Thursday October 22, 2020 AD Rabi' al-awwal 5, 1442 AH
Mansoor Hashemi Khorasani
(30) Preparing grounds for advent of Mahdi is inviting people to obey him instead of obeying the others and encouraging them to establish and maintain his sovereignty instead of establishing and maintaining other sovereignties. (Section: Questions and answers)
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Question & Answer
 

1. Is there anything in Islamic law called temporary marriage, secretly?

2. Why do scholars of Sunni sects consider it forbidden and Shia scholars obligatory?

3. If someone has to get married temporary, is it obligatory to help him or not?

4. Is it okay if someone does not want to get married permanently and gets married temporary?

5. Do girls have the right to do such a marriage?

6. Is such a marriage permissible for the husband without the consent of his wife?

7. In today’s Muslims society, what should the youths do who want to get married and the necessary conditions do not exist and they cannot act piety? Who is responsible?

The answers to your questions are as follows:

1. Nikah[1] means a legal contract according to which a man is allowed to enjoy a woman with a determinate compensation, and its effects are the realization of marriage, guardianship, inheritance and the dissemination of mahramiyat, and its permanence is not a condition rationally or religiously; rationally because the principle is the lack of setting any condition and the determination of the period for marriage does not contradict its requirements, as it is concluded by divorce rather by its intention, and whatever is permissible forever will be permissible for a limited time with stronger reason, and religiously because of the appearance of God’s word that has said: ﴿فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ۚ﴾[2]; “So those of women whom you enjoy, pay their compensation as an obligation”, according to the manifestation of the word “enjoyment” in mut’ah[3] and according to the interpretation of Abi ibn Ka’b and Abdullah ibn Abbas, which includes ﴿إِلی أَجَلٍ مُسَمًّی﴾ and is explicit in temporary marriage[4], and this is the word of the Ahl al-Bayt of the Prophet peace and blessings of God be upon him and his household, and word of many companions such as Abdullah ibn Abbas[5], Abdullah ibn Mas’ud[6], Imran ibn Husayn[7], Jabir ibn Abdullah[8], Abu Saeed Khudri[9] and Salmah ibn al-Akwa’[10], rather all the honorable companions until before the end of the caliphate of Umar ibn al-Khattab, and it has been also attributed to many great followers such as Tawus, Atta, Saeed ibn Jubayr and other jurists of Mecca[11].

However, doing it secretly is against the tradition of the Prophet; because the tradition of the Prophet in marriage is to announce it even by taking one or two witnesses to prevent corruptions such as slander, not to conceal it which is suitable for illegitimate relations, and with this description, the more open the marriage, the better, although if it is done secretly due to an excuse or necessity, is not invalid, and God is the Merciful, the Compassionate.

2. The disagreement of Islamic sects is not between the obligation and forbiddennessof temporary marriage, but between its permissibility and forbiddenness; in this way that Shia scholars consider it permissible and Sunni scholars consider it forbidden; because to the supposition of Sunni scholars, although temporary marriage was permissible in the early days of Islam according to the appearance of the book of God and according to the mutawatir tradition of the Prophet peace and blessings of God be upon him and his household, later in the battle of Khybar or the battle of Tabuk or the conquest of Mecca or elsewhere, has been abrogated by his Excellency, whereas according to the original basis of allamah Mansoor Hashemi Khorasani may God protect him, in the honorable book “Return to Islam”[12], abrogation of Quran by tradition is not possible, and Quran is abrogated only by Quran; as God has said: ﴿مَا نَنْسَخْ مِنْ آيَةٍ أَوْ نُنْسِهَا نَأْتِ بِخَيْرٍ مِنْهَا أَوْ مِثْلِهَا ۗ﴾[13]; “Any verse which We abrogate or make memories forget it, a better verse or like that We bring”; regardless of the fact that the principle is the lack of abrogation of God’s law, until its abrogation be proven, whereas abrogation of this law is not proven and has been faced with the denial of the Ahl al-Bayt of the Prophet peace and blessings of God be upon him and his household, and the denial of many companions and followers.

