Battle of the Conquest of Mecca, in which the Prophet legalized prostitution and adultery in the name of Islam a

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Battle of the Conquest of Mecca, in which the Prophet legalized prostitution and adultery in the name of Islam Date of occurrence: 8 Anno Hijra.

Contents:
1) Murder without trials.
2) Legislation of the Mutʿa marriage (temporary marriage for pleasure) in this battle, which is the Islamic version of prostitution.
1) Murder without trials: is an Islamic command, as we shall see in the next Ḥadīths:
Narrator: Saʿd b. Abī Waqqās | The traditionist: Al-Albānī | Source: Ṣaḥīḥ Al-Nasāʾī, Page or number: 4078 | The summary of the narrator’s judgment: Authentic:
On the day of the conquest of Mecca, the Messenger of Allāh, peace be upon him, insured the lives of [all] people, except for four men and two women, of whom he said: Kill them even if you find them clinging to the covers of the Kaʿba. These were ʿIkrima b. Abī Jahl, ʿAbdullāh b. Khaṭal, Maqīs b. Ṣabāba and ʿAbdullāh b. Saʿd b. Abī Sarḥ. [Muḥammad] said: Isn’t there an astute man amongst you who would rise to this [person] when he sees me withholding my hand from his pledge and kill him? They replied: O Messenger of Allāh, how can we possibly know what is in your heart? Would you please wink at us with your eye [when you see him]? He replied: A prophet should not have a stealthy glace.

Authentic tradition: Narrator: Saʿd b. Abī Waqqās. Traditionist: Ibn Al-Mulaqqin-Source: Al-Badr Al-Munīr-Page or number: 9/153. Summary of the narrator’s judgment: Authentic
On the day of the conquest of Mecca, the Messenger of Allāh, peace be upon him, insured the lives of [all] people, except for four men and two women, of whom he said: Kill them even if you find them clinging to the covers of the Kaʿba. These were ʿIkrima b. Abī Jahl, ʿAbdullāh b. Khaṭal, Maqīs b. Ṣabāba and ʿAbdullāh b. Saʿd b. Abī Sarḥ. ʿAbdull̄ah b. Khaṭal, however, was actually caught clinging to the covers of the Kaʿba. But Saʿīd b. Hurayth and ʿAmmār b. Yāsir rushed after him. Now Saʿīd outran ʿAmmār because he was the younger of the two men and killed him. As to Maqīs b. Ṣabāba, the people caught him in the market place and killed him.

Further evidence of murder without trials:
Al-Muwaṭṭaʾ by Mālik »Book of Pilgrimage» combined section on the Pilgrimage:
Yaḥyā related to me on the authority of Mālik, on the authority of Ibn Shihāb, on the authority of Anas b. Mālik that the Messenger of Allāh, may Allāh bless him and grant him peace, entered Mecca in the Year of Victory [i.e., the Conquest of Mecca], wearing a helmet, and when he took it off a man came to him and said, “Messenger of Allāh, Ibn Khatal is clinging to the covers of the Kaʿba,” and the Messenger of Allāh, may Allāh bless him and grant him peace, said, “Kill him.” Mālik commented, “The Messenger of Allāh, may Allāh bless him and grant him peace, was not in iḥrām [i.e., consecration for the pilgrimage] at the time, and Allāh knows best.”

As-Sunan Al-Kubrā by Al-Bayhaqī, vol. 8, p. 205:
He narrated: I said to Mālik: Ibn Shihāb told you on the authority of Anas b. Mālik that the Messenger of Allāh, may Allāh bless him and grant him peace, entered Mecca in the Year of Victory [i.e., conquest of Mecca], wearing a helmet, and when he took it off a man came to him and said, “Messenger of Allāh , Ibn Khatal is clinging to the covers of the Kaʿba,” and the Messenger of Allāh, may Allāh bless him and grant him peace, said, “Kill him.” -Narrated by Muslim in his Ṣaḥīḥ on the authority of Yaḥyā b. Yaḥyā-provided by Al-Bukhārī via another chain of transmitters on the authority of Mālik.

