Temporary marriage was not banned at the beginning just as pork, alcohol or slavery were not banned. So if a man came to town he could 'marry' for a fixed time depending on his stay in the town; the woman looks after his provisions and prepares his food. Then came Islam and outlawed it in the following verse:
"If you are in desperation and cannot afford a wife then marry a slave as you are all equal in the eyes of God. But it is better that you have patience." 4:25
Quranic origin Shia Muslims believe that this institution was established by God through the Islamic prophet Muhammad in the Qur'an. Its dublious mention in the Qur'an is verse 4:24. Tafsir:
"Then give those of these women you have enjoyed (istimtah) the agreed dower" was revealed on the subject of the mut‘ah marriage." Shia Muslims have "consensus" (ijma) on interpretation of the following verse in the Quran.
And all married women (are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.[Quran4:24] Shia often quote selective Sunni sources to prove that the word Istimtah in the verse means mutah. Here is one such Sunni narration often quoted by Shia to prove that their version of this verse is correct.
al-Tabari, in his Tafsir, writes under this verse a hadith from Mujahid: "The phrase "Then give those of these women you have enjoyed the agreed dower" means the temporary marriage."
But majority of Sunni commentators disagree in their Tafsirs, arguing the phrase "Then give those of these women you have enjoyed the agreed dower" refers to permanent marriage.
Sheikh Ibn Al-Feasy Al-Hanbali, a Hanbali scholar, was asked for interpretation about verse 24, An-Nisa and the hukm of Mut'ah: "I confess that there's legal hukm regarding Mut'ah. Our beloved prophet did permit Mut'ah, and his companions did practice it. However, the Prophet, under Allah's authority, knew the best what'd happen in the future. He'd known that "Islamic Prostitution" would be an issue for Muslims, a reason for criticizing Islamic teachings. Thus, he forbade the legalization of Mut'ah in his time (Khaybar and Conquest of Makkah). Actually, the verse 24 in Chapter An-Nisa was revealed to "support" the Prophet's saying (hadith) concerning prohibition of Mut'ah. Thus Allah said (meaning) "When you enjoyed..." in past tense instead of "when you enjoy.." in form of present or future tense (continuous tense). Meaning that after prophetic tradition (hadith) about prohibition, those who were still having Mut'ah must divorce their wives and give them dowry as stipulated in contractual aqd (Marriage Recitation). An-Nisa 24, is specifically for the 'event' of prohibiting Mut'ah, not for legalising Mut'ah. We must know that. This verse applies the same (in term of specificity) to verse that stating Zayd (Prophet's foster son). We cannot say that 'the verse has no abrogation (nasikh), so its hukm is eternal'. If the hukm must be abrogated by Quranic verse (only), that means the biological son must be eligible to inherit prosperous wealth of his father even though he is the killer (he killed his father). However, as we know that all Scholars agreed that the son who killed his father cannot inherit anything from his killed father based on prophetic sayings (meaning) "There's no mirath (inheritance) for killer..". Therefore, it's not exactly correct if we say that Quranic verse cannot be detailed (abrogated) by Hadith."
Allameh Tabatabaei explains in Tafsir al-Mizan, there are mutawatir or nearly mutawatir traditions narrated from the Shia Imams that Mut'ah is permitted. For example, it has been narrated from Muhammad al-Baqir and Ja'far al-Sadiq that they said "regarding the [above] verse, and there is no blame on you about what you mutually agree after what is appointed." It means that he increases her dowry or she increases his (fixed) period.[3]
Shia sources against mutah
1) Hazat Ali stated that the Prophet made Mut'ah haram on the day of Khayber (Book of Tahdeeb: vol. 7, pg. 251, rewaya 10). In Book of Istebsar: vol. 3, pg. 142, rewaya 5, there is a declaration by Ali that Mut'ah is haram.
According to Sheikh Tusi both Hadiths are Saheeh[Authentic] and even branded by Allama Kasahani in Rajal Kashi as Mutawatar[Highly Authentic]pp234.V3.
2) Imam Baqir (as), recorded 'Tahdeeb al Ahkam' and 'Furu al Kafi':Pp476.V2/Pp34.V5
Abdullah Bin Umair asked Abi Ja'far [as]: Is it acceptable to you that your women, daughters, sisters, daughters of your aunties do it (Mut'ah)? Abu Ja'far rebuked him when he mentioned his women and daughters of his aunties.
3)Another hadeeth that is the following from Furu al Kafi, Kitab ul Nikah, the Imam said about Mut'ah:
Al-Mufadal bin Umar reported that Aba Abdullah (as) said about Mutah: 'Abandon it, aren't anyone of you ashamed of exposing his private parts, and then exposing it (by telling) to his pious brothers and companions?' Pp44.V2.Wasael Alshia Pp22.V21.
Classified as Saheeh by Sheikh Mufeed in his Commentry on Al Kafi[Pp67.V7] and Hasan [With Good Chain of Narration] by Al Majlasi[Pp92.V31] in his Bihar ul Anwar.
