Moreover...

Moreover, the Hadith demonstrating that Mut'a is forbidden are in conflict with those that show it is permitted. They also conflict with Hadith that show that Mut'a continued to be permitted during the times of the Prophet, Abu Bakr, and Umar, up until the time that Umar banned it. The correct course of action is to prefer those Hadith which establish its permissibility, for a number of reasons: (a) The Hadith indicating the permissibility of Mut'a outnumber those which show that it is banned.

(b) Everyone agrees that the, traditions indicating that Mut'a was permitted at certain times are authentic and have been transmitted in parallel, but this is not the case concerning those which indicate that it was banned. Hence one can speak of a consensus (Ijma') in the sense that all Muslims at one time agreed that Mut'a was permitted, even though afterwards a disagreement arose.

In order to choose the right course, we can not base ourselves upon opinion but must hold fast to that which we have certainty. Hence we must conclude that Mut'a is still permitted, as long as we do not have firm knowledge to the contrary. (c) The traditions which point to the banning of Mut'a are themselves questionable.

When we realize that one of the incontestable elements of Shia as established by the Imams of Ahlul-Bayt is the permissibility of Mut'a, then no Hadith related from Ali stating that Mut'a is forbidden can be authentic. Someone who held without question that Mut'a is permissible would not relate a Hadith from the Prophet that it is forbidden. On many occasions Ali censured Umar's banning of Mut'a.

His saying: 'If Umar had not banned Mut'a, no one but the wretched would practice fornication' is well-known, and no one has questioned its authenticity. Reference: Jawahir, v5, pp 162-163. Those who hold that Mut'a is forbidden have also claimed the consensus of the Community as one of their proofs. They say that after Umar banned Mut'a, all of the Prophet's went along with him with the exception of Ibn Abbas, and perhaps he might have changed his opinion towards the end of his life.

In answer to this claim, the Shia point out that 'consensus' was never established for the banning of Mut'a; and in any case, the very fact that the Shia Imams (the Household of the Prophet) who are the very pillars of Islam, have all agreed that Mut'a is permitted shows that there was in fact no consensus.