The words of slaves are ambiguous and no faqih will give a fatwa like that. This fatwa is open to interpratation.
NO! The Fatwa is NOT open for interpretation, its your lack of understanding and ignorance of other ahadeeth, due to which you weren't able to see the clarity. The fact is that the previous Fatwa he gave was ambigious, hence he was question over this issue, for which he gave a clear answer.
5116 – حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ، حَدَّثَنَا غُنْدَرٌ، حَدَّثَنَا شُعْبَةُ، عَنْ أَبِي جَمْرَةَ، قَالَ: سَمِعْتُ ابْنَ عَبَّاسٍ: سُئِلَ عَنْ مُتْعَةِ النِّسَاءِ «فَرَخَّصَ»، فَقَالَ لَهُ مَوْلًى لَهُ: إِنَّمَا ذَلِكَ فِي الحَالِ الشَّدِيدِ، وَفِي النِّسَاءِ قِلَّةٌ؟ أَوْ نَحْوَهُ، فَقَالَ ابْنُ عَبَّاسٍ: «نَعَمْ»
Ibn ‘Abbas was asked regarding temporary marriage with women so he allowed it. On this one of his slaves said, “It is only in harsh condition, when there is lack of women?” or something of that sort. So Ibn ‘Abbas said, “Yes.”
You say ibn `Abbas (ra) permitted Mut`ah right? but as you know that the Prophet (SAWS) only permitted it in Jihad as a Rukhsa back then and then it was banned forever, in this case let me show you with further clarification what kind of Mut`ah ibn `Abbas (ra) permitted:
قال أبو بكر الإسماعيلي في المستخرج: أنبأ يوسف القاضي: ثنا عمرو بن مرزوق: أنبأ شعبة، عن أبي جمرة، عن ابن عباس: أنه سُئِلَ عن متعة النساء، فقال مولى له: إنما كان ذلك في الجهاد والنساء قليل؟!. قال: فقال ابن عباس: صدق
Abu Bakr al-Isma`ilee in his Mustakhraj: Yusuf al-Qadi told, `Amro bin Marzuq told us, Shu`bah told us, from abi Hamzah, from ibn `Abbas (ra): That he was asked about the Mut`ah of women, so a Mawla of his asked him: "It is only in Jihad and women are few!?" ibn `Abbas (ra) said: "That's true."
Grading: Sahih.
Now to explain you in more detail, that what the Fatwa of Ibn Abbas(ra) is explicit is because people during his time were well aware of the fact that, Prophet(SAWS) ALLOWED Mutah ONLY as RUKHSA, it was NOT ALLOWED IN GENERAL, hence the slave of Ibn Abbas(ra) clarified with him, that he is allowing it in the similar way as well, that is during Jihad when there is scarcity of women, to which Ibn Abbas(ra) said: Yes, and he compared it with dead meat and flesh of swine, as I will discuss this later.
What is a badly need for sex,when so many sahabas were unmarried and Prophet advised fasting for the lust and not mutah.
Your foolish arguments shows that you have not research this topic well. Read this hadeeth, you'll understand the situation, and what Prophet(SAWS) advised to people in that situation.
Musannaf `Abdul-Razzaq:
عَنِ ابْنِ عُيَيْنَةَ ، عَنْ إِسْمَاعِيلَ ، عَنْ قَيسٍ ، عَنْ عَبْدِ اللَّهِ بْنِ مَسْعُودٍ ، قَالَ : " كُنَّا نَغْزُو مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَتَطُولُ غُرْبَتُنَا , فَقُلْنَا : أَلا نَتَخَصَّى يَا رَسُولَ اللَّهِ ؟ فَنَهَانَا ، ثُمَّ رَخَّصَ أَنْ نَتَزَوَّجَ الْمَرْأَةَ إِلَى أَجَلٍ بِالشَّيْءِ ، ثُمَّ نَهَانَا عَنْهَا يَوْمَ خَيْبَرَ ، وَعَنْ لُحُومِ الْحُمُرِ الإِنْسِيَّةِ " .
