After mentioning some specifications of temporary marriage he mentions...
After mentioning some specifications of temporary marriage he mentions: Previous scholars did not differ that temporary marriage is a kind of marriage in which there is no inheritance and in which separation takes place after the expiration of the duration of contract needing thus no divorce.
Qurtubi then quotes Ibn Atiyya on the specifications of this contract and its rulings.[^31] Tabari also quotes Saddi as saying, "In this kind of marriage, man marries a woman on a pre-specified dowry and time "[^32] In his al-Tamhid , Ibn Abd al-Barr, says, "Scholars are unanimous that in temporary marriage there is no need for witness or the permission of the guardian of the woman.
Similarly all agree that this kind of marriage is temporary in which there is no exchange of inheritance and in which separation takes place with the termination of the duration of contract – not with divorce."[^33] Umar forbids temporary marriage (Like mut'a of hajj), temporary marriage was lawful and current during the time of the Holy Prophet (s), Abu Bakr and even for some while at the time of Umar, until Umar forbade it saying, "Two pleasures were lawful and current at the time of the Messenger of Allah (s) but I forbade both of them and punish those who do them.
They are pleasure (mut'a) of hajj and temporary (mut'a) marriage. This word of Umar has been mentioned in tradition sources as well as in commentary and theological books.
Among the books that contain it, are: Tafsir Razi, Sharh Ma'ani al-Athar, Bayhaqi's al-Sunan al-Kubra, Bidaya al-Mujtaheed, al-Muhallah, Jassas's Ahkam al-Quran, Ash'arite Qushji's Sharh al-Tajrid, Tafsir Qurtubi, al-Mughni, Zad al-Mi'ad fi Huda Khair al-Ibad, al-Durr al-Mansur, Kanz al-Ummal and Wafiyat al-A'ayan .[^34] Some historians and traditionists such as Sarakhsi have mentioned that this tradition is authentic.
Others like Ibn Qayyim Jawzi have testified to the authenticity of this tradition. In his al-Muhadirat, Raghib Isfahani says: Addressing a sheikh in Basra, Yahya bin Aktham said, "Whom do you follow in permitting mut'a?" "I follow Umar", he replied. "How do you follow him while he was among the strictest opponents of mut'a?", he asked.
"This is because according to an authentic tradition, he mounted pulpit and said: Allah and His Messenger (s) made two mut'as lawful to you, but I forbade them and punish those who do them.