 

2) Legislation of Mutʿa (pleasure or temporary) marriage, which is the Islamic version of prostitution
According to Ash-Shaʿrāwī: The Prophet permitted prostitution and infidelity for the Companions
Ṣaḥīḥ Muslim »Book of Marriage» Section on temporary marriage and how it was permitted and abrogated and then permitted and later abrogated and then prohibited until the Day of Resurrection:

1405 Narrated Muḥammad b. Bashshār … on the authority of Jābir b. ʿAbdullāh and Salama b. al-ʾAkwaʿ said: There came to us the proclaimer of Allāh’s Messenger, may peace be upon him, and said: Allāh’s Messenger, may peace be upon him, has granted you permission to enjoy Mutʿa, i. e., to contract temporary marriage with women.

 

Ṣaḥīḥ Muslim »Book of Marriage» Section on temporary marriage and how it was permitted and abrogated and then permitted and later abrogated and then prohibited until the Day of Resurrection:

1406 Reported Qutaiba b. Saʿīd … on the authority of Ar-Rabīʿ b. Sabra Aj-Juhannī that he said: The Messenger of Allāh, may peace be upon him, permitted temporary marriage for us. So I and another person went out and saw a woman of Banū ʿĀmir, who was like a young long-necked she-camel. We presented ourselves to her (for contracting temporary marriage), whereupon she said: What wages would you give me? I said: My cloak. And my companion also said: My cloak. And the cloak of my companion was superior to my cloak, but I was younger than he. So when she looked at the cloak of my companion she liked it, and when she cast a glance at me I looked more attractive to her. She then said: Well, you and your cloak are sufficient for me. I remained with her for three nights, and then the Messenger of Allāh, may peace be upon him, said: He who has any such woman with whom he had contracted temporary marriage, he should let her off.

Ṣaḥīḥ Muslim »Book of Marriage» Section on temporary marriage and how it was permitted and abrogated and then permitted and later abrogated and then prohibited until the Day of Resurrection:

1406 Narrated Abū Kāmil Faḍīl b. Ḥusayn Al-Juḥdurī … on the authority of Ar-Rabīʿ b. Sabra that his father went on an expedition with the Messenger of Allāh, may peace be upon him, during the Victory of Mecca, and we stayed there for fifteen days (i. e., for thirteen full days and a day and a night), and the Messenger of Allāh, may peace be upon him, permitted us to contract temporary marriage with women. So I and another person of my tribe went out, and I was more handsome than he, whereas he was almost ugly. Each one of us had a cloak. My cloak was worn out, whereas the cloak of my cousin was quite new. As we reached the lower or the upper side of Mecca, we came across a young woman like a young smart long-necked she-camel. We said: Is it possible that one of us may contract temporary marriage with you? She said: What will you give me as wages? Each one of us spread his cloak. She began to cast a glance on both the persons. My companion also looked at her when she was casting a glance at her side and he said: This cloak of his is worn out, whereas my cloak is quite new. She, however, said twice or thrice: There is no harm in (accepting) this cloak (the old one). So I contracted temporary marriage with her, and I did not come out (of this) until the Messenger of Allāh, may peace be upon him, declared it forbidden.
Commentary of Imām Nawawī:
There is evidence in this tradition that there was neither guardian nor witness in a temporary marriage.

Ṣaḥīḥ Muslim »Book of Marriage» Section on temporary marriage and how it was permitted and abrogated and then permitted and later abrogated and then prohibited until the Day of Resurrection:

2502 1406 Muḥammad b. ʿAbdullāh b. Nimayr … told me Ar-Rabīʿ b. Sabrah Aj-Juhannī that his father told him that while he was with the Messenger of Allāh, may peace be upon him, he said: O people, I had permitted you to contract temporary marriage with women, but Allāh has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to then (as wages).

Ṣaḥīḥ Muslim »Book of Marriage» Section on temporary marriage and how it was permitted and abrogated and then permitted and later abrogated and then prohibited until the Day of Resurrection:

Commentary of Imām An-Nawawī:
In this tradition… we find a statement of the prohibition of the marriage of pleasure (i.e., temporary marriage) to the Day of Resurrection, and the divine saying in the previous Ḥadīth, with regard to the fact that they contracted temporary marriage until the era of Abū Bakr and ʿUmar, should be explained by [the possibility] that they did not hear of the abrogation, as already mentioned. …

Ṣaḥīḥ Muslim »Book of Marriage» Section on temporary marriage and how it was permitted and abrogated and then permitted and later abrogated and then prohibited until the Day of Resurrection:

1406 Barrated Yaḥyā b. Yaḥyā … I heard Abū Rabīʿ b. Sabra report on the authority of his father Sabra b. Maʿbad that the prophet of Allāh, peace be upon him, permitted his Companions to contract temporary marriage with women in the Year of Victory. So I and a friend of mine from Banū Sulaym went out, until we found a young woman of Banū ʿĀmir who was like a young she-camel having a long neck. We made proposal to her for contracting temporary marriage with us, and presented to her our cloaks (as wages). She began to look and found me more handsome than my friend, but found the cloak of my friend more beautiful than my cloak. She thought in her wind for a while, but then preferred me to my friend. So I remained with her for three (nights), and then the Messenger of Allāh, peace be upon him, commanded us to part with them [i.e., such women].

 

Al-Bukhārī »Book of Marriage» Section on the final prohibition of the Messenger of Allāh, peace be upon him, of the contemporary marriage:
4825 Narrated Mālik b. Ismāʿīl… Al-Ḥasān b. Muḥammad b. ʿAlī and his brother ʿAbdullāh b. Muḥammad on the authority of their father that ʿAlī, may Allāh be pleased with him, said to Ibn ʿAbbās that the Prophet, peace be upon him, prohibited Al-Mutʿa [i.e., contemporary or fun] marriage and the eating of domestic donkey’s meat during [the Battle of] Khaybar.

Commentary of Fatḥ Al-Bārī:
The statement: (Section on the final prohibition of the Messenger of Allāh, peace be upon him, of the contemporary marriage) means marrying off of a woman for an appointed time, which when reached, separation takes place [automatically]. As to the expression “final” in the title, it must be understood that it was first permissible and was only later forbidden.
… there are only two authentic places where temporary marriage was clearly permitted; i.e., the Raid on Khaybar and the Battle of the Conquest [of Mecca].
An-Nawawī said: the correct view is that it [i.e., temporary marriage] was permitted and prohibited twice. It was permitted before the Battle of Khaybar then it was prohibited and then it permitted again in the year of the Conquest, which is the year of Awṭās, but was later prohibited for all time… in a tradition of Ibn Masʿūd with regard to the cause of permission for Mutʿa marriage and that when they went on a raid, celibacy was too much for them, so he [i.e, the Messenger of Allāh] gave them permission to contract Mutʿa (temporary) marriages. And either the permission, which occurred in during the Conquest, has not reached the ears of ʿAlī because the duration of the authorization was too short, which was three days, as stated earlier… The cause for the permission, which was the severe need, had ceased to exist after the conquest of Khaybar … It must be inferred from this, then, that the enjoyment of the women [i.e., the Mutʿa marriage] was lawful and the reason for its legalization is the above-mentioned Ḥadīth of Ibn Masʿūd, in which he said: “we were on a raid and we had nothing,” and then he said: “So he permitted us to marry women even for a cloak.” He thus pointed out that the reason for this was the need for something that was lacking … But when the Messenger of Allāh conquered Khaybar, they had plenty of money and captives. Therefore it was appropriate prohibit the pleasure marriage because the reason for its permissibility ceased to exist … Then, when they returned to the long-term trip, which was the raid of the Conquest [of Mecca], and celibacy was too much for them, [the Messenger of Allāh] authorized them to engaged in pleasure marriage, but restricted it to three days only to alleviate the need, and then prohibited them from engaging in it after was over.

Al-Bukhārī »Book of Marriage» Section on the final prohibition of the Messenger of Allāh, peace be upon him, of the contemporary marriage:
4827 Narrated ʿAlī: Sufyān told us, that ʿAmr said, on the authority of Al-Ḥasān b. Muḥammad Jābir b. ʿAbdullāh and Salama b. Al-Akwaʿ: While we were in an army, the Messenger of Allāh came to us and said, “You have been allowed to do the Mutʿa (marriage), so do it.” Salama b. Al-Akwaʿ said: the Messenger of Allāh said, “If a man and a woman agree (to cohabit temporarily), their cohabitation should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so.” I do not know whether that was only for us or for all the people in general. Abū ʿAbdullāh (Al-Bukhārī) said: ʿAlī made it clear that the Prophet said, “The Mutʿa marriage has been abrogated (made unlawful).

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