Yes, some of Sunni scholars have considered the verse ﴿إِلَّا عَلَىٰ أَزْوَاجِهِمْ﴾[14] and the verse of heritage[15] the abrogators of this law, with this statement that the first verse has reproached sexual relation with other than wives, whereas the married woman in temporary marriage is not form the wives, and the second verse has considered the wives deserving of the heritage, whereas the married woman in temporary marriage does not deserve the heritage, but it is clear that such a statement is merely a fallacy; because if a temporary marriage is permissible, the married woman in it is considered from the wives, and the verse of heritage does not invalidate her marriage, rather proves her heritage, and this is clearer than that to remain hidden from anyone, except for the one who is wandering in conflict of prejudice and Istihsan[16], whereas prejudice prevents the cognition of the truth and Istihsan does not have any principle in Islam; as God has said: ﴿فَعَسَىٰ أَنْ تَكْرَهُوا شَيْئًا وَيَجْعَلَ اللَّهُ فِيهِ خَيْرًا كَثِيرًا﴾[17]; “So perhaps you dislike something and God has put a lot of good in it”!

3. If a Muslim needs temporary marriage to be free of Haram and the help of other Muslims for temporary marriage, it is obligatory on other Muslims to help him as much as they can; as God has said: ﴿وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَىٰ ۖ﴾[18]; “and help each other in good and piety” and this is more emphasized about family, relatives, orphans, the poor, neighbors, friends and travelers; as God has mentioned them and has said: ﴿وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَىٰ وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ بِالْجَنْبِ وَابْنِ السَّبِيلِ﴾[19]; “and do good to the father and mother and relatives and orphans and the poor and relative neighbors and neighbors next door and companion friend and wayfarer in need”.

4. Certainly, permanent marriage is better than temporary marriage and has more blessings for the individual and society and with this description, abstaining from it despite the capability, to confine oneself to temporary marriage, is considered abandonment of the preferred and is contrary to the wisdom and virtue; especially considering that the purpose of legislating temporary marriage in Islam has not been to prevent Muslims from permanent marriage, rather has been a discount from God for those of them who are not able to have a permanent marriage and are afraid of falling in hardship; as He has said: ﴿يُرِيدُ اللَّهُ أَنْ يُخَفِّفَ عَنْكُمْ ۚ وَخُلِقَ الْإِنْسَانُ ضَعِيفًا﴾[20]; “God wills to give you discount, and human was created weak”.

5. Marriage of a virgin is permissible with the permission of her guardian, and in this regard there is no difference between permanent and temporary.

6. If a man has made a promise of abstaining from temporary marriage to his wife, it is obligatory on him to fulfill his promise; as God has said: ﴿وَالْمُوفُونَ بِعَهْدِهِمْ إِذَا عَاهَدُوا ۖ﴾[21]; “those who fulfill their promises when they promise” and has said: ﴿وَالَّذِينَ هُمْ لِأَمَانَاتِهِمْ وَعَهْدِهِمْ رَاعُونَ﴾[22]; “those who observe their trusts and promises” and has said: ﴿بَلَىٰ مَنْ أَوْفَىٰ بِعَهْدِهِ وَاتَّقَىٰ فَإِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ﴾[23]; “Yes, the one who fulfills his promise and acts piety, God loves the pious”, unless he has to do it in order to stay safe from the forbidden, in which case God is Forgiving the Merciful.

7. It is obligatory for the youths who become polluted with Haram if they do not marry, to marry in any way possible, although by borrowing, and it is obligatory on their family, relatives, neighbors and friends to help them in this matter, and if there is no way for them to permanent or temporary marriage, it is obligatory for them to act piety so that God opens a way for them; as he said: ﴿وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا ۝ وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ ۚ﴾[24]; “And anyone fears God, He puts a way out for him, and He provides him from where he does not think of” and their piety depend on patience and prayer; as he said: ﴿يَا أَيُّهَا الَّذِينَ آمَنُوا اسْتَعِينُوا بِالصَّبْرِ وَالصَّلَاةِ ۚ إِنَّ اللَّهَ مَعَ الصَّابِرِينَ﴾[25]; “O you who believed! Seek help from patience and prayer; because God is with patient people” and one of the greatest examples of patience is to observe fasting, which extinguishes the fire of lust and is the characteristic of the pure; as God has said: ﴿وَالصَّائِمِينَ وَالصَّائِمَاتِ وَالْحَافِظِينَ فُرُوجَهُمْ وَالْحَافِظَاتِ﴾[26]; “and the men and women who fast, and the men and women who guard their chastity”. Moreover, it is obligatory on them to rise up to prepare the grounds for the advent of Mahdi; because all their problems, such as the difficulty of marriage, are the consequences of the absence of Mahdi for them, who implements the laws of Islam and revives the tradition of the Prophet peace and blessings of God be upon him and his household, and with this description, those of them who do not rise up to prepare the grounds for the advent of Mahdi are at fault for the difficulty of marriage for themselves and have no excuse for being in Haram - whenever they be in it.

