Kitaab Sharh us-Sunnah
by Al-Barbahaaree
Trans. Abu Talhah Dawud Burbank


94: Temporary marriage is forbidden

Know that temporary marriage of convenience (mut’ah) [1] and marrying a woman merely to make her lawful for her previous husband (istihlaal) are forbidden until the Day of Resurrection [2].


NOTES

[1] Sabrah al-Juhanee (radiallaahu anhu) reports that the Messenger of Allah said, “I had permitted temporary marriage of women to you. Now, Allah has forbidden that for you until the Day of resurrection. If any of you have any of them, he must let her go and not take back anything that he gave her.” Reported by Muslim (Eng. trans. 2/707/no.3255).

[2] ‘Alee (radiallaahu anhu) reports that the Messenger of Allah (sallallaahu alaihi wa sallam) said, “Allah has cursed the man who marries a woman in order to make her lawful for her first husband and (He has cursed) the one for whom she is made lawful.” The hadeeth is saheeh and is reported by Ahmad, Abu Daawood (Eng. trans. 2/555/no.2071), at-Tirmidhee and an-Nasaa’ee.


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