[From ibn `Uyaynah, from Isma`eel ibn abi Khalid, from Qays bin `Awf, from `Abdullah ibn Mas`oud (ra) that he said:
"We used to make Ghazawat with the messenger (SAWS), so our absence would be very long (from home), so we said: "Should we castrate ourselves O messenger of Allah?" So he forbade us from it and made us a Rukhsa that we can marry the woman for a temporary time in exchange for something, then he forbade us from it on the day of Khaybar and the meat of the domestic donkey.]
grading: Sahih.
Did you see now the situation and the advice of Prophet(SAWS) which he gave as RUKHSAH?
an overseas student may need to do Mut’ah as this is the only means to control his sexual desire. Some Sunnis do allow Mutah but cleverly cover it as only the male contracting mutah.So deception is allowed for them.Alll this confusion originates from the fatwa of Ibn Abbas
As we pointed out previously, if a person travels to a country to study or for work as an ambassador or for any other reason that allows him to travel to non-Muslim countries, it is permissible for him to conclude a marriage while having the intention to divorce when he returns if he needs to get married because he fears temptation.
Fatwas of Ibn Baz
Content > Volume 5 > Marriage with the intention of divorce
Marriage with intention of divorce
(1) Majority of scholars deemed this kind of marriage contract valid and allowed; meaning the involved parties did not commit fornication or adultery since such intention is neither disclosed nor known to the bride and her guardian.
(2) Despite of the validity of the contract, should a man establish the will in his heart to divorce the woman he intends to marry after certain part of time,
he is by that commits a major sin because such intention is nothing but a cheating, misleading, decieving and taking advantage of people's good will.
The Fiqh Concil of the Islamic World League disallowed this kind of marriages due to the sinful intention and the unthinkable harm and suffering caused to the wife and her family. [See the resolutions of the Council dated 8/12/2006]
The following is the quote of the issued resolution
Quote:
منع المجمع الفقهي الإسلامي برابطة العالم الإسلامي في دورته الثامنة عشــرة المنعقــدة بمكة المكرمة في الفترة من 10-14/3/1427هـ الذي يــوافقه 8-12/4/2006م هذا الزواج حين نظر في موضوع: (عقود النكاح المستحدثة) جاء ما يلي: " الزواج بنية الطلاق وهو: زواج توافرت فيه أركان النكاح وشروطه وأضمر الزوج في نفسه طلاق المرأة بعد مدة معلومة كعشرة أيام، أو مجهولة ؛ كتعليق الزواج على إتمام دراسته أو تحقيق الغرض الذي قدم من أجله.
وهذا النوع من النكاح على الرغم من أن جماعة من العلماء أجازوه، إلا أن المجمع يرى منعه ؛ لاشتماله على الغش والتدليس. إذ لو علمت المرأة أو وليها بذلك لم يقبلا هذا العقد. ولأنه يؤدي إلى مفاسد عظيمة وأضرار جسيمة تسيء إلى سمعة المسلمين"
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http://islamport.com/k/mjl/6401/53861.htmTo give example of Pork and dead animals is foolish. Because they are Haram for us but mutah was halal for us once and was then made haram.
Again an argument out of jahl. These things were halal too until the ruling of their prohibition came. If this doesn't gets in your brain, then let me give you the example of alcohol. It was allowed at a time in Islam, however it was prohibited later. Now, can you use this Rukhsah given for alcohol, as an evidence that Alcohol is permissible? No.