The result is that temporary marriage is not a problem with observing all the laws of permanent marriage, such as guardian, witness, agreement, marriage portion and iddah[27], but it is clear that it must not become extravagant and become a cover for immorality or a means of oppression against women and transgress the limits which God and His Prophet have ordained for it, and God is Aware of everything.

↑[1] . [Translator note: Marriage]
↑[2] . An-Nisa’/ 24
↑[3] . [Translator note: Temporary marriage]
↑[4] . See: Jami’ al-Bayan on the interpretation of Quran by Tabari, vol 5, page 18; the meanings of Quran by Nahas, vol 2, page 61; the collector of laws of Quran by Qurtubi, vol 5, page 130
↑[5] . Musannaf Abd ar-Razaq, vol 7, page 497; Musnad Ahmad, vol 1, pages 52 and 337; Sahih al-Bukhari, vol 6, page 129; Sahih Muslim, vol 4, page 131
↑[6] . Sahih al-Bukhari, vol 3, page 84; Sahih Muslim, vol 4, page 130
↑[7] . Musnad Ahmad, vol 4, page 429; Sunan ad-Darimi, vol 2, page 35; Sahih al-Bukhari, vol 2, page 153 and vol 5, page 158; Sahih Muslim, vol 4, page 48
↑[8] . Musnad Ahmad, vol 1, page 52 and vol 3, page 380; Sahih al-Bukhari, vol 6, page 129; Sahih Muslim, vol 4, page 130
↑[9] . Musnad Ahmad, vol 3, page 22
↑[10] . Sahih al-Bukhari, vol 6, page 129; Sahih Muslim, vol 4, page 130
↑[11] . See: al-Muhalla by ibn Hazm, vol 9, page 520
↑[13] . Al-Baqarah/ 106
↑[14] . Al-Mu’minin/ 6
↑[15] . An-Nisa’/ 12
↑[16] . [Translator note: In Fiqh, to abandon analogy by a jurist or a judge and to take what is easier for people.]
↑[17] . An-Nisa’ / 19
↑[18] . Al-Ma’idah / 2
↑[19] . Al-Nisa’ / 36
↑[20] . Al-Nisa’/ 28
↑[21] . Al-Baqarah / 177
↑[22] . Al-Mu’minun / 8
↑[23] . Al-i Imran/ 76
↑[24] . At-Talaq/ 2 and 3
↑[25] . Al-Baqarah/ 153
↑[26] . Al-Ahzab/ 35
↑[27] . [Translator note: the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.]
The website for the office of Mansoor Hashemi Khorasani The section for answering questions
Appendices
Sub-questions & answers
Sub-question 1
Author: Abulfazl
Date: 31/01/2017

If we accept the opinion of allamah about temporary marriage, does the same apply to the verse on the number of wives, which is the limit of 4 wives in Quran, or is there no limit?

Answer to
sub-question 1
Date: 10/02/2017

As explained above, a woman who has married temporary is either considered a “wife”, in which case she is one of the four wives and has their rights and duties, or is not considered a “wife”, in which case sexual relation with her is not permissible; because God has clearly said: ﴿وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ ۝ إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ ۝ فَمَنِ ابْتَغَىٰ وَرَاءَ ذَٰلِكَ فَأُولَٰئِكَ هُمُ الْعَادُونَ﴾[1]; “And those who guard their private parts, except with their wives or those bondwomen in their possession, then whoever seeks other than it, they are the transgressors”, whereas the married woman in temporary marriage certainly is not considered a bondwoman and with this description, if she is not considered from the wives too, inevitably is considered from ﴿وَرَاءَ ذَٰلِكَ﴾; “other than it” that seeking it is forbidden.

