Azami 6477

Muslim narrated it in the Book of Marriage (17:1405) from Hamid bin Umar Bakrawi, who said, Abdul-Wahid (meaning Ibn Ziyad) told us, from Asim, from Abu Nadra, and he related it.This hadith shows evidence that Jabir bin Abdullah had not been informed of the abrogation, and likewise Ibn Abbas, except that it is established that the latter later retracted his position. And if his retraction were not established, then his ruling would be understood as being for necessity, as related in Sahih Bukhari (5116) from Abu Jamra, who said, I heard Ibn Abbas being asked about the temporary marriage of women, and he permitted it. A freed slave of his said to him, "That was only in dire circumstances, when women were scarce," or something similar. Ibn Abbas said, "Yes."Or perhaps Ibn Abbas understood that the Prophet ﷺ had prohibited it when there was no need for it, and permitted it when there was a need, so he would issue rulings permitting it, saying that it was like carrion, blood, and pork, permissible in cases of necessity and fear of hardship. People then understood him to have permitted it as an absolute permission, and they composed poetry likening it to that. When Ibn Abbas saw this, he reverted to the position of prohibition, as Hafiz bin Qayyim said in his Zad (3/345).I say, this is because Tabarani related in Al-Kabir (10/315) from Saeed bin Jubayr, who said, I said to Ibn Abbas, "Do you know what you have done, and what you have ruled? Riders have carried your ruling far and wide, and poets have spoken of it." He said, "And what did they say?" I said, "They said,The old man said, when his sitting grew long, 'Oh friend, would you care for the young men of Ibn Abbas, Would you care for a companionable concession at the edges, Where your stay could last until people depart.'"He said, "Truly to Allah we belong and truly to Him we return. No, by Allah, that is not what I ruled, nor is that what I intended. I did not permit anything of it except what Allah has permitted of carrion and pork."However, the chain of transmission contains Hajjaj, who is Ibn Artah, and it was on this basis that Haythami criticized it in Al-Majmu (4/265), saying, "He is trustworthy, but he conceals defects in transmission, and the rest of its narrators are those of the sahih."Now know that the temporary marriage of women was known in pre-Islamic times, and the Messenger of Allah ﷺ permitted it in some of the military expeditions, as previously mentioned in the hadith of Abdullah bin Masud. Then it was forbidden on the day of Khaybar, then it was permitted again in the year of the conquest and at Awtas, as previously mentioned, for a short period. Then it was forbidden with a general prohibition on the day of the conquest, before leaving Makkah, and so it remains forbidden until the establishment of the Hour.Shafii pointed to the historical phases of the temporary marriage of women when he said, "I do not know of anything that Allah permitted, then forbade, then permitted, then forbade, except temporary marriage." Its prohibition then became settled until the Day of Judgment.For this reason, the Commander of the Faithful, Umar bin Khattab, threatened Rabia bin Umaya when Khawla bint Hakeem informed him that he had contracted a temporary marriage with a woman and she had conceived from him. Umar went out in alarm, dragging his cloak, and said, "This is temporary marriage, and had I dealt with it earlier, I would have had the offender stoned."Malik narrated it in the Book of Temporary Marriage (44) from Urwa bin Zubayr, that Khawla bint Hakeem came to Umar bin Khattab and informed him of this.