was it Umar ibn khattab(ra) who really prohibited mutah marriage and hajj al tamattu.

Tijani is implying that Umar radiya Llahu ‘anhu unilaterally abolished these practises though they continued to be practised during the Prophet’s salla Llahu ‘alayhi wa sallam time.Mut’ah of Hajj

It was ‘Umar’s radiya Llahu ‘anhu policy to dissuade people from the Tamattu’ format of Hajj since he noticed that people would delay ‘Umrah and perform it only with Hajj. The convenience of Tamattu’ meant that ‘Umrah was at times neglected outside of the months of Hajj. ‘Umar radiya Llahu ‘anhu wanted that the House of Allah never be empty of pilgrims. Therefore ‘Umar radiya Llahu ‘anhu did not forbid it, in the literal sense. Rather, his policy was of discouragement and not legal prohibition. There is strong evidence to prove that ‘Umar radiya Llahu ‘anhu held the Tamattu’ format of Hajj permissible.


Ibn ‘Abbas radiya Llahu ‘anhuma narrates:


 

I heard ‘Umar saying, “By Allah! I do not forbid you from Mut’ah (i.e. Tamattu’ Hajj) as it is in the Book of Allah; and the Messenger did it,” (meaning ‘Umrah during the months of Hajj)[3]


 

It is also reported in a lengthier hadith from Subayy ibn Ma’bad that he said to ‘Umar radiya Llahu ‘anhu:


 

I entered into Ihram intending the Hajj and ‘Umrah’, and ‘Umar radiya Llahu ‘anhu said to him, “You have been guided to the Sunnah of your Messenger salla Llahu ‘alayhi wa sallam.”[4]


 

The superiority of ‘Umrah outside of the months of Hajj is the opinion of many of the jurists.


Abu Dhar is one of the Sahabah whom the Shia view favourably and one of those whom Tijani would happily include under the first category of Sahabah based on his own typology. Abu Dhar radiya Llahu ‘anhu is well-known for forbidding Mut’at al Hajj (Tamattu’ Hajj) in general.


The narration in Sahih Muslim from Ibrahim al Taymi—from his father—quotes Abu Dhar saying:


 

كانت المتعة في الحج لأصحاب محمد صلى الله عليه وسلم خاصة


The Mut’ah in the Hajj was for Muhammad’s Companions exclusively.[5]


 

If ‘Umar radiya Llahu ‘anhu is guilty of violating the Book of Allah, and the Prophet’s salla Llahu ‘alayhi wa sallam Sunnah, then surely the same applies to Abu Dhar radiya Llahu ‘anhu. After all, Tijani is a man of fairness and he has recently condemned ‘Umar radiya Llahu ‘anhu for being unfairTijani attempts to pin the prohibition on temporary marriages on ‘Umar radiya Llahu ‘anhu. This is a farfetched accusation with the sole intent of passing ‘Umar radiya Llahu ‘anhu off as someone who altered the religion after the Prophet’s salla Llahu ‘alayhi wa sallam passing. Temporary marriages had been permanently banned by the Prophet salla Llahu ‘alayhi wa sallam and this has been recorded by ‘Ali radiya Llahu ‘anhu among others.

Muslim narrates in his Sahih from Rabi’ ibn Saburah al Juhani that his father narrated to him that he was with the Messenger salla Llahu ‘alayhi wa sallam when he said:

 

يا أيها الناس إني قد كنت أذنت لكم فى الاستمتاع من النساء وإن الله قد حرم ذلك إلى يوم القيامة فمن كان عنده منهن شىء فليخل سبيله ولا تأخذوا مما آتيتموهن شيئا

O people! Indeed, I permitted Mut’ah (temporary marriage) for you (in the past) and indeed Allah has forbidden it until the Day of Judgement. Therefore, whoever has by him from them (a wife under such a contract) anything let him cancel it and do not take anything from what you gave them.[6]

 

Al Bukhari and Muslim narrate by way of al Zuhri—from Hassan ibn Muhammad ibn ‘Ali and his brother Abdullah—from their father:

‘Ali said to Ibn ‘Abbas, “Indeed, the Messenger forbade Mut’ah and the meat of donkeys during the Khaybar expedition.”[7]

 

Ibn Abbas radiya Llahu ‘anhu used to permit the Mut’ah marriage as well as the meat of donkeys. ‘Ali radiya Llahu ‘anhu corrected him on those matters. He said to him, “The Messenger forbade Mut’ah; and forbade the meat of donkeys the Day of Khaybar.” Ibn ‘Abbas retracted his view after the hadith of the prohibition of those two issues reached him.[8]

A Shia scholar seeking reform acknowledged that the prohibition for Mut’ah was not something ‘Umar radiya Llahu ‘anhu had invented. Instead he enforced the prohibition pronounced by the Prophet salla Llahu ‘alayhi wa sallam; and ‘Ali radiya Llahu ‘anhu shared his view on the issue. He writes:

 

The legal opinion which states that Mut’ah was prohibited by the Khalifah ‘Umar ibn al Khattab is disproved by the action of ‘Ali who confirmed its prohibition during his Caliphate and did not advocate its permissibility. According to the Shia tradition and according to the view of our jurists the action of the Imam is a proof especially if he was unrestricted and he was able to disclose the correct view and explain the commands of Allah and His prohibitions. Imam ‘Ali, as we know, initially excused himself from the Caliphate and he made it a condition for accepting it the right to exercise his scholarly discretion in the administration of the state. Therefore, Imam ‘Ali’s tacit approval of the prohibition means that Mut’ah was, indeed, prohibited since the Messenger’s era. If that was not the case he would have opposed that ruling and explained the decree of Allah concerning it. The action of the Imam is a proof for the Shia and I do not know how our jurists can ignore it.From this we know:


 

That the Ahlus Sunnah follows ‘Ali and those besides him from the Khulafa’ Rashidin in what they narrate from the Messenger salla Llahu ‘alayhi wa sallam. The Shia, on the other hand, oppose ‘Ali regarding that which he narrated from the Messenger salla Llahu ‘alayhi wa sallam and instead follow the view of those who oppose him.[10]


 

‘Umar radiya Llahu ‘anhu made a public announcement of the prohibition of Mut’ah due to the fact that some people were unaware of its prohibition. This is what is narrated by ‘Abdufllah ibn ‘Umar radiya Llahu ‘anhuma:


 

لما ولي عمر بن الخطاب خطب الناس فقال إن رسول الله صلى الله عليه وسلم أذن لنا في المتعة ثلاثا ثم حرمها والله لا أعلم أحدا تمتع وهو محصن إلا رجمته بالحجارة إلا أن يأتيني بأربعة يشهدون أن رسول الله أحلها بعد إذ حرمها


When ‘Umar radiya Llahu ‘anhu became the khalifah he addressed the people and said, “The Prophet permitted Mut’ah then he forbade it. By Allah! Any person who practices Mut’ah and he is Muhsan (a person that is or has been married) I will stone him, unless he brings to me four witnesses to testify that the Messenger permitted it after having prohibited it.”[11]


 

It is for this reason that Sa’id ibn Musayyab said:


May Allah have mercy on ‘Umar. Had he not forbidden Mut’ah, zina would have become widespread.[12]


 

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