Wednesday, January 22, 2025 AD / Rajab 22, 1446 AH
Mansoor Hashemi Khorasani
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Question & Answer
 

Please answer the following questions:

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

2. Why do most Sunni scholars consider it unlawful and Shia scholars consider it obligatory?

3. Is it obligatory to help those in need of temporary marriage?

4. Is it permissible for a man to engage in temporary marriage if he can get married permanently?

5. Is temporary marriage lawful for virgin girls?

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

7. In today’s society, what should young people who want to get married do if they do not find suitable conditions and cannot practice chastity? Who is responsible?

Please note the following:

1. Marriage is a legitimate contract by which a man is allowed to enjoy a woman in exchange for known compensation. 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. As for 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. As for religiously, because temporary marriage is a form of contract, and Allah Almighty has said: ﴿يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ[2]; “O you who believed! Fulfill the contracts,” and that temporary marriage is a form of marriage, and Allah Almighty has made marriage lawful in general, except for what is excluded by His words, where He has said: ﴿حُرِّمَتْ عَلَيْكُمْ[3]; “It is forbidden for you,” and said: ﴿لَا تَنْكِحُوا[4]; “Do not marry,” and similar verses that have nothing to do with temporary marriage. Therefore, temporary marriage is permissible by the general verses of the Quran, and then by its specific verses, where Allah Almighty has said:﴿فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً[5]; “So those of women whom you enjoy, pay their compensation as an obligation,”based on the manifestation of the term «إستمتاع»; “enjoyment” in «متعة»; “temporary marriage,” especially considering the understanding of Ubayy ibn Ka‘b and Abdullah ibn Abbas that includes the phrase ﴿إِلی أَجَلٍ مُسَمًّی; “for a fixed term” and is explicit in temporary marriage[6]. This is also the view of the Ahl al-Bayt of the Prophet (peace and blessings of Allah be upon him and his family) and the view of many of the Sahabah, such as Abdullah ibn Abbas[7], Abdullah ibn Mas‘ud[8], Imran ibn Husayn[9], Jabir ibn Abdullah[10], Abu Sa‘id al-Khudri[11], and Salamah ibn al-Akwa‘[12], but rather the view of all the Sahabah after the Prophet (peace and blessings of Allah be upon him and his family) until Umar ibn al-Khattab prohibited it at the end of his caliphate. However, he imposed a political prohibition on it, not a legislative one; as one of our companions informed us, he said:

«قُلْتُ لِلْمَنْصُورِ: إِنَّهُمْ يَقُولُونَ إِنَّ عُمَرَ حَرَّمَ الْمُتْعَةَ وَهُوَ يَعْلَمُ أَنَّهَا حَلَالٌ عِنْدَ اللَّهِ! قَالَ: مَا أَسْوَءَ ظَنَّهُمْ بِرَجُلٍ مِنَ الصَّحَابَةِ! إِنَّمَا نَهَى عَنْهَا نَهْيَ سِيَاسَةٍ لَا نَهْيَ تَشْرِيعٍ! إِنَّهُ لَمَّا بَلَغَهُ أَنَّ أَهْلَ الْعِرَاقِ يَزْعُمُونَ أَنَّهُ حَرَّمَ الْمُتْعَةَ، أَرْسَلَ رَجُلًا وَقَالَ: أَخْبِرْهُمْ أَنِّي لَمْ أُحَرِّمْهَا، وَلَيْسَ لِعُمَرَ أَنْ يُحَرِّمَ مَا أَحَلَّ اللَّهُ، وَلَكِنَّ عُمَرَ قَدْ نَهَى عَنْهَا»[13]; “I said to Mansoor: ‘They say that Umar prohibited temporary marriage, while he knew that it is permissible in the sight of Allah!’ He said: ‘What a bad assumption they make about a man of the Sahabah! Indeed, he imposed a political prohibition on it, not a legislative prohibition! When he heard that the people of Iraq thought he had prohibited temporary marriage, he sent a man and said: Tell them that I have not made it unlawful, and Umar is not allowed to make unlawful what Allah has made lawful, but rather Umar has prohibited it.’”