Yes, it may be said that the married woman in temporary marriage is considered from “the wives”, but the first thing comes to the mind from the word “the wives” in the book of God, is married women in permanent marriage and with this description, the inclusion of all their rights and duties on the married woman in temporary marriage is not proven and, consequently, the inclusion of each requires a specific reason, whereas this statement is against the rule; because the rejection of the mind to the married women in permanent marriage when hearing the word “the wives” is only due to the predominance of their existence or more completeness of their nature, which is a primitive rejection and does not harm the generality of the word and with this description, the rule is that all their rights and duties include the married woman in temporary marriage, unless the right or duty is waived because of a reason from the book of God or a legitimate agreement between the couple. Therefore, the married woman in temporary marriage is definitely considered one of the four wives; because God has not deemed her separate from them, rather He has explicitly said: ﴿فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَىٰ وَثُلَاثَ وَرُبَاعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ۚ ذَٰلِكَ أَدْنَىٰ أَلَّا تَعُولُوا﴾[2]; “Then marry women as seem good to you, two and three and four; then if you fear that you do not act justly, then one or your bondwoman, it more likely that you do not oppress” and has said: ﴿وَمَنْ لَمْ يَسْتَطِعْ مِنْكُمْ طَوْلًا أَنْ يَنْكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ فَمِنْ مَا مَلَكَتْ أَيْمَانُكُمْ مِنْ فَتَيَاتِكُمُ الْمُؤْمِنَاتِ ۚ﴾[3]; “And anyone of you who is not able to marry free believing women, then (marries) those of your believing  bondwomen whom you possess” and this is explicit abut it that marriage is legitimate either with a maximum of four free women or with bondwomen and the third state is not legitimate and with this description, the married woman in temporary marriage is either considered one of the four free women or one of the bondwomen, whereas she is not considered one of the bondwomen; because she is a free woman and has gotten married by marriage, and consequently it is not possible for her to join the bondwomen, even by citing the narrations from the Ahl al-Bayt that say: «هُنَّ بِمَنْزِلَةِ الْإِماءِ»[4]; “they are as bondwomen”; because they are Wahid narrations and contrary to the principle and the appearance, but also contrary to the book of God, and they are in conflict with other narrations from the Ahl al-Bayt that say: «هِيَ مِنَ الْأَرْبَعِ»[5]; “She is from the four women”!

As a result, it is not permissible to gather more than four wives, even if all of them are temporary, and this is the saying of allamah Mansoor Hashemi Khorasani may God protect him, and according to precaution; as one of our helpers informed us, he said:

«سَأَلْتُ الْمَنْصُورَ عَنِ الْمُتْعَةِ أَهِيَ مِنَ الْأَرْبَعِ؟ قالَ: نَعَمْ، قُلْتُ: إِنَّهُمْ یَقُولُونَ لَیْسَتْ مِنَ الْأَرْبَعِ وَ لا مِنَ السَّبْعِینَ! قالَ: مَنْ لا یُغْنِیهِ الْأَرْبَعُ فَلا یُغْنِیهِ السَّبْعُونَ»; “I asked Mansoor about mut’ah that is it one of the four? He said: Yes, I said: These people say it is not from the four, rather not from seventy! He said: Whoever the four do not make him without need, the seventy do not make him without need too”!

↑[1] . Al-Mu’minun/ 5 to 7
↑[2] . Al-Nisa’ / 3
↑[3] . Al-Nisa’/ 25
↑[4] . Al-Kafi by Kulayni, vol 5, page 451
↑[5] . Qurb al-Isnad by Himyari, page 366; al-Istibsar by Tusi, vol 3, pages 147 and 148
The website for the office of Mansoor Hashemi Khorasani The section for answering questions
Sub-question 2
Author: Sadegh Dehyar
Date: 20/06/2018

Greetings and salutation to allamah Mansoor Hashemi Khorasani may I guard him, and to his helpers.

How can a temporary wife separate from her husband if her husband is not willing to give up the remaining time for her?

If the wife has not received anything from her marriage portion, can she release herself from the man’s marriage?

What is the amount of iddah that a temporary wife must take?

Thank you for your efforts brothers.

Answer to
sub-question 2
Date: 26/06/2018

Please note the following:

1. The Couple in temporary marriage separate as the term expires; because it is the requirement of it being temporary, but does divorce happen in it? Not after its term expiration; because divorce means freeing the wife from the bond of marriage, and after the expiration of its period, there is no marriage left so that it is possible to free the wife from its bond, but before its term expiration, yes; because it is possible to free the wife from the bond of marriage in this case; in such a way that the husband gives up the remaining time for the wife and frees her from the bond of marriage with an explicit word. Therefore, divorce occurs in temporary marriage before its term expiration; because its occurrence in this case is possible and is subject to the generalities and applications of Quran and the Sunnah regarding the divorce of the wife; considering that the wife in temporary marriage in terms of being a wife is no different from the wife in permanent marriage, and with this description, her divorce takes place whenever possible, rather one can say whoever whose marriage is correct, her divorce is also correct, except in cases where her divorce is considered achieving what is already achieved; like the curse between the couple and the apostasy of one of them, which is legitimately enough to separate the two from each other. Yes, it has been claimed that the supporters of the permissibility of temporary marriage have consensus on non-occurrence of divorce in it before its term expiration, and this, to the opinion of people like Sharif Murtaza[1], is a sufficient reason for non-occurrence of divorce in it before its term expiration, but to the opinion of allamah Mansoor Hashemi Khorasani[2], consensus, in this respect that it is based on incomplete induction, does not cause knowledge, and therefore it cannot allocate the generalities and applications of Quran and the Sunnah and with this description, divorce in temporary marriage before its term expiration occurs; as one of our helpers informed us, he said:

«سَمِعْتُ الْمَنْصُورَ یَقُولُ: فِي الْمُتْعَةِ طَلاقٌ ما لَمْ یَنْقَضِ الْأَجَلُ فَإِذَا انْقَضَی الْأَجَلُ فَفُرْقَةٌ بِغَیْرِ طَلاقٍ»; “I heard Mansoor say: There is divorce in mut’ah until its term has not expired, so when its term has expired, the separation is without divorce.”

And following the divorce, Khula’ is also possible in it, and it is in this way that the wife, due to her dislike toward the husband, gives up a part of the marriage portion or all of it or other wealth in exchange for him divorcing her. Therefore, the wife in temporary marriage before the expiration of its term, if she dislikes the husband, can satisfy him with her divorce by spending wealth; as God has said: ﴿وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ ۗ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ﴾[3]; “And it is not lawful for you to take any part of what you have given the wives, unless both (the wife and the husband) fear that they do not keep within the limits of God, then if you fear that they do not keep within the limits of God, there is no problem that the wife gives something as ransom (so that the husband divorces her), these are the limits of God, so do not exceed them and whoever exceeds the limits of God, they are the very oppressors”.

2. Iddah in temporary marriage before its term expiration, like the iddah in permanent marriage, is three purities; because the verse ﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ ۚ﴾[4]; “and divorced women wait three menstruation periods” is general and includes both, and the iddah of the divorce for a woman who does not menstruate is three months in both; because the verse ﴿وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ ۚ﴾[5]; “And for such of your women as despair of menstruation, if you doubt, their iddah is three months, and those who have not menstruated” is general and includes both, and the iddah of the divorce for pregnant women is childbirth in both; because the verse ﴿وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ ۚ﴾[6]; “And for the pregnant women their iddah is that they deliver their burden” is general and includes both, and the iddah of death is four months and ten days in both; because the verse ﴿وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا ۖ﴾[7]; “And for men of you who die and leave wives behind, their wives wait for four months and ten days” is general and includes both, but the iddah of separation in temporary marriage with the expiration of its term is a matter for consideration, and the well-known have considered it to be the iddah of a bondwoman which is two menstruation periods; because separation in it with the expiration of the term is not considered divorce so that it includes the wife in the verse, whereas although she is not included in the verse, she is not a bondwoman either to be included in the law of bondwoman, and her comparison with bondwoman is comparison of incommensurables. With this description, there is no reason to accredit specified iddah for her; because God has determined only the iddah of the divorce and the iddah of death and has not determined the iddah of separation with term expiration and with this description, the iddah of separation with term expiration is from the respect of purifying the womb so that the religious knowledge about non-delivery be achieved, it is one menstruation period and according to precaution, two menstruation periods; as one of our helpers informed us, he said:

«سَأَلْتُ الْمَنْصُورَ عَنْ عِدَّةِ الْمُتَمَتَّعِ بِها، فَقالَ: حَیْضَةٌ تَسْتَبْرِئُ بِها رَحِمَها وَ الْأَفْضَلُ أَنْ تَعْتَدَّ بِحَیْضَتَیْنِ لِكَیْلا تُشْبِهَ الزّانِیَةَ»; “I asked Mansoor about the iddah of a woman who has entered into mut’ah, so he said: One menstruation period with which she purifies his womb, and it is better for her to observe the iddah with two menstruation periods so that she does not look like an adulterous woman”.

↑[1] . Al-Intisar, page 276
↑[3] . Al-Baqarah/ 229
↑[4] . Al-Baqarah/ 228
↑[5] . Al-Talaq/ 4
↑[6] . Al-Talaq/ 4
↑[7] . Al-Baqarah/ 234
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