And mind your language, A Sahabi of Prophet(SAWS) also compared Mutah with Flesh of Swine.Al-Musannaf” (14033) through Az-Zuhri from Khalid bin Muhajir:
عَنْ مَعْمَرٍ قَالَ: أَخْبَرَنِي الزُّهْرِي، عَنْ خَالِدِ بْنِ الْمُهَاجِرِ بْنِ خَالِدٍ قَالَ: أَرْخَصَ ابْنُ عَبَّاسٍ فِي الْمُتْعَةِ، فَقَالَ لَهُ ابْنُ أَبِي عَمْرَةَ الْأَنْصَارِيُّ: «مَا هَذَا يَا أَبَا عَبَّاسٍ؟» فَقَالَ ابْنُ عَبَّاسٍ: فُعِلَتْ مَعَ إِمَامِ الْمُتَّقِينَ. فَقَالَ ابْنُ أَبِي عَمْرَةَ: «اللَّهُمَّ غُفْرًا، إِنَّمَا كَانَتِ الْمُتْعَةُ رُخْصَةً كَالضُّرُورَةِ إِلَى الْمَيْتَةِ، وَالدَّمِ، وَلَحْمِ الْخِنْزِيرِ، ثُمَّ أَحْكَمَ اللَّهُ تَعَالَى الدِّينَ بَعْدُ»
Ibn ‘Abbas permitted Mut’ah so Ibn Abi ‘Amrah said to him, “What is this O Ibn ‘Abbas?” He said, “I did it during the time of the leader of pious.”
Ibn Abi ‘Amrah said, “May Allah forgive. Indeed Mut’ah was an exemption like in the case when the dead meat, blood or the flesh of swine is necessary. Then Allah completed his religion after that.”
Now lack of food is known to cause death but lack of sex has never caused death so what is the necessity of Mutah?Even giving wine is necessary in some conditions but I have never heard lack of sex causing death!
This is the situation Ibn Abbas(ra) was talking about.
Musannaf `Abdul-Razzaq:
عَنِ ابْنِ عُيَيْنَةَ ، عَنْ إِسْمَاعِيلَ ، عَنْ قَيسٍ ، عَنْ عَبْدِ اللَّهِ بْنِ مَسْعُودٍ ، قَالَ : " كُنَّا نَغْزُو مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَتَطُولُ غُرْبَتُنَا , فَقُلْنَا : أَلا نَتَخَصَّى يَا رَسُولَ اللَّهِ ؟ فَنَهَانَا ، ثُمَّ رَخَّصَ أَنْ نَتَزَوَّجَ الْمَرْأَةَ إِلَى أَجَلٍ بِالشَّيْءِ ، ثُمَّ نَهَانَا عَنْهَا يَوْمَ خَيْبَرَ ، وَعَنْ لُحُومِ الْحُمُرِ الإِنْسِيَّةِ " .
[From ibn `Uyaynah, from Isma`eel ibn abi Khalid, from Qays bin `Awf, from `Abdullah ibn Mas`oud (ra) that he said: "We used to make Ghazawat with the messenger (SAWS), so our absence would be very long (from home), so we said:
"Should we castrate ourselves O messenger of Allah?" So he forbade us from it and made us a Rukhsa that we can marry the woman for a temporary time in exchange for something, then he forbade us from it on the day of Khaybar and the meat of the domestic donkey.]
grading: Sahih.
However, it is true that Ibn Abbas was criticized for this view by scholars.
Imam Al-Khattaby criticized the legal view of Ibn `Abbas. After citing the narration that Ibn Al-Qayyim related from him, he said: This makes it clear that he, i.e. Ibn `Abbas, concluded his view on the grounds of Qiyas (analogical deduction) comparing Mut`ah marriage to eating unlawful food for a person in a case of pressing necessity. However, it is an incorrect Qiyas, because necessity in this case, i.e. Mut`ah marriage, is not equal to a case of needing food that preserves life and whose lack could result in death. Unlike food, Mut`ah marriage is a matter of overcoming desire, which is possible to restrain or stop through Sawm (Fasting) and treatment. Thus, they are not of equal stand with regard to the legally considered necessity." End of Al-Khattaby's speech. It is also cited and even affirmed by Al-Hafizh Abu Bakr Muhammad ibn Musa Al-Hazimy in his book [Al-I`tibar fi Al-Nasikh wal-Mansukh min Al-Athar].
http://alifta.net/Fatawa/FatawaSubjects.aspx?languagename=en&View=Page&HajjEntryID=0&HajjEntryName=&RamadanEntryID=0&RamadanEntryName=&NodeID=2365&PageID=4012&SectionID=14&SubjectPageTitlesID=26668&MarkIndex=12&0But can you give me a clear narration in which Ibn Abbas stated that he means a Mutta with certain condition. But there are several narrations where he allowed Mutta.You are just clutching at straws by interpreting a narration while no one has ever claimed that Ibn Abbas gave a conditional fatwa.
You need to use a little common sense to understand this issue.
Prophet(saws) allowed Mutah was Ruksah under extreme case, therefore when Ibn Abbas did so, then he did in the same manner, as was done by Prophet(saws). However, his Fatwa was ambiguous ad misunderstood. Hence his slave asked question that there remains ambiguity, on which Ibn Abbas clarified that he was in extreme case, as reported in Sahih Bukhari.
Ibn Abbas narrated “Rasulullah (s) gave us the order to practise Mut’ah, it existed, Urwah ibn Zubayr said, ‘Abu Bakr and Umar stopped this’, Ibn Abbas responded saying ‘I’m telling you what Rasulullah (s) deemed halaal and you’re telling me what Abu Bakr and ‘Umar did, I see that you shall be destroyed”.
ضه فيها بأبي بكر وعمر : يوشك أن تنزل عليكم حجارة من السماء أقول : قال رسول الله صلى الله عليه وآله وسلم وتقولون : قال أبو بكر وعمر
When people would say to Ibn Abbas: 'You deem Mut'ah to be halaal, whilst Abu Bakr and Umar prohibited it', he would reply: 'May stones hit you from the sky, I am telling you about the orders of Rasulullah(s) and your telling me about the orders of Abu Bakr and Umar'.
Zaad al Maad, Volume 2 page 176
I refuted this quote from you previously, saying these quotes are for Mutah al Haj not Mutah al-Nisa. So why this deception again? Aren't you ashamed of this cheap deceit of mixing Mutah al hajj with Mutah al nisa? Albani admits that Ibn Abbs allowed Mutah totally without any condition.
قال الشيخ.هـ وقال: (6/319): وجملة القول : أن ابن عباس رضي الله عنه روي عنه في المتعة ثلاثة أقوال : الأول : الاباحة مطلقا . الثاني : الاباحة عند الضرورة . والآخر : التحريم مطلقا وهذا مما لم يثبت عنه صراحة بخلاف القولين الأولين فهما ثابتان عنه . والله أعلم.ا.هـ
قال ابن بطال: روى أهل مكة واليمن عن ابن عباس إباحة المتعة، وروي عنه الرجوع بأسانيد ضعيفة وإجازة المتعة عنه أصح، وهو مذهب الشيعة.
Ibn Batal said: 'The People of Mecca and Yemen narrated from Ibn Abbas that Mut'ah is permissible. It is narrated by a weak chain that Ibn Abbas revoked its permissibility. The permission of Mut'ah by him is more correct and this is the doctrine of the Shia.'
Online Fath al Bari, Vol 9 Kitab al Nikah
Ibn Kathir admits that Ibn abbas allowed mutah and mentions no conditins
’’أنہ رخص فیہ ابن عباس وطائفۃ من السلف/ مجموع الفتاوي جز ۳۲، ص ۹۳
قال ابو عمر :اصحاب ابن عباس من اھل مکۃوالیمن کلھم یرون المتعۃ حلالا علی مذہب ابن عباس/ الجامع لاحکام القرآن ۔جز۔۵،صفحہ ۔۱۳۳،
Companions of Ibn Abbas and residents of mecca and yemen,believe that Mutah is halal and that is because of fatwa of Ibn abbas that Mutah is Halal.
It is not right that Ibn Abbas never supported shia,because Ibn Hijr stated that
اجازۃالمتعۃعنہ اصح وھو مذہب الشیعۃ/ فتح الباری ۔جز ۔۹،ص ۔۱۷۳
It is correct that Ibn Abbas gave fatwa that Mutah is halal and permissible and it is also correct THAT THIS IS THE RELEGION OF SHIA.
ومع ھذامارجع ابن عباس عما کان یذہب الیہ من اباحت الحمر والمتعۃ/ البدایۃوالنھایۃ۔جز ،۶ ،ص۔۲۷۸ ۵۔
Ibn Abbas deemed Mutah permissable and donkey meat allowed and he never reverted this position
As explained earlier, Prophet(saws) allowed Mutah as Ruksah under extreme case, therefore when Ibn Abbas did so, then he did in the same manner, as was done by Prophet(saws). However, his Fatwa was ambiguous and misunderstood. Hence his slave asked question that there remains ambiguity, on which Ibn Abbas clarified that he was in extreme case, as reported in Sahih Bukhari.
Therefore, when the scholars mention that Ibn Abbas considered Mutah Halal, then it is to be understood that it was done in the same way as Prophet(SAWS) did, that is Ruksah under extreme condition. And yes this Fatwa matches the Shia because they too agree that in extreme cases Mutah is permissible. However, the view of Ibn Abbas differs with Shias on the issue that SHias allow it without any condition too.
You are just clutching at straws by interpreting a narration while no one has ever claimed that Ibn Abbas gave a conditional fatwa.So all of these scholars are wrong?
Since your stupidity in failing to understand a clear hadeeth where Ibn Abbas gave Fatwa under condition, has been be explained. Now lets bust your bubble of ignorance that NO ONE ever claimed that Ibn Abbas gave a conditional Fatwa.
Allow me to quote several scholars in support of my view, and some even believed that Ibn Abbas retracted from his Fatwa, which ofcourse isn't going to go down your throat. So, how about me asking the same question, are all these scholars wrong?
1.Ibn Al-Qayyim said: "Is it - the prohibition of Mut`ah marriage - permanently fixed or is it like eating the flesh of a dead animal and blood and marrying a slave girl, which may be permitted under the compulsion of necessity and fear of being harmed in religion or body? The latter proposition is the reasoning adopted by Ibn `Abbas when he judged it as permissible under the compulsion of necessity, but when people practiced it widely without restraint, going beyond the condition of necessity, he recanted his Fatwa and retracted it." End of what Ibn Al-Qayyim stated in Zad Al-Ma`ad.
2. Imam Al-Khattaby criticized the legal view of Ibn `Abbas. After citing the narration that Ibn Al-Qayyim related from him, he said: This makes it clear that he, i.e. Ibn `Abbas, concluded his view on the grounds of Qiyas (analogical deduction) comparing Mut`ah marriage to eating unlawful food for a person in a case of pressing necessity. However, it is an incorrect Qiyas, because necessity in this case, i.e. Mut`ah marriage, is not equal to a case of needing food that preserves life and whose lack could result in death. Unlike food, Mut`ah marriage is a matter of overcoming desire, which is possible to restrain or stop through Sawm (Fasting) and treatment. Thus, they are not of equal stand with regard to the legally considered necessity." End of Al-Khattaby's speech. It is also cited and even affirmed by Al-Hafizh Abu Bakr Muhammad ibn Musa Al-Hazimy in his book [Al-I`tibar fi Al-Nasikh wal-Mansukh min Al-Athar].
3. The author of Tah-dhib Sunan Abu Dawud (a commentary on a Hadith collection classified by jurisprudential themes) said, "He, i.e. Ibn `Abbas (may Allah be pleased with them both), adopted this approach and permitted Mut`ah marriage in cases of irresistible necessity or need, but he did not permit it absolutely. However, when people practiced it widely, he retracted his view. Indeed, he held the view that the prohibition is only applied to a person who is not in need of it (i.e., Mut`ah marriage).
4. Abu Bakr Al-Jassas is also among those who criticized this view of Ibn `Abbas. He said in his book [Ahkam Al-Qur'an (vol.2, p.148)]: "It is reported from Ibn `Abbas that he made it, i.e. Mut`ah marriage, equal in ruling to consuming a dead animal, flesh of swine, and blood, which is not permissible except in cases of necessity. However, this is impossible (the comparison), because the legally-considered necessity that makes unlawful matters lawful is inexistent in Mut`ah marriage. That is because the legally-considered necessity that permits the consumption of a dead animal and blood is that which could result in the loss of life i.e. when a person does not eat.
We are sure, nevertheless, that a person does not fear death or loss of any of his limbs due to refraining from sexual intercourse. It is not permissible in the state of prosperity and (at the same time) there is no urgent necessity for it, so it is proven that it is forbidden and the saying that it may be permitted under the compulsion of necessity, like eating the flesh of a dead animal or blood, becomes impossible (as it has no place). This is then a paradox and impossible statement. Indeed, this narration ascribed to Ibn `Abbas could most likely be a misreported statement, because he (may Allah be merciful to him) is very well versed in jurisprudence to be unaware of that. Hence, the authentic narration is that which speaks of his prohibiting and preventing people from it after he retracted his former view (of permitting it in cases of urgent necessity)." End of Abu Bakr Al-Jassas' citation.
5. Al-Tirmidhy, who said in his Jami` (collection of Hadiths) in the chapter entitled: "Tahrim Nikah Al-Mut`ah [Prohibition of Mut`ah marriage]", vol.5, p. 49; after mentioning that the adopted practice, according to the scholars among the Sahabah (Companions) of the Messenger (peace be upon him) and others, is the prohibition of Mut`ah marriage: It is only ascribed to Ibn `Abbas that he gave some Rukhsah (concession) to practice Mut`ah marriage and then retracted his view and said that the Prophet (peace be upon him) forbade it.
http://alifta.net/Fatawa/FatawaSubjects.aspx?languagename=en&View=Page&HajjEntryID=0&HajjEntryName=&RamadanEntryID=0&RamadanEntryName=&NodeID=2365&PageID=4012&SectionID=14&SubjectPageTitlesID=26668&MarkIndex=12&0Shawkani states that Ibn abbs states that Mutah is halal and permissible and THIS IS THE RELEGION OF SHIA/ نیل الاوطار جز ۶، صفحہ ۱۶۲
قال ابن عبد البر: أصحاب ابن عباس من أهل مكة واليمن على إباحتها/ شرح موطا امام مالک علامہ زرقانی
The companions of ibn abbas in mecca believed that mutah is halal.
al-Imam al-Awza'ee said there are two wrong Fatwas that have spread in each region, he says:
أبا عمرو الأوزاعي يقول لا نأخذ من قول أهل العراق خصلتين ومن قول أهل مكة خصلتين ولا من قول أهل المدينة خصلتين ولا من قول أهل الشام خصلتين فأما أهل العراق فتأخير السحور وشرب النبيذ وأما أهل مكة فالمتعة والصرف وأما أهل المدينة فإتيان النساء في أدبارهن والسماع وأما أهل الشام فبيع العصير وأخذ الديوان
[We do not take two matters from the people of `Iraq, and two matters from the people of Makkah, and two matters from the people of Madinah, and two matters from the people of Sham. As for the `Iraqis it is delaying Suhour and drinking wine, as for the Mekkans it is al-Mut`ah and al-Sarf, ect...]
This means that some wrong Fatwas were spread in each area, this is why they were rejected.
In the narration of sunan kubra,
الحسن بن عمارة is weak
1 أبو أحمد بن عدي الجرجاني إلى الضعف أقرب منه إلى الصدق
2 أبو القاسم السهيلي ضعيف بإجماع منهم
3 أبو بكر البزار لا يحتج أهل العلم بحديثه إذا انفرد
4 أبو بكر البيهقي ضعيف، ومرة: لا يحتج به، ومرة متروك
5 أبو حاتم الرازي متروك الحديث
6 أبو حاتم بن حبان البستي بلية الحسن التدليس عن الثقات ما وضع عليهم الضعفاء كان يسمع من موسى بن مطير وأبي العطوف وأبان بن أبي عياش وأضرابهم ثم يسقط أسماءهم ويرويها عن مشائخه الثقات فالتزقت به تلك الموضوعات
There was another report in the same page 14167, which you missed.
يث عن ختنه عن سعيد بن جبير عن ابن عباس أنه قال في المتعة : " هي حرام كالميتة والدم ولحم الخنزير
Here Layth bin Abi sulaym is disputable, however he can be considered Sadooq, weakness in him in not major.
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This report can be used as supportive evidence for the authentic reports which state that Ibn Abbas permitted Mutah under extreme condition.