhsi's al-Mabsut, vol. 5, p. [^153]:

[^38] - Kanz al-Ummal, vol. 16, p. 218, tradition no. [^845718]:

[^39] - Abd al-Razzaq's al-Musannaf, vol. 7, p. 500, tradition, no. 1402, Tafsir Tabari, vol. 5, p. 19, al-Durr al-Mansur, vol. 2, p. 251, Tafsir Razi, vol. 10, p. [^52]:

[^40] - Tafsir Qurtubi, vol. 5, p. [^130]: Some have used the term 'trivial' in place of the term of 'vicious'. See al-Nihaya, vol. 2, p. 437, Taj al-Arus, vol. 19, p. 578 and other Arabic glossaries.

[^41] - Ta'arikh al-Khulafa, p. [^137]:

[^42] - Al-Muhalla, vol. 9, p. [^129]:

[^43] - Tafsir Qurtubi, vol. 3, p. [^133]:

[^44] - Wafiyat al-A'ayan, vol. 6, pp. 149 – [^150]:

[^45] - Tafsir Kabir, vol. 10, p. [^56]:

[^46] - Al-Minhaj, Sharh Sahih Muslim, vol. 9, p. [^157]:

[^47] - Zad al-Mi'ad fi Huda Khair al-Ibad, vol. 2, pp. 184-[^185]:

[^48] - Ibn Qayyim has mentioned only four instances: Battle of Khaybar, Conquest of Mecca, Battle of Hunain and Farewell Hajj. (Zad al-Mi'ad fi Huda Khair al-Ibad, vol. 2, p. [^183]: The other three intances are taken from Fath al-Bari, vol. 9. P. 210.

[^49] - Zad al-Ma'ad fi Huda Khair al-Ibad, vol. 2, p. [^183]:

[^50] -Ibid, p. [^183]:

[^51] -Ibid, p. [^184]:

[^52] - Tarikh Tabari, vol. 3, p. [^290]:

[^53] - Zad al-Ma'ad fi Huda Khair al-Ibad, vol. 2, pp. 184 and [^185]:

[^54] -For further information see, Conduct of Prophet or Conduct of Caliphs by Husaini Milani.

[^55] - Tahdib al-Tahdib, vol. 6, p. [^215]:

[^56] - See Tadkira al-Huffaz, vol. 4, p. 1407 and Tabaqat al-Huffaz, p. [^57] - We will treat it in future.

[^58] - Fath al-Bari, vol. 9, p. [^210]:

[^59] - Ibid.

[^60] - Ibid, vol. 9, p. [^211]:

[^61] - Zad al-Ma'ad, vol. 2, p. [^183]:

[^62] - Fath al-Bari, vol. 9, pp. 210, 212 and [^213]:

[^63] - Sahih Muslim, vol. 3, p. 196, tradition, [^1406]:

[^64] - Al-Minhaj, Sharh Sahih Muslim, vol. 9, p. [^154]:

[^65] - Fath al-Bari, vol. 9, pp. 210 and [^211]:

[^66] -Al-Sunan al-Kubra, Nisaee, vol. 6, p. 436, tradition, no. [^67] - Sahih Bukhari, vol. 5, p. 1966, tradition, [^4825]:

[^68] -Sahih Muslim, vol. 3, pp. 198 – 199, tradition, no. [^14097]:

[^69] - For further information see: Nawavi's al-Minhaj, vol. 9, p. 155, Ibn Hajar's Fath al-Bari, vo. 9, p. [^212]:

[^70] -  Sahih Muslim, vol. 3, p. [^192]:

[^71] - Tafsir Qurtubi, vol. 5, p. [^131]:

[^72] - Zad al-Ma'ad, vol. 2, p. [^183]:

[^73] - Tahdib al-Tahdib, vol. 6, p. [^345]:

[^74] - Sunan Abu Dawood, vol. 2, p. 92, tradition, [^2072]:

[^75] - Fath al-Bari, vol. 9, p. [^211]:

[^76] - Tahdib al-Tahdib, vol. 5, pp. 90-[^92]:

[^77] - Fath al-Bari, vol. 9, p. [^211]: For further information on these two reporters, see Tahdib al-Tahdib, vo. 10, pp. 339 and 340, vol. 7, pp. 226 and 227.

[^78] - Sahih Muslim, vol. 3, p. 199, tradition, [^1407]:

[^79] - Al-Sunan al-Kubra by Nisaee, vol. 6, p. 436, tradition, 1:

[^80] - Al-Minhaj, Sharh Sahih Muslim, vol. 9, p. [^154]:

[^81] - Majma'a al-Zawaed, vol. 4, p. 487, tradition, [^7391]:

[^82] -Umda al-Qari, vol. 17, p. [^274]:

[^83] - Majma'a al-Zawaed, vol. 4, p. 487, tradition, no, [^7391]:

[^84] - Al-Minhaj, Sharh Sahih Muslim, vol. 9, p. [^154]:

[^85] - Fath al-Bari, vol. 9, p. [^209]:

[^86] - Zad al-Ma'ad, vol. 2, p. [^183]:

[^87] -Al-Muwatta, vol. 2, p. 543, tradition, no, [^41]:

[^88] - Minhaj al-Sunna, vol. 4, p. [^189]:

[^89] - Al-Sunan al-Kubra by Bayhaqi, vol. 5, p. 8, tradition, [^8818]:

[^90] - Fath al-Bari, vol. 9, p. [^210]:

[^91] - Umda al-Qari, vol. 7, p. [^246]:

[^92] - Irshad al-Sari, vol. 11, p. 397, vol. 9, p. [^239]:

[^93] - Zad al-Ma'ad, vol. 2, p. [^184]:

[^94] - Tarikh Ibn Kathir, vol. 4, p. [^220]:

[^95] - MInhaj al-Sunna, vol. 4, p. [^190]:

[^96] - Fath al-Bari, vol. 9, p. [^216]:

[^97] - Sahih Muslim, vol. 3, p. 197, tradition, [^1406]:

[^98] - For further information, see:  An how Abu Bakr led prayer in place of the Prophet, pp. 61-[^66]:

[^99] - For further information see, Conduct of Prophet or Conduct of Caliphs?.

[^100] - For further information see, An Evaluation of following Sheikain', by the same author.