Similar prohibitions have also been issued by one of the Ahl al-Bayt of the Prophet (peace and blessings of Allah be upon him and his family); as it has been narrated from Ammar al-Sabati that he said: «قَالَ أَبُو عَبْدِ اللَّهِ يَعْنِي جَعْفَرَ بْنَ مُحَمَّدٍ الصَّادِقَ عَلَيْهِ السَّلَامُ لِي وَلِسُلَيْمَانَ بْنِ خَالِدٍ: قَدْ حَرَّمْتُ عَلَيْكُمَا الْمُتْعَةَ مِنْ قِبَلِي مَا دُمْتُمَا بِالْمَدِينَةِ، لِأَنَّكُمَا تُكْثِرَانِ الدُّخُولَ عَلَيَّ، فَأَخَافُ أَنْ تُؤْخَذَا فَيُقَالَ هَؤُلَاءِ أَصْحَابُ جَعْفَرٍ»[14]; “Abu Abdullah, meaning Ja‘far ibn Muhammad al-Sadiq (peace be upon him) said to me and Sulayman ibn Khalid: ‘I have prohibited temporary marriage for both of you from my side as long as you are in Medina; because both of you frequently visit me, and I fear that you will be caught and it will be said: These are the companions of Ja‘far!’” Also, it has been narrated from Mufaddal ibn Umar that he said: «سَمِعْتُ أَبَا عَبْدِ اللَّهِ عَلَيْهِ السَّلَامُ يَقُولُ فِي الْمُتْعَةِ: دَعُوهَا، أَمَا يَسْتَحْيِي أَحَدُكُمْ أَنْ يُرَى فِي مَوْضِعِ الْعَوْرَةِ، فَيُحْمَلَ ذَلِكَ عَلَى صَالِحِي إِخْوَانِهِ وَأَصْحَابِهِ؟!»[15]; “I heard Abu Abdullah (peace be upon him) say about temporary marriage: ‘Stay away from it. Does one of you not feel ashamed to be seen with a woman and then bring disgrace upon his righteous brothers and companions?!’” However, Shias have not rebuked him as they have rebuked Umar, while both prohibitions are similar. The view that temporary marriage is permissible has also been narrated from many of the Tabi‘un, such as Tawus, Ata’, Sa‘id ibn Jubayr, and other jurists of Mecca[16], and Sa‘id ibn Jubayr used to do this and say: “It is more lawful than drinking water!”[17] However, doing it secretly is contrary to the Sunnah of the Prophet (peace and blessings of Allah be upon him and his family); because his way to get married is to announce it even with taking one or two witnesses to prevent accusations and other evil consequences, not to conceal it, which is appropriate for illegitimate relationships. Therefore, the more publicly marriage takes place, the better, although it is not invalid if done secretly due to an excuse or necessity, and Allah is the All-Forgiving, the Most Merciful.

2. The disagreement among Islamic sects over temporary marriage does not revolve around its obligation or prohibition, but rather its permissibility or prohibition, in this way that Shias consider it permissible, while other Muslims consider it forbidden and claim that although temporary marriage was undoubtedly permissible in the early days of Islam based on the apparent meaning of the Book of Allah and the widely-transmitted Sunnah of the Prophet (peace and blessings of Allah be upon him and his family) it was later abrogated by the Prophet (peace and blessings of Allah be upon him and his family) with a great disagreement among them over the time and place of abrogation. However, in the view of Allamah Mansoor Hashemi Khorasani (may Allah protect him), the rule is that it is not possible to abrogate the Quran with the Sunnah, and the Quran is abrogated only by the Quran because of the necessity of equivalence between the abrogator and the abrogated, and because Allah Almighty has said: ﴿مَا نَنْسَخْ مِنْ آيَةٍ أَوْ نُنْسِهَا نَأْتِ بِخَيْرٍ مِنْهَا أَوْ مِثْلِهَا[18]; “Any verse that We abrogate or cause it to be forgotten, We bring one better than it or like it”; as one of our companions informed us, he said:

