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Are they used in different contexts?
Those both of them use correct grammar?

Google fight shows that "out of the question" appear 10 times more often than the other.

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up vote 2 down vote accepted

Out of THE question is the correct one in my opinion - I have never used this without the the but then I am not a native speaker.

Some sources mention that "Out of question" is an obsolete way of saying "Beyond doubt"

However we have both

OED: Out of the question vs Out of question

Also http://www.enotes.com/shakespeare-quotes/appendix-faux-out-question

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But why are we using THE here? – Pratik Deoghare Mar 24 '11 at 8:55
Good question. Since it is out of character – mplungjan Mar 24 '11 at 9:12
Because "question" is usually a count noun, and so usually requires an article. "Beyond question" is a counter-example, though. – Colin Fine Mar 24 '11 at 12:16
Actually, "beyond question" isn't a counter-example: "beyond" often takes a NP without an article, eg "beyond reach" = "beyond the reach of ... ". – Colin Fine Mar 24 '11 at 13:02

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