Al Kuilyani himself decleared it Mutawatar in his Kafi.Pp71.V9.
4)Another hadith narrated from Imam Jafar Ul Sadaq[A.S] Narrated by A'maar: Abu Abdullah[Imam Jafar Sadaq]said to me and to Suliman Bin Khaled: "I made Mut'ah Haram on you".AL Kafi Pp 467.V5.Wiasal Shia Pp22.V21.
Shiekh Saduq classified it as Saheeh[AUTHENTIC] in his Minhaj Saduq Pp304.V7. Sheikh Sadra Hassan[With Good Chain of Narration] in his Commentry on AL Kafi.Pp461.V4.
5)Ja'far Al-Sadiq says in a narration by Abdallah bin Sinan: "I asked Abu Abdullah (as) about Mutah. He said: "Don't defile yourself with it" Bihaar Al-Anwar, Volume 100, page 318 By AL Majlisi.Classfied as Hasan[With Good Chain of Narration] by him and sheikh Safar AL Shafi Saheeh[Authentic] in his AL Shafi,Pp61.V8.
6)Narrator says that he heard ibn Abi Umair who narrated from Ali bin Yaqtin saying: 'I asked Aba al-Hassan (a.s) about the Mutah and He (a.s) replied: 'What do you have to do with this, when Allah has made this unnecessary for you.' I said: 'I just wanted to know about it'. He (a.s) replied: 'It is Prohibated. Al- Kafi, Volume 5 page 442. Al Astibasar Pp459,V12.
Shiekh Amali and Shiekh Abu Hassan decleared it Saheeh in their Commentries on AL Kafi[pp35,V4 and Pp109.V10] and Hasan by AL Majlisi in his Maratul Uqool Pp59.V34.
7)Imam Ja'far Al-Sadiq says about Mutah in a narration by Hisham bin Al-Hakam: "Here only the fawajir [prostitute] do it"Bihar Al Anwar Pp318. V100.
Declared it Authentic by Majlesi and Hassan By Sheikh Tuse in his Min La Yadrhu Fiqa.pp213 V13.
8)The All four books of Shia Hadiths texts says.The Holy Prophet [s] and the Imams of Ahlubayt [as] never practised Mut'a .AL Kafi.AL Istabsar.Tahzeeb Ul Ahkam.Min La Yadrhu Fiqa. [Mutawathar]Highly Authentic by almost every grand Shia Scholar.Pp198,V12/Pp501.v6/Pp 241.V18.Pp34.V1.
Zaydies and Ismailies Shias stands on Mutha.
Ziadites[Followers of Imam Zaid bin Zian Ul Abidin] shares the same veiw as Sunnis have,Ziadites decleared it unlawful and invalid,
Ismailites permits it in extreme circumstances.
AL Imam Azam Imam Ismail ul Mubarak(A.S)
Farman Imam Ali (A.S) as Pig is permissable in extreme satuation only same Mutah is permissable in extreme satuation. Ismailites rejects its validity in Quran or any other authentic texts from Holy Prophet or any Imams of Ahlely Bayt.(A.S). Dia ul Islam.Pp621.V63.Farman Imam Ul Mubarak(A.S).Pp113.V16.
1)Narrated from Imam Jaffar Ul Sadaq(A.S).Mutah is Adultry.Kitab ul Mola.Pp412.V21.
2)Narrated from Imam Jaffar ul Sadiq(A.S) to Imam Ismail Ul Mubarak(A.S) It is fornication[Zina bil raza]Kitab ul Mola.Pp414.V21.
These traditions is classified as Muthawathar[highly authentic]Irshad Ul Imam.Pp112,V11.
Darajat Ul AL Imam Azam Imam Ismail bin Imam Jaffar ul Sadaq(A.S).Pp421.V23.
Zaidites and Ismailites dismissed all claim made by Athana Asheri[Twelvers] about Mutah legality and class all text from Holy Profet and Imams as [Twelvers] fabrications.
Zaidi Shias View about Mutah.
1)It was narrated from Imam Ali Al Murtaza(R.A)that:
The Messenger of Allah forbade Mutah marriage and the meat of domestic donkeys at the time of Khaybar. According to another report, he forbade Mutah marriage at the time of Khaybar and he forbade the meat of tame donkeys. Mujmoo Imam Ali(R.A)Pp 498 V112. 2)Narrated Ali (R.A):
“Allah’s Messenger forbade the temporary marriage in the year of Khaybar.” Mujmoo Imam Ali(R.A)Pp 499 V112. 3) Ali (R.A) said to a man who was engaging in Mutah:
“You are a straying person, the Messenger of Allah has forbidden temporary marriage and the meat of domestic camels on the day of Khaybar.” Mujmoo Imam Ali, From Imam Ali to Imam Hasan & Imam Hussain then Narrated to Imam Zian Ul Abideen to Imam Zaid bin Zian Ul Abideen.(R.A)Pp 503 V112. Classified all above Zaidites narration as Mutawathar [Highly Authentic] By Imam Ziad bin Zian Ul Abideen in his Majmoo tul Biyan Pp212 V18