The Exalted says: {Those who commit immorality of your women, bring against them four witnesses from amongst yourselves} (Q. 4:15). Because one does not know from the witnesses of their obscenity, they could claim that it was temporary marriage. Because of that, witnesses cannot follow that if the testimony is not established. Because they did not know that temporary marriage was from amongst the obscenities. However, if the temporary marriage between a man and woman is without witnesses and a guardian, one does not know whether he is a person that did temporary marriage or adulterer. They may even testify that he is an adulterer. The accuser could not come against the adulterer with four witnesses with this lack of knowledge of the case as testified from this verse. The accuser would falsely expose them using this verse.
The Exalted also says: {And as for those who are unable to marry, let them live in abstinence until Allah grants them sufficiency out of His bounty} (Q. 24:33). If temporary marriage was permissible, it would present it here [as an option] and not command them to be abstinent. It does not [permit temporary marriage] even amongst the poorest of the poor.
He also says: {And as for those of you who, owing to circumstances, are not in a position to marry free believing women, [let them marry] believing slaves} (Q. 4:25). If temporary marriage was permissible, it would not be a proof against the marriage of the community. Consequently, it would produce children who are from owned slaves. Nothing would distinguish these marriages except the condition of fear of constraint (al-`anat).
He then says: {It is best for you to remain patient} (Q. 4:25). If temporary marriage was allowed then there would be fear (khash) of constraint or no encouragement to patience; otherwise, it‟s contrary to wisdom and community interest. Its taking place can include many immoralities. Perhaps an unknown, temporary marriage could take place with a woman and another man could come by and do a temporary marriage with her afterwards. This could mix up the people. Perhaps a woman would do a temporary marriage with someone‟s father after [the temporary marriage is over with] him, or even someone‟s son [after him]. This would lead to something being unknown. Perhaps the child of a man out of a temporary marriage is a son or daughter, they will not be known or they will not know him. If this occurs, this would be something very strange! Perhaps a girl will marry her father, brother, or nephew. A boy will perhaps marry his sister or someone else that is prohibited for him to marry. The child could be deprived of his father‟s inheritance and this would be oppression (dhulm) against the inheritor. Such occurrences prohibit (harama) and defer adultery; the same exists regarding temporary marriage.
The proof for its abrogation and proscription is a narration in the Amāli of Ahmed bin „Isa bin Zayd bin „Ali that was narrated by Muhammad bin Mansūr al-Murādi, may Allah‟s mercy be upon him. He said: Muhammad—Ahmed bin „Isa bin Zayd—Hussein bin Alwān—his father, Khālid—Zayd bin „Ali—his father—„Ali, upon him be peace, said: “The Messenger of Allah, peace and blessings be upon him and his progeny, prohibited temporary marriage for us during the battle of Khaybar.”
It says in Ar-Rawdh an-Nadhīr: al-Bukhāri, Muslim, Mu`ayyad Billah, and other texts: on the authority of Mālik—Ibn Shihāb—„Abdullah—Hassan bin Muhammad bin „Ali—their father—„Ali bin Abi Tālib, upon him be peace, narrated that the Messenger of Allah, peace and blessings be upon him and his progeny, prohibited temporary marriage during Khaybar and the meat of domesticated asses.
Mu`ayyad Billah, upon him be peace, related in his chain of authorities (isnādihi) on the authority of „Abdullah—Hassan—his father—his grandfather—„Ali, upon him be peace, said: “The Messenger of