The Life of the Prophet Muhammad by Ibn Kathir - Volume 3 of 4

IMKM ABU AL-FXDA' ISMK'IL IBN KATHiR 431
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In the ~ahih collection of Muslim there is a hadith of Sahra h. Ma'bad d-Juhani
which says, "At the time of the conquest of Mecca, the Messenger of God (SAAS)
told us to engage in al-mura, temporary maniage, when he entered (the town)
but by the~he
he left it he forhade it (the practice)."
In ond account the Prophet (SAAS) is quoted as saying, "It is certainly
haram, forbidden; it is haram from this day and on to the day of resurrection."
In an account in the hadith collection of Ahmad (b. Hanhal), the musnad, as
well as in the sunan, it is stated that this (the prohibition of mura marriages) came
at the hwht al-wada', the "farewell pilgrimage". But God knows best.
In the Jahih collection of Muslim, it is stated, on a line of transmission from
Abij Bakr b. Ahii Shayha, from Yanus b. Mubmmad, from 'Abd al-Wahid b.
Ziysd, from Aba d-Wmays, from Iyyas h. Salama h. Salama h. al-Akwa', from his
father, who said, "In the year of aw@, the Messenger of God (SAAS) condoned
temporary marriage with women of three nights duration, hut he then forhade it."
Al-Bayhaqi stated, "The 'year of awtas'means the year of the conquest." This
and the had& of Sahra are identical.
I note that those who establish its prohibition in the expedition against
Khayhar say that it was twice made permissible and twice prohihited. Al-Shnfi'i
and others give texts to this effect.
The practice is also said to have been both declared permissible and prohibited
on more than two occasions. But God knows best. It is also said to have been
prohihited only once, on this occasion under discussion, at the conquest of
Mecca.
It is also said to have been declared permissible only in case of al-darara,
" necessity"; on the basis of this, if necessity exists, it, al-mura, is made permissible.
This new is attributed to Im- Abad.
It is also said that the practice was not absolutely forbidden, hut should be
considered 'a18 al-ibaha, "permissible". This is well-known as the position of
Ihn 'Abhs and his companions, as well as that of a group of the Companions (of
the Messenger of God (SAAS)). Discussion of this occurs in the work al-Ahkam.
Imam Ahmad stated, "'Abd al-&z%q related to us, quoting Ibn Jurayj, quoting
'Abd All& h. Wthman b. Khuthaym, (who said) that Muhammad b. al-Aswad
b. Khalaf related to him that his father, al-Aswad, saw the Messenger of God
(SAAS) accepting pledges of allegiance on the day of the conquest. He said,
'He was seated with Mt. al-Qarn facing him and was accepting the people for
their Islam and their shahada.' I asked, 'What is meant by shahzda?' He replied,
'Muhammad h. al-Aswad h. Khalaf related that he received their pledge of
allegiance (on their expression of) faith in God and their testimony that "there is
no god hut God, and that Muhammad is His servant and His messenger.""'
Ahmad was alone in giving this.