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Shiavault - a Vault of Shia Islamic Books Temporary Marriage in Islamic Law Arguments Derived From the Hadith The Sunni argument for the prohibition of mut'a based upon the hadith can be summarized as follows: [^43] The reason that the ulama' have differed concerning mut'a is that it was permitted and then banned a number of times.

In the Sahih of Muslim (IV, p.130) the following is related from one of the : 'We were fighting in a battle alongside the Messenger of God, and our wives were not with us. We asked him: 'May we emasculate (istikhsa') ourselves?' He forbade us to do so and gave us permission to marry women for a period of time in exchange for an item of clothing.

Abu Hatim al-Busti, a well-known compiler of hadith, remarks in his Sahih that the question the asked the Prophet shows that at first mut'a was forbidden, and hence the questioners saw no escape from their sexual desires but emasculation. Likewise, the Prophet's answer is meaningless unless mut'a had been forbidden up until that time. Then in the year of the battle of Badr (2/624) he forbade it; again, when Mecca was conquered (8/630) he allowed it, but only for a period of three days.

Then he forbade it until the Day of Resurrection. Ibn al-'Arabi (d. 638/1240), the famous Sufi, wrote voluminously on the meaning of the sharf'a. He calls mut'a one of the most remarkable statutes in Islamic law, since it was permitted at the beginning of Islam, then forbidden at the Battle of Khaybar, then permitted again at the war of Awtas. Finally it was forbidden and remained forbidden.

No other statute 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 statute was changed seven times. He refers to Muslim's Sahih as the source for several authentic hadith explaining how the situation of mut'a was changed (most of these have been quoted above).

Other hadith are quoted in other sources, such as the Sunan of Abu Dawud. Al-Qurtubi quotes Abu Ja'far al Tahawi to the effect that none of the hadith which are quoted as referring to the permissibility of mut'a in unconditional terms are in fact unconditional, since they specify that mut'a was permitted only during journeys.