«سَأَلْتُ الْمَنْصُورَ عَنْ مُتْعَةِ النِّسَاءِ فَقَالَ: أَقُولُ فِيهَا كَمَا قَالَ ابْنُ عَبَّاسٍ -يَعْنِي أَنَّهَا حَلَالٌ، قُلْتُ: إِنَّهُمْ يَزْعُمُونَ أَنَّهَا مَنْسُوخَةٌ! قَالَ: إِنَّهَا مِنَ الْقُرْآنِ، وَالْقُرْآنُ لَا يُنْسَخُ بِالسُّنَّةِ، أَمَا قَرَأْتَ قَوْلَهُ تَعَالَى: ﴿فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً[19]; “I asked Mansoor about temporary marriage to women. So he said: ‘I say about it as ibn Abbas said,’ meaning it is lawful. I said: ‘They claim that it has been abrogated!’ He said: ‘It is from the Quran, and the Quran is not abrogated by the Sunnah. Have you not read the words of Allah Almighty, where He has said: “So those of women whom you enjoy, pay their compensation as an obligation”?!’”[20]

Strangely, many of those who have said temporary marriage is forbidden agree with him on this rule, such as al-Shafi‘i and most of his companions, as well as most of the Zahiris. It is also one of the two narrations from Ahmad ibn Hanbal. The strangeness lies here that the view that temporary marriage is forbidden is based on the Sunnah, which is not reconciled with the view that the Sunnah does not abrogate the Quran, considering that the Quran has stated the permissibility of temporary marriage; regardless of the fact that its abrogation in the Sunnah is not proven either, and the Ahl al-Bayt of the Prophet (peace and blessings of Allah be upon him and his family) and many of the Sahabah and the Tabi‘un have denied it; as it has been narrated from Imran ibn Husayn that he said: «نَزَلَتْ آيَةُ الْمُتْعَةِ فِي كِتَابِ اللَّهِ وَأَمَرَنَا بِهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ، ثُمَّ لَمْ تَنْزِلْ آيَةٌ تَنْسَخُهَا، وَلَمْ يَنْهَ عَنْهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ حَتَّى مَاتَ، ثُمَّ قَالَ رَجُلٌ بِرَأْيِهِ مَا شَاءَ»; “The verse of temporary marriage was revealed in the Book of Allah, and the Messenger of Allah (peace and blessings of Allah be upon him and his family) commanded us to perform it. Then no verse was revealed to abrogate it, and the Messenger of Allah (peace and blessings of Allah be upon him and his family) did not forbid it until he passed away. Then a man expressed his opinion as he wished,” referring to Umar ibn al-Khattab[21], and from Jabir ibn Abdullah that he said: «كُنَّا نَسْتَمْتِعُ بِالْقَبْضَةِ مِنَ التَّمْرِ وَالدَّقِيقِ الْأَيَّامَ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ وَأَبِي بَكْرٍ حَتَّى نَهَانَا عُمَرُ فِي شَأْنِ عَمْرِو بْنِ حُرَيْثٍ»[22]; “We contracted temporary marriage giving a handful of tales or flour as a dower during the lifetime of the Messenger of Allah (peace and blessings of Allah be upon him and his family) and during the lifetime of Abu Bakr until Umar prohibited it in the case of Amr ibn Huraith.” This is why Ali (peace be upon him) said: «لَوْ لَا مَا سَبَقَنِي بِهِ ابْنُ الْخَطَّابِ مَا زَنَى إِلَّا شَقِيٌّ»[23]; “Were it not for what ibn al-Khattab did before me, no one would commit fornication except for the wretched.” Also, it has been narrated from ibn Abbas that he said: «يَرْحَمُ اللَّهُ عُمَرَ! مَا كَانَتِ الْمُتْعَةُ إِلَّا رُخْصَةً مِنَ اللَّهِ عَزَّ وَجَلَّ رَحِمَ بِهَا أُمَّةَ مُحَمَّدٍ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ، فَلَوْلَا نَهْيُهُ عَنْهَا مَا احْتَاجَ إِلَى الزِّنَا إِلَّا شَقِيٌّ»[24]; “May Allah have mercy on Umar! Temporary marriage was nothing but a concession from Allah the Exalted, the Majestic, by which He showed mercy to the nation of Muhammad (peace and blessings of Allah be upon him and his family). Were it not for Umar’s prohibition of it, no one would resort to fornication except for the wretched.” It has also been narrated that «أَنَّ رَجُلًا مِنْ أَهْلِ الشَّامِ سَأَلَ عَبْدَ اللَّهِ بْنَ عُمَرَ عَنِ الْمُتْعَةِ، فَقَالَ عَبْدُ اللَّهِ بْنُ عُمَرَ: هِيَ حَلَالٌ، فَقَالَ الشَّامِيُّ: إِنَّ أَبَاكَ قَدْ نَهَى عَنْهَا، فَقَالَ عَبْدُ اللَّهِ بْنُ عُمَرَ: أَرَأَيْتَ إِنْ كَانَ أَبِي نَهَى عَنْهَا وَصَنَعَهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ، أَأَمْرَ أَبِي نَتَّبِعُ أَمْ أَمْرَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ؟ فَقَالَ الرَّجُلُ: بَلْ أَمْرَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ، فَقَالَ: لَقَدْ صَنَعَهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ»[25]; “a man from the Levant asked Abdullah ibn Umar about temporary marriage. So Abdullah ibn Umar said: ‘It is lawful.’ The Levantine man said: ‘Your father prohibited it.’ So Abdullah ibn Umar said: ‘If my father prohibited it and the Messenger of Allah (peace and blessings of Allah be upon him and his family) did it, do you think that we should follow the order of my father or the order of the Messenger of Allah (peace and blessings of Allah be upon him and his family)?!’ The man said: ‘Rather, the order of the Messenger of Allah (peace and blessings of Allah be upon him and his family).’ So he said: ‘Indeed, the Messenger of Allah (peace and blessings of Allah be upon him and his family) did it.’” Some narrators have stated that the prohibition only relates to mut‘ah of Hajj, not mut‘ah of women; as they have stated so in the narration of Imran ibn Husayn. However, it includes both types of mut‘ah; because Umar prohibited both of them. It has also been narrated that «أَنَّ عَبْدَ اللَّهِ بْنَ عُمَيْرٍ اللَّيْثِيَّ جَاءَ إِلَى أَبِي جَعْفَرٍ مُحَمَّدِ بْنِ عَلِيِّ بْنِ الْحُسَيْنِ عَلَيْهِمُ السَّلَامُ فَقَالَ لَهُ: مَا تَقُولُ فِي مُتْعَةِ النِّسَاءِ؟ فَقَالَ: أَحَلَّهَا اللَّهُ فِي كِتَابِهِ وَعَلَى لِسَانِ نَبِيِّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ، فَهِيَ حَلَالٌ إِلَى يَوْمِ الْقِيَامَةِ، فَقَالَ: يَا أَبَا جَعْفَرٍ، مِثْلُكَ يَقُولُ هَذَا وَقَدْ حَرَّمَهَا عُمَرُ وَنَهَى عَنْهَا؟! فَقَالَ: وَإِنْ كَانَ فَعَلَ، قَالَ: إِنِّي أُعِيذُكَ بِاللَّهِ مِنْ ذَلِكَ أَنْ تُحِلَّ شَيْئًا حَرَّمَهُ عُمَرُ! فَقَالَ لَهُ: فَأَنْتَ عَلَى قَوْلِ صَاحِبِكَ وَأَنَا عَلَى قَوْلِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ، فَهَلُمَّ أُلَاعِنْكَ أَنَّ الْقَوْلَ مَا قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ وَأَنَّ الْبَاطِلَ مَا قَالَ صَاحِبُكَ! فَأَقْبَلَ عَبْدُ اللَّهِ بْنُ عُمَيْرٍ فَقَالَ: يَسُرُّكَ أَنَّ نِسَاءَكَ وَبَنَاتِكَ وَأَخَوَاتِكَ وَبَنَاتِ عَمِّكَ يَفْعَلْنَ؟! فَأَعْرَضَ عَنْهُ أَبُو جَعْفَرٍ عَلَيْهِ السَّلَامُ حِينَ ذَكَرَ نِسَاءَهُ وَبَنَاتِ عَمِّهِ»[26]; “Abdullah ibn Umayr al-Laythi came to Abu Ja‘far Muhammad ibn Ali ibn al-Husain (peace be upon them) and said to him: ‘What do you say about temporary marriage to women?’ So he said: ‘Allah has made it lawful in His Book and on the tongue of His Prophet (peace and blessings of Allah be upon him and his family). So it is lawful until the Day of Judgment.’ He said: ‘O Abu Ja‘far! Someone like you says this while Umar made it unlawful and prohibited it?!’ So he said: ‘(I say this) even if he did so!’ He said: ‘I seek refuge with Allah from you making lawful what Umar made unlawful!’ So he said to him: ‘Then you follow the view of your companion, and I follow the view of the Messenger of Allah (peace and blessings of Allah be upon him and his family). Let us invoke curses upon each other to confirm that what the Messenger of Allah (peace and blessings of Allah be upon him and his family) said is true, and what your companion said is false!’ Then Abdullah ibn Umayr approached him and said: ‘Would it please you that your women-folk, daughters, sisters, and cousins do that?!’ Then Abu Ja‘far (peace be upon him) turned away from him when he mentioned his women-folk, daughters, and cousins.” It is not hidden that the man’s words arise from ignorance and obstinacy; because Abu Ja‘far (peace be upon him) did not consider temporary marriage obligatory or recommended so that such a statement could be said to him. He only considered it permissible, and there are many permissible things that noble people do not desire out of purity, without making them unlawful!

Yes, some of those who have noticed this issue from the majority of Sunni scholars have claimed that the verse ﴿إِلَّا عَلَى أَزْوَاجِهِمْ[27]; “except with their wives,” and the verse of inheritance[28] have abrogated the permissibility of temporary marriage, with this statement that the first verse has forbidden 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. However, this statement is clearly a fallacy; because the permissibility of temporary marriage means the woman contracted in it is considered one of the wives, and the second verse does not invalidate her marriage, but rather it proves her entitlement to inheritance. This is clearer than to remain hidden from anyone except for those who are lost in fanaticism and istihsan, while fanaticism prevents knowing the truth, and istihsan has no basis in Islam; as Allah Almighty has said: ﴿فَعَسَى أَنْ تَكْرَهُوا شَيْئًا وَيَجْعَلَ اللَّهُ فِيهِ خَيْرًا كَثِيرًا[29]; “So perhaps you dislike something in which Allah has put much good.”

3. If a Muslim needs temporary marriage to avoid what is forbidden and needs the help of other Muslims to get married temporarily, then other Muslims must help him as much as they can; as Allah Almighty has said: ﴿وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى[30]; “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 Allah Almighty has mentioned them and said: ﴿وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَى وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ بِالْجَنْبِ وَابْنِ السَّبِيلِ[31]; “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 greater blessings for the individual and society. 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 getting married permanently, but rather it is a way by which Allah has lightened the burdens of those who cannot get married permanently and fear that they will fall into hardship; as He has said: ﴿يُرِيدُ اللَّهُ أَنْ يُخَفِّفَ عَنْكُمْ ۚ وَخُلِقَ الْإِنْسَانُ ضَعِيفًا[32]; “Allah wants to lighten your burdens, and the human being has been created weak.” Also, it has been narrated from Fath ibn Yazid that he said: «سَأَلْتُ أَبَا الْحَسَنِ يَعْنِي الرِّضَا عَلَيْهِ السَّلَامُ عَنِ الْمُتْعَةِ، فَقَالَ: هِيَ حَلَالٌ مُبَاحٌ مُطْلَقٌ لِمَنْ لَمْ يُغْنِهِ اللَّهُ بِالتَّزْوِيجِ، فَلْيَسْتَعْفِفْ بِالْمُتْعَةِ، فَإِنِ اسْتَغْنَى عَنْهَا بِالتَّزْوِيجِ فَهِيَ مُبَاحٌ لَهُ إِذَا غَابَ عَنْهَا»[33]; “I asked Abu al-Hasan, meaning al-Rida (peace be upon him), about temporary marriage. So he said: ‘It is unconditionally lawful and permissible for one whom Allah has not made free from the need for marriage, so he can maintain chastity with temporary marriage, but when he is free from such a need with marriage, then it is permissible in the absence of his wife,’” and from Muhammad ibn al-Hasan ibn Shammun that he said: «كَتَبَ أَبُو الْحَسَنِ عَلَيْهِ السَّلَامُ إِلَى بَعْضِ مَوَالِيهِ: لَا تُلِحُّوا عَلَى الْمُتْعَةِ، إِنَّمَا عَلَيْكُمْ إِقَامَةُ السُّنَّةِ، فَلَا تَشْتَغِلُوا بِهَا عَنْ فُرُشِكُمْ وَحَرَائِرِكُمْ، فَيَكْفُرْنَ وَيَتَبَرَّيْنَ وَيَدْعِينَ عَلَى الْآمِرِ بِذَلِكَ وَيَلْعَنُونَا»[34]; “Abu al-Hasan (peace be upon him) wrote to one of his followers: ‘Do not insist on temporary marriage. You are only required to maintain the Sunnah. So do not involve in it to ignore your wives so that they would deny, feel aversion, revile the one who commands it, and curse us.’”

5. Marriage of a virgin girl is permissible with the permission of her guardian, and there is no difference between permanent and temporary marriage in this regard. However, temporary marriage is detested due to the violation of modesty and chastity that are appropriate for a virgin girl; as it has been narrated from Ja‘far ibn Muhammad al-Sadiq (peace be upon them) that he said about temporary marriage: «إِنَّ أَمْرَهَا شَدِيدٌ، فَاتَّقُوا الْأَبْكَارَ»[35]; “Its matter is severe, so avoid virgin girls.” He also said about a man who marries a virgin girl temporarily: «يُكْرَهُ لِلْعَيْبِ عَلَى أَهْلِهَا»[36]; “It is detested because of disgrace to her family.”

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 Allah Almighty has said: ﴿وَالْمُوفُونَ بِعَهْدِهِمْ إِذَا عَاهَدُوا[37]; “And those who fulfill their promises when they make one,” and said: ﴿وَالَّذِينَ هُمْ لِأَمَانَاتِهِمْ وَعَهْدِهِمْ رَاعُونَ[38]; “And those who faithfully observe their trusts and promises,” and said: ﴿بَلَى مَنْ أَوْفَى بِعَهْدِهِ وَاتَّقَى فَإِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ[39]; “Yes, one who fulfills his promise and is pious, Allah loves the pious,”unless he is forced to do it by necessity to protect himself from committing what is forbidden, in which case Allah is the All-Forgiving, the Most Merciful.

7. Young people who may fall into what is forbidden if they do not get married must get married in any way possible, even by borrowing, and their family, relatives, neighbors, and friends must help them with it. If they do not find a way to get married permanently or temporarily, then they should fear Allah until He makes a way out for them; as He has said: ﴿وَلْيَسْتَعْفِفِ الَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّى يُغْنِيَهُمُ اللَّهُ مِنْ فَضْلِهِ[40]; “And those who do not find the means to get married should keep chaste until Allah makes them free from the need out of His grace,” and said: ﴿وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا ۝ وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ[41]; “And whoever fears Allah, He will make a way out for him, and provide for him from where he does not expect,” and their fear of Allah is obtained from patience and prayer; as He has said: ﴿يَا أَيُّهَا الَّذِينَ آمَنُوا اسْتَعِينُوا بِالصَّبْرِ وَالصَّلَاةِ ۚ إِنَّ اللَّهَ مَعَ الصَّابِرِينَ[42]; “O you who believed! Seek help through patience and prayer; because Allah is with the patient,”and one of the greatest examples of patience is to preserve fasting, which extinguishes the fire of lust and is considered one of the characteristics of the chaste; as Allah Almighty has said: ﴿وَالصَّائِمِينَ وَالصَّائِمَاتِ وَالْحَافِظِينَ فُرُوجَهُمْ وَالْحَافِظَاتِ[43]; “And men and women who fast, and men and women who guard their chastity.”At the same time, they must prepare the ground for the advent of the Mahdi; because all their problems, including the difficulty of marriage, stem from the non-advent of the Mahdi who implements the rulings of Allah and revives the Sunnah of the Prophet (peace and blessings of Allah be upon him and his family). Therefore, those who do not prepare the ground for the advent of the Mahdi are at fault that marriage is difficult for them, and they have no excuse for falling into what is forbidden 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. However, it is clearly not permissible to be extravagant with it or use it as a pretext for debauchery or wrongdoing against women, as it must not transgress the boundaries set by Allah and His Messenger, and Allah has full knowledge of everything.

↑[1] . «إحصان»; “the state of being married.”
↑[2] . Al-Ma’idah/ 1
↑[3] . An-Nisa/ 23
↑[4] . Al-Baqarah/ 221; An-Nisa/ 22
↑[5] . An-Nisa/ 24
↑[6] . See Tafsir al-Tabari, vol. 5, p. 18; Ma‘ani al-Quran by al-Nahas, vol. 2, p. 61; Tafsir al-Qurtubi, vol. 5, p. 130.
↑[7] . 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
↑[8] . Sahih of al-Bukhari, vol. 3, p. 84; Sahih of Muslim, vol. 4, p. 130
↑[9] . 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
↑[10] . 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
↑[11] . Musnad of Ahmad, vol. 3, p. 22
↑[12] . Sahih of al-Bukhari, vol. 6, p. 129; Sahih of Muslim, vol. 4, p. 130
↑[13] . Saying 54, passage 3
↑[14] . Al-Kafi by al-Kulayni, vol. 5, p. 467; Risalah al-Mut‘ah by al-Mufid, p. 15
↑[15] . Al-Kafi by al-Kulayni, vol. 5, p. 453
↑[16] . See al-Muhalla Bi al-Athar by ibn Hazm, vol. 9, p. 520.
↑[17] . Musannaf of Abd al-Razzaq, vol. 7, p. 496; al-Tamhid Lima Fi al-Muwatta’ Min al-Ma‘ani Wa al-Asanid by ibn Abd al-Barr, vol. 10, p. 115
↑[18] . Al-Baqarah/ 106
↑[19] . Saying 54, passage 1
↑[20] . For more information on this, refer to Return to Islam, p. 239.
↑[21] . Musnad of Ahmad, vol. 33, p. 83; Sahih of al-Bukhari, vol. 6, p. 27; Sahih of Muslim, vol. 2, p. 900; al-Sunan al-Kubra by al-Nasa’i, vol. 10, p. 29; Akhbar al-Qudat by Judge Waki‘, vol. 2, p. 124; Ahkam al-Quran by al-Tahawi, vol. 2, p. 271; Tafsir ibn Abi Hatim, vol. 1, p. 341; al-Mu‘jam al-Kabir by al-Tabarani, vol. 18, p. 135
↑[22] . Musannaf of Abd al-Razzