Monday, May 20, 2024 AD / Dhul-Qa’dah 12, 1445 AH
Mansoor Hashemi Khorasani
 New saying: A significantly important and enlightening saying from His Eminence about the condition for the Mahdi’s advent. Click here to read it. New question: What does it mean that the Quran is extremely eloquent and rhetorical? It has been said that the Quran contains true reports about the future and hidden sciences at the time of completion. Please provide some examples of these reports and sciences. Click here to read the answer. New critique: Please mention the name of the university or religious school from which His Excellency Khorasani has graduated; because no matter how much I searched, I did not find his name nor his fame as a famous writer, researcher, or religious man in Afghanistan. Click here to read the response. Visit home to read the most important contents of the website. New letter: An excerpt from His Honor’s letter to one of his companions, in which he advises him and frightens him from God. Click here to read it. New lesson: Lessons from His Honor about the fact that the earth is not empty of a man knowledgeable about the entire religion, whom God has appointed as a Caliph, Imam, and guide on it with His command; Authentic Hadiths from the Prophet that indicate it; Hadith No. 11. Click here to read it. New remark: The remark “Inverted era” by “Elias Hakimi” has been published. Click here to read it. New video: A new video with the subject “The Call of Return to God” has been published. Click here to watch it. Visit home to read the most important contents of the website.
loading
Question & Answer
 
Please answer the following questions:

1. Does something called temporary marriage exist in Islamic Sharia, especially in secret?

2. Why do the majority of scholars consider it unlawful and Shia scholars consider it obligatory?

3. Is it obligatory to help someone who needs to do temporary marriage?

4. Is it permissible for a person to do temporary marriage if he is capable of doing permanent marriage?

5. Is it lawful to marry a virgin temporarily?

6. Is temporary marriage permissible for a man without the consent of his wife?

7. In today’s society, what should young people who want to get married but do not have the necessary conditions and cannot practice chastity do? Who is responsible?

The answers to your questions are as follows:

1. Marriage means a legitimate contract by which a man is allowed to enjoy a woman in exchange for a specific compensation, and its effects are the realization of Ihsan[1], guardianship, inheritance, and the spread of mahram relationships, and it is not required to be permanent rationally or religiously; rationally, because the principle is to not set any condition, and determining a term for marriage does not contradict what requires it, as it is concluded by being certain of divorce, but rather by its intention, and whatever is permissible permanently is a fortiori permissible temporarily; and religiously, because of the apparent meaning of the words of God Almighty 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 «إستمتاع»; “enjoyment” in «متعة»; “marriage”, and according to the understanding of Ubayy ibn Ka‘b and Abdullah ibn Abbas that includes ﴿إِلی أَجَلٍ مُسَمًّی; “for a fixed term,” and explicitly states temporary marriage[3], and this is the saying of the Ahl al-Bayt of the Prophet, peace and blessings of God be upon him and his family, and the saying of many of the Sahabah, such as Abdullah ibn Abbas[4], Abdullah ibn Mas‘ud[5], Imran ibn Husayn[6], Jabir ibn Abdullah[7], Abu Sa‘id al-Khudri[8],and Salamah ibn al-Akwa‘[9], but rather of all the Sahabah until the end of the caliphate of Umar ibn al-Khattab, and it has been attributed to many great followers of the Sahabah, such as Tawus, Atta‘, Sa‘id ibn Jubayr, and other jurists of Mecca[10].

However, doing it secretly is against the Prophet’s Sunnah; because the Prophet’s Sunnah in marriage is to announce it, even with taking one or two witnesses, to prevent evils such as accusation, not to conceal it, which is appropriate for illegitimate relationships, and therefore, the more publicly the marriage takes place, the better, although it is not invalid if it is done secretly due to an excuse or necessity, and God is the All-Forgiving, the Most Merciful.

2. The disagreement of Islamic sects is not between the obligation and prohibition of temporary marriage, but rather between its permissibility and prohibition; in this way that Shia scholars consider it permissible and Sunni scholars forbidden; because in the supposition of Sunni scholars, although temporary marriage was permissible in the early days of Islam according to the apparent meaning of the Book of God and the mutawatir Sunnah of the Prophet, peace and blessings of God be upon him and his family, it was later abrogated by His Excellency in the battle of Khaybar, the battle of Tabuk, the conquest of Mecca, or elsewhere, while according to the view of Allamah Mansoor Hashemi Khorasani, may God protect him, in the honorable book Return to Islam[11], the rule is that it is not possible to abrogate the Quran with the Sunnah, and the Quran is abrogated only by the Quran; as God Almighty has said: ﴿مَا نَنْسَخْ مِنْ آيَةٍ أَوْ نُنْسِهَا نَأْتِ بِخَيْرٍ مِنْهَا أَوْ مِثْلِهَا[12]; “Any verse that We abrogate or cause it to be forgotten, We bring one better than it or like it”; regardless of the fact that the principle is to not abrogate the ruling of God until its abrogation is proven, while the abrogation of this ruling is not proven and has faced the denial of the Ahl al-Bayt of the Prophet, peace and blessings of God be upon him and his family, and the denial of many of the Sahabah and their followers.

Yes, some Sunni scholars have claimed that the verse ﴿إِلَّا عَلَى أَزْوَاجِهِمْ[13]; “except with their wives,” and the verse of inheritance[14] have abrogated this ruling, with this statement that the first verse has condemned sexual activities with non-wives, while a woman contracted in temporary marriage is not one of the wives, and the second verse has considered the wives to be entitled to inheritance, while a woman contracted in temporary marriage is not entitled to inheritance, but it is clear that such a statement is pure fallacy; because if temporary marriage is permissible, the married woman in it is considered one of the wives, and the verse of inheritance does not invalidate her marriage, but rather it proves her inheritance, and this is clearer than to remain hidden from anyone, except for one who is lost in fanaticism and istihsan, while fanaticism prevents cognition of the truth, and istihsan has no basis in Islam; as God has said: ﴿فَعَسَى أَنْ تَكْرَهُوا شَيْئًا وَيَجْعَلَ اللَّهُ فِيهِ خَيْرًا كَثِيرًا[15]; “So perhaps you dislike something in which God has put much good.”

3. If a Muslim, in order to avoid a forbidden deed, needs temporary marriage, and for temporary marriage, he needs the help of other Muslims, then it is obligatory for other Muslims to help him as much as they can; as God Almighty has said: ﴿وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى[16]; “And help one another in goodness and piety,”especially if he is one of the family, relatives, orphans, the needy, neighbors, friends, and travelers; as God Almighty has mentioned them and said: ﴿وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَى وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ بِالْجَنْبِ وَابْنِ السَّبِيلِ[17]; “And do good to parents, relatives, orphans, the needy, close neighbors, distant neighbors, the companion by your side, and the wayfarer.”

4. Permanent marriage is certainly better than temporary marriage and has more blessings for the individual and society, and therefore, refraining from it despite the ability, to suffice with temporary marriage, is considered the abandonment of the preferred and contrary to wisdom and generosity; especially considering that the purpose of legislating temporary marriage in Islam has not been to prevent Muslims from permanent marriage, but rather it is a way by which God has made things easier for those who are not able to get married permanently and fear that they will fall into hardship; as He has said: ﴿يُرِيدُ اللَّهُ أَنْ يُخَفِّفَ عَنْكُمْ ۚ وَخُلِقَ الْإِنْسَانُ ضَعِيفًا[18]; “God wants to lighten your burdens, and the human being has been created weak.”

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

6. If a man has made a promise to his wife that he will refrain from temporary marriage, then he must fulfill his promise; as God Almighty has said: ﴿وَالْمُوفُونَ بِعَهْدِهِمْ إِذَا عَاهَدُوا[19]; “And those who fulfill their promises when they make one,”and said: ﴿وَالَّذِينَ هُمْ لِأَمَانَاتِهِمْ وَعَهْدِهِمْ رَاعُونَ[20]; “And those who faithfully observe their trusts and promises,”and said: ﴿بَلَى مَنْ أَوْفَى بِعَهْدِهِ وَاتَّقَى فَإِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ[21]; “Yes, one who fulfills his promise and is pious, God loves the pious,” unless he has no choice and is forced to do it to protect himself from committing a forbidden deed, in which case God is the All-Forgiving, the Most Merciful.

7. If young people will be polluted with forbidden deeds if they do not marry, then it is obligatory for them to marry in any way possible, even by borrowing, and it is obligatory for their family, relatives, neighbors, and friends to help them with it, and if they do not find a way to permanent or temporary marriage, then it is obligatory for them to be pious until God makes a way out for them; as He has said: ﴿وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا ۝وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ[22]; “And whoever is pious, God will make a way out for him, and provide for him from where he does not expect,”and their piety is obtained from patience and prayer; as He has said: ﴿يَا أَيُّهَا الَّذِينَ آمَنُوا اسْتَعِينُوا بِالصَّبْرِ وَالصَّلَاةِ ۚ إِنَّ اللَّهَ مَعَ الصَّابِرِينَ[23]; “O you who believed! Seek help through patience and prayer; because God is with the patient,” and one of the greatest examples of patience is to preserve fasting that extinguishes the fire of lust and is considered a characteristic of the chaste; as God Almighty has said: ﴿وَالصَّائِمِينَ وَالصَّائِمَاتِ وَالْحَافِظِينَ فُرُوجَهُمْ وَالْحَافِظَاتِ[24]; “And men and women who fast, and men and women who guard their chastity.” Furthermore, it is obligatory for them to rise to prepare the ground for the advent of the Mahdi; because all their problems, such as the difficulty of marriage, are the consequences of the non-advent of the Mahdi who implements the rulings of Islam and revives the Sunnah of the Prophet, peace and blessings of God be upon him and his family, and therefore, those of them who do not rise to prepare the ground for the advent of the Mahdi are at fault for the difficulty of marriage for themselves and have no excuse for falling into a forbidden deed if they fall into it.

As a result, there is nothing wrong with temporary marriage with observing all the rulings of permanent marriage, such as the guardian, witnesses, the contract, the marriage portion, and iddah, but it is clear that it is not permissible to be extravagant with it, use it as a pretext for debauchery or wrongdoing against women, or transgress the hudud that God and His Prophet have set for it, and God has full knowledge of everything.

↑[1] . «إحصان»; “the state of being married.”
↑[2] . An-Nisa/ 24
↑[3] . See Tafsir of al-Tabari, vol. 5, p. 18; Ma‘ani al-Quran by al-Nahas, vol. 2, p. 61; Tafsir of al-Qurtubi, vol. 5, p. 130.
↑[4] . Musannaf of Abd al-Razzaq, vol. 7, p. 497; Musnad of Ahmad, vol. 1, pp. 52 and 337; Sahih of al-Bukhari, vol. 6, p. 129; Sahih of Muslim, vol. 4, p.131
↑[5] . Sahih of al-Bukhari, vol. 3, p. 84; Sahih of Muslim, vol. 4, p. 130
↑[6] . Musnad of Ahmad, Vol. 4, p. 429; Musnad of al-Darimi, vol. 2, p. 35; Sahih of al-Bukhari, vol. 2, p. 153, vol. 5, p. 158; Sahih of Muslim, vol. 4, p. 48
↑[7] . Musnad of Ahmad, vol. 1, p. 52, vol. 3, p. 380; Sahih of al-Bukhari, vol. 6, p. 129; Sahih of Muslim, vol. 4, p. 130
↑[8] . Musnad of Ahmad, vol. 3, p. 22
↑[9] . Sahih of al-Bukhari, vol. 6, p. 129; Sahih of Muslim, vol. 4, p. 130
↑[10] . See al-Muhalla Bi al-Athar by ibn Hazm, vol. 9, p. 520.
↑[11] . p. 239
↑[12] . Al-Baqarah/ 106
↑[13] . Al-Mu’minun/ 6
↑[14] . An-Nisa/ 12
↑[15] . An-Nisa/ 19
↑[16] . Al-Ma’idah/ 2
↑[17] . An-Nisa/ 36
↑[18] . An-Nisa/ 28
↑[19] . Al-Baqarah/ 177
↑[20] . Al-Mu’minun/ 8
↑[21] . Al Imran/ 76
↑[22] . At-Talaq/ 2-3
↑[23] . Al-Baqarah/ 153
↑[24] . Al-Ahzab/ 35
The website for the office of Mansoor Hashemi Khorasani The section for answering questions
Appendices
Sub-questions & answers
Sub-question 1
Author: Abulfazl

If we accept the opinion of Allamah about temporary marriage, does the verse that sets a limit on the number of wives - which is four - apply to that, or is there no limit?

Answer to
sub-question 1
Date: 2017 February 10

As explained above, a woman contracted in temporary marriage is either considered a “wife”, in which case she is one of the four wives and is entitled to their rights and duties, or she is not considered a “wife”, in which case it is not permissible to touch her; because God Almighty has clearly said in His Book: ﴿وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ ۝ إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ ۝ فَمَنِ ابْتَغَى وَرَاءَ ذَلِكَ فَأُولَئِكَ هُمُ الْعَادُونَ[1]; “And those who guard their private parts, except from their wives or those (bondwomen) in their possession, for they are free from blame. So whoever seeks beyond that, they are transgressors,” while a woman contracted in temporary marriage is not a bondwoman, and therefore, if she is not one of the wives either, then she is inevitably from ﴿وَرَاءَ ذَلِكَ; “beyond that,” which is forbidden to seek in the Book of God.

Yes, it may be said that a woman contracted in temporary marriage is considered one of the “wives”, but what comes to the mind from the word “wives” in the Book of God is a woman contracted in permanent marriage, and for this reason, it is not proven that a woman contracted in temporary marriage has all their rights and duties, and therefore, a specific reason is needed to prove each one of them for her, while this statement is against the rule; because the diversion of the mind to women contracted in permanent marriage when hearing the word “wives” is only due to the dominance of their existence or more completeness of their nature, which is a primitive diversion and does not harm the generality of the word, and accordingly, the rule is that a woman contracted in temporary marriage has all their rights and duties, except for what is excluded due to a reason from the Book of God or a legitimate agreement between the spouses.

Therefore, a woman contracted in temporary marriage is undoubtedly one of the four wives; because God has not excluded her from them, but rather He has explicitly said: ﴿فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلَاثَ وَرُبَاعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ۚ ذَلِكَ أَدْنَى أَلَّا تَعُولُوا[2]; “Then marry women who seem good to you, two, three, and four, and if you fear that you will not do justice (between them), then only one or those (bondwomen) in your possession. That is more likely to keep you from committing an injustice,” and said: ﴿وَمَنْ لَمْ يَسْتَطِعْ مِنْكُمْ طَوْلًا أَنْ يَنْكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ فَمِنْ مَا مَلَكَتْ أَيْمَانُكُمْ مِنْ فَتَيَاتِكُمُ الْمُؤْمِنَاتِ[3]; “And whoever of you cannot afford to marry free believing women, then (he shall marry) those of your believing bondwomen in your possession,” and this explicitly states that marriage is not permissible except to four free women or to bondwomen, and there is no third case, and therefore, a woman contracted in temporary marriage is either one of the four free women or one of the bondwomen, while she is clearly not one of the bondwomen; because she is a free woman and has got married through a marriage contract, and therefore, it is not possible to have her join the bondwomen, even by citing the narrations from the Ahl al-Bayt that say: «هُنَّ بِمَنْزِلَةِ الْإِمَاءِ»[4]; “they are of the same status as bondwomen”; because they are ahad narrations and contradict the principle and what is apparent, but rather they contradict the Book of God and conflict with the narrations from the Ahl al-Bayt that say: «هِيَ مِنَ الْأَرْبَعِ»[5]; “She is of the same status as the four women.”

As a result, it is not permissible to have more than four wives, whether they are permanent or temporary, and this is a statement in agreement with precaution and the saying of Allamah Mansoor Hashemi Khorasani, may God protect him; as one of our companions informed us, he said:

«سَأَلْتُ الْمَنْصُورَ عَنِ الْمُتْعَةِ، أَهِيَ مِنَ الْأَرْبَعِ؟ قَالَ: نَعَمْ، قُلْتُ: إِنَّهُمْ يَقُولُونَ لَيْسَتْ مِنَ الْأَرْبَعِ، وَلَا مِنَ السَّبْعِينَ! قَالَ: مَنْ لَا يُغْنِيهِ الْأَرْبَعُ فَلَا يُغْنِيهِ السَّبْعُونَ»[6]; “I asked Mansoor about temporary marriage, is it one of the four? He said: ‘Yes.’ I said: ‘They say it is not one of the four, but rather of the seventy!’ He said: ‘One for whom four is not sufficient, seventy is not sufficient for him either!’”

↑[1] . Al-Mu’minun/ 5-7
↑[2] . An-Nisa/ 3
↑[3] . An-Nisa/ 25
↑[4] . Al-Kafi by al-Kulayni, Vol. 5, p. 451
↑[5] . Qurb al-Isnad by al-Himyari, p. 366; al-Istibsar by al-Tusi, vol. 3, pp. 147 and 148
↑[6] . Saying 54, passage 6
The website for the office of Mansoor Hashemi Khorasani The section for answering questions
Sub-question 2
Author: Sadiq Dehyar

Greetings to Allamah Mansoor Hashemi Khorasani, may I be sacrificed for him.

Please answer the following questions:

In a temporary marriage, how can a woman get a divorce from her husband if her husband is not willing to give up the remaining term for her? Can she free herself from the marriage contract if she has received nothing from her marriage portion?

How long is the iddah of women in temporary marriage?

Thank you for your efforts to serve the pure religion.

Answer to
sub-question 2
Date: 2018 June 26

Please pay attention to the following points:

1. The spouses in temporary marriage divorce each other with the expiration of its term; because it is the requirement of it being temporary, but does divorce occur in it? Not after the expiration of its term; because divorce means freeing the wife from the bond of marriage, and after the expiration of its term, there is no marriage left so that it would be possible to free the wife from its bond, but before the expiration of its term, yes; because it is possible to free the wife from the bond of marriage in this case; in this way that the husband gives up the remaining term for the wife and frees her from the bond of marriage with an explicit word. Therefore, divorce occurs in temporary marriage before the expiration of its term; because its occurrence, in this case, is possible and included in the generalities and absolute indications of the Quran and the Sunnah regarding the divorce of the wife; considering that the wife in temporary marriage is no different from the wife in permanent marriage in terms of being a wife, and therefore, her divorce will occur whenever possible, but rather it can be said that whoever whose marriage is valid, her divorce is valid as well, except in cases where her divorce is considered as achieving what is already achieved; such as li‘an between the spouses and the apostasy of one of them, which is legitimately sufficient for their divorce. Yes, it has been claimed that those who say temporary marriage is permissible have a consensus that divorce does not occur in it before the expiration of its term, and in the opinion of people like Sharif al-Murtada[1], this is a sufficient reason that divorce does not occur in it before the expiration of its term, but in the opinion of Allamah Mansoor Hashemi Khorasani[2], consensus does not lead to knowledge because it is based on incomplete induction, and for this reason, it cannot specify the generalities and absolute indications of the Quran and the Sunnah, and therefore, divorce occurs in temporary marriage before the expiration of its term; as one of our companions informed us, he said:

«سَمِعْتُ الْمَنْصُورَ يَقُولُ: فِي الْمُتْعَةِ طَلَاقٌ مَا لَمْ يَنْقَضِ الْأَجَلُ، فَإِذَا انْقَضَى الْأَجَلُ فَفُرْقَةٌ بِغَيْرِ طَلَاقٍ»[3]; “I heard Mansoor say: ‘There is divorce in temporary marriage as long as its term does not expire, so when its term expires, the separation is without divorce.’”

Then, just as divorce can occur in it, khul‘ can also occur in it, in this way that the wife gives up some or all of her marriage portion or other wealth due to her dislike of the husband on the condition that he divorces her. Therefore, in temporary marriage, before the expiration of its term, if the wife dislikes the husband, she can convince him to divorce her by spending wealth; as God Almighty 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 فَأُولَئِكَ هُمُ الظَّالِمُونَ[4]; “And it is not lawful for you to take any part of what you have given the wives unless they (the wife and the husband) fear that they will not keep within the limits of God, so if you fear that they will not keep within the limits of God, there is no blame on either of them if the wife gives something as ransom (for the husband to divorce her). These are the limits of God, so do not transgress them, and whoever transgresses the limits of God, they are indeed the wrongdoers.”

2. Iddah in temporary marriage before the expiration of its term, like the iddah in permanent marriage, is three menstrual periods; because the verse ﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ[5]; “And divorced women must wait for three menstrual periods,”is general and includes both, and 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[6]; “As for those of your women who have despaired of menstruation, if you doubt, their waiting period is three months, and those who have not menstruated,”is general and includes both, and iddah of the divorce for pregnant women is the delivery in both; because the verse ﴿وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ[7]; “As for the pregnant women, their waiting period is until they deliver their burden,” is general and includes both, and iddah of death is four months and ten days in both; because the verse ﴿وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا[8]; “As for men of you who die and leave wives behind, their wives must wait for four months and ten days,” is general and includes both, but iddah of separation in temporary marriage with the expiration of its term is a matter of consideration, and the well-known have considered it to be iddah of a bondwoman, which is two menstrual periods; because separation in it with the expiration of its term is not considered a divorce to include 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 ruling of bondwomen, and comparing her with a bondwoman is a false analogy. Therefore, there is no reason to consider specific iddah for her; because God has determined only the iddah of the divorce and iddah of death and has not determined the iddah of separation with the expiration of the term, and therefore, iddah of separation with the expiration of the term is for the purpose of establishing that there is no pregnancy so that religious knowledge about non-pregnancy will be achieved, and it is one menstrual period and, according to precaution, two menstrual periods; as one of our companions informed us, he said:

«سَأَلْتُ الْمَنْصُورَ عَنْ عِدَّةِ الْمُتَمَتَّعِ بِهَا، فَقَالَ: حَيْضَةٌ تَسْتَبْرِئُ بِهَا رَحِمَهَا، وَالْأَفْضَلُ أَنْ تَعْتَدَّ بِحَيْضَتَيْنِ، لِكَيْلَا تُشْبِهَ الزَّانِيَةَ»[9]; “I asked Mansoor about iddah of a woman contracted in temporary marriage, so he said: ‘One menstrual period with which she establishes that there is no pregnancy, and it is better for her to wait for two menstrual periods so that she will not be compared with an adulteress.’”

↑[1] . Al-Intisar by Sharif al-Murtada, p. 276
↑[2] . Return to Islam, p. 65
↑[3] . Saying 54, passage 7
↑[4] . Al-Baqarah/ 229
↑[5] . Al-Baqarah/ 228
↑[6] . At-Talaq/ 4
↑[7] . At-Talaq/ 4
↑[8] . Al-Baqarah/ 234
↑[9] . Saying 54, passage 8
The website for the office of Mansoor Hashemi Khorasani The section for answering questions
Sub-question 3
Author: Qasim

Can a person who has temporarily married a woman but has not had sexual intercourse with her and had other sexual activities, marry her daughter temporarily after separating from her?

Answer to
sub-question 3
Date: 2023 February 17

This is an abhorrent and hideous act that the Imams of the Ahl al-Bayt have forbidden; as it has been narrated from Ahmad ibn Muhammad ibn Abi Nasr that he said: «سَأَلْتُ أَبَا الْحَسَنِ عَلَيْهِ السَّلَامُ عَنِ الرَّجُلِ يَتَزَوَّجُ الْمَرْأَةَ مُتْعَةً، أَيَحِلُّ لَهُ أَنْ يَتَزَوَّجَ ابْنَتَهَا؟ قَالَ: لَا»[1]; “I asked Abu al-Hasan (Ali ibn Musa al-Rida), peace be upon him, about a man who temporarily marries a woman, is it lawful for him to marry her daughter? He said: ‘No,’” and from Muhammad ibn Muslim that he said: «سَأَلْتُهُ عَنْ رَجُلٍ تَزَوَّجَ امْرَأَةً، فَنَظَرَ إِلَى رَأْسِهَا وَإِلَى بَعْضِ جَسَدِهَا، أَيَتَزَوَّجُ ابْنَتَهَا؟ فَقَالَ: لَا، إِذَا رَأَى مِنْهَا مَا يَحْرُمُ عَلَى غَيْرِهِ فَلَيْسَ لَهُ أَنْ يَتَزَوَّجُ ابْنَتَهَا»[2]; “I asked him (i.e., Muhammad ibn Ali ibn al-Husain or Ja‘far ibn Muhammad, peace be upon them) about a man who marries a woman, then he looks at her hair and body, can he marry her daughter? He said: ‘No, if he sees something from her that is forbidden for others, he cannot marry her daughter,’” and from Abu Rabi‘ that he said: «سُئِلَ أَبُو عَبْدِ اللَّهِ عَلَيْهِ السَّلَامُ عَنْ رَجُلٍ تَزَوَّجَ امْرَأَةً، فَمَكَثَ أَيَّامًا مَعَهَا، وَلَا يَسْتَطِيعُ أَنْ يُجَامِعَهَا غَيْرَ أَنَّهُ قَدْ رَأَى مِنْهَا مَا يَحْرُمُ عَلَى غَيْرِهِ، ثُمَّ يُطَلِّقُهَا، أَيَصْلُحُ لَهُ أَنْ يَتَزَوَّجَ ابْنَتَهَا؟ فَقَالَ: أَيَصْلُحُ لَهُ وَقَدْ رَأَى مِنْ أُمِّهَا مَا قَدْ رَأَى؟!»[3]; “Ja‘far ibn Muhammad, peace be upon him, was asked about a man who married a woman and spent a few days with her, but he could not have sexual intercourse with her and only saw from her something that is not lawful for others, then he divorced her, can he marry her daughter? He said: ‘How can he do so, when he saw what he saw from her mother?!’”

In addition, engagement of a man in temporary marriage to the extent that he goes from one woman to another is not appropriate and speaks of the weakness of his piety; as it has been narrated from the Messenger of God, peace and blessings of God be upon him and his family, that he said: «إِنَّ اللَّهَ لَا يُحِبُّ الذَّوَّاقِينَ وَلَا الذَّوَّاقَاتِ»[4]; “God does not like male tasters and female tasters (in marriage and sexual activities).” Rather, getting married temporarily without the need for it is considered an abhorrent act and is done only by people of heedlessness and sin; as it has been narrated from Ja‘far ibn Muhammad, peace be upon them, that he said: «لَا تُدَنِّسْ نَفْسَكَ بِهَا»[5]; “Do not pollute yourself with it,” and said: «دَعُوهَا، أَمَا يَسْتَحْيِي أَحَدُكُمْ أَنْ يُرَى فِي مَوْضِعِ الْعَوْرَةِ، فَيُحْمَلَ ذَلِكَ عَلَى صَالِحِي إِخْوَانِهِ وَأَصْحَابِهِ؟!»[6]; “Abandon it. Is one of you not ashamed to be seen with a woman and then cause infamy for his righteous brothers and friends?!” and said: «مَا تَفْعَلُهَا عِنْدَنَا إِلَّا الْفَوَاجِرُ»[7]; “In our community, none but adulteresses do that,” and it has been narrated from Musa ibn Ja‘far, peace be upon them, that he said: «مَا أَنْتَ وَذَاكَ؟! وَقَدْ أَغْنَاكَ اللَّهُ عَنْهَا»[8]; “What do you have to do with it when God has made you free of need for it?!” and from Ali ibn Musa al-Rida, peace be upon them, that he said: «هِيَ حَلَالٌ مُبَاحٌ مُطْلَقٌ لِمَنْ لَمْ يُغْنِهِ اللَّهُ بِالتَّزْوِيجِ، فَلْيَسْتَعْفِفْ بِالْمُتْعَةِ»[9]; “It is lawful and permissible for one whom God has not made free of need by permanent marriage, so he maintains chastity by means of temporary marriage,” and said: «لَا تُلِحُّوا عَلَى الْمُتْعَةِ، إِنَّمَا عَلَيْكُمْ إِقَامَةُ السُّنَّةِ، فَلَا تَشْتَغِلُوا بِهَا عَنْ فُرُشِكُمْ وَحَرَائِرِكُمْ، فَيَكْفُرْنَ وَيَتَبَرَّيْنَ وَيَدْعِينَ عَلَى الْآمِرِ بِذَلِكَ وَيَلْعَنُونَا»[10]; “Do not insist on temporary marriage. You must only maintain the Sunnah, so do not be distracted from your wives with it to cause them to deny, feel aversion, revile the one who commands it, and curse us.”

*For further explanations, refer to the arabic text.
↑[1] . Qurb al-Isnad by al-Himyari, p. 366; al-Kafi by al-Kulayni, vol. 5, p. 422; Man La Yahduruh al-Faqih by ibn Babawayh, vol. 3, p. 463; Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 277
↑[2] . Al-Nawadir by Ahmad ibn Muhammad ibn Isa al-Ash‘ari, p. 100; al-Kafi by al-Kulayni, vol. 5, p. 422; Da‘a’im al-Islam by ibn Hayyun, vol. 2, p. 233; Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 280
↑[3] . Al-Kafi by al-Kulayni, vol. 5, p. 423; Man La Yahduruh al-Faqih by ibn Babawayh, vol. 3, p. 550; Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 280
↑[4] . Musnad of al-Bazzar, vol. 8, p. 70; al-Mu‘jam al-Awsat by al-Tabarani, vol. 8, p. 24; Ahkam al-Quran by al-Jassas, vol. 2, p. 138; al-Firdaws bi Ma’thur al-Khitab by al-Daylami, vol. 2, p. 51
↑[5] . Al-Nawadir by Ahmad ibn Muhammad ibn Isa al-Ash‘ari, p. 87
↑[6] . Al-Kafi by al-Kulayni, vol. 5, p. 453
↑[7] . Al-Nawadir by Ahmad ibn Muhammad ibn Isa al-Ash‘ari, p. 87
↑[8] . Al-Nawadir by Ahmad ibn Muhammad ibn Isa al-Ash‘ari, p. 87; al-Kafi by al-Kulayni, vol. 5, p. 452
↑[9] . Al-Kafi by al-Kulayni, vol. 5, p. 452
↑[10] . Al-Kafi by al-Kulayni, vol. 5, p. 452; Risalah al-Mut‘ah by al-Mufid, p. 14
The website for the office of Mansoor Hashemi Khorasani The section for answering questions
Share
Share this content with your friends to help spread the knowledge; for letting others know about knowledge is a means for expressing gratitude.
Email
Telegram
Facebook
Twitter
You can also read this content in the following languages:
If you are familiar with another language, you can translate this content to that language. [Translation form ]
Writing a question
Dear user! You can write your questions about the works and thoughts of Allamah Mansoor Hashemi Khorasani in the form below and send them to us to be answered in this section.
Attention: Your name may be shown as the author of this question in the website.
Note: Since our response goes to your email address and is not posted in the website necessarily, it is important that you put your email address correctly.
Please note the following:
1. Your question may have been answered on the website. Therefore, it is better to review the related questions and answers or use the search feature on the website before writing your question.
2. Do not send a new question before receiving the answer to the previous one.
3. Do not send more than one question at a time.
4. Our priority is to answer questions about Imam Mahdi, peace be upon him, and preparing the ground for his advent; because this is more important than anything at the moment.