ভূমিকা
Shiavault - a Vault of Shia Islamic Books A Shi'ite Encyclopedia (chapter 6) More Arguments On the Hadith The Sunni argument for the prohibition of Mut'a based upon the Hadith can be summarized as follows: The reason that the scholars have differed concerning Mut'a is that it was permitted and then banned a number of times. Ibn al-Arabi (d.
638/1240), the famous Sufi who wrote on the meaning of the Shari'ah, calls Mut'a one of the most remarkable edicts in Islamic law, since it was permitted at the beginning of Islam, then forbidden at the Battle of Khaibar, then permitted again at the war of Autas. Finally it was forbidden and remained forbidden. No other edict in Islam was changed a number of times with the exception of the Qibla (the direction of prayer), for that was abrogated twice before being finalized.
Al-Qurtubi reports that other authorities who have studied the traditions concerning Mut'a say that its edict was changed seven times. He refers to the traditions in six Sunni collections explaining how the situation of Mut'a was changed. As for the Hadith of Sabra, which states that the Prophet permitted Mut'a at the Farewell Pilgrimage in the year 10/632, Abu Ja'far al-Tahawi acknowledges that this is not in keeping with the other Hadith.
He explains that the Prophet permitted Mut'a at the conquest of Mecca, when the men complained of separation from their wives. They could not have complained of such separation during the Farewell Pilgrimage, since all of the wives were present, and the single men could have taken permanent wives in Mecca. So the special situation that existed during the other journeys and battles was lacking.
However, we can explain the situation as follows: Since the Prophet usually permitted Mut'a during journeys away from Medina, in this case also he permitted it; but then he banned it for the final time wanting all the Muslims to know about it, for all of them were present for the Farewell Pilgrimage. There is also the fact that the Meccans were in the habit of practicing Mut'a widely.
Thus the Prophet banned Mut'a in Mecca so that they would understand that they could not continue in their former custom. The Shia answer to the Sunni argument on the basis of Hadith can be summarized as follows: As has been mentioned already, if Mut'a was made forbidden in the last pilgrimage where according to al-Tahawi's argument most of the Muslims were with the Prophet, then how can only Sabra have heard of the saying of the Prophet?!