Azami 4938

Muslim narrated it in the chapter on Hajj (1225) through several routes from Sulayman Taymi, from Ghunaym bin Qays, who said, then he mentioned it.His statement, "about mutah," means mutah in Hajj, as stated in another narration. What is meant here by Hajj is Umrah, because they used to apply the term Hajj to Umrah as well.His statement, "and this one at that time was a disbeliever living by the arsh." Al-arsh, with damma on the ain and the ra, refers to the houses of Makkah, as it is explained in the narration. Abu Ubayd said, "The houses of Makkah were called arsh because they were made of wooden poles set up and covered for shade."Nawawi said, "The reference here is to Muawiya bin Abu Sufyan. The meaning is that we performed mutah while Muawiya was at that time a disbeliever following the religion of the Jahiliyyah, residing in Makkah. What is meant by mutah here is the Umrah that took place in the year seven after the Hijrah, which is the Umrah of Qada. Muawiya was a disbeliever at that time, and he only accepted Islam later, in the year of the conquest, year eight. It has also been said that he accepted Islam after the Umrah of Qada in year seven, but the first view is the correct one. As for the other Umrahs performed by the Prophet ﷺ besides this one, Muawiya was not a disbeliever during them, nor was he residing in Makkah, but rather he was working alongside him ﷺ."He said, "This hadith shows the permissibility of mutah in Hajj."See Nawawi's commentary on Sahih Muslim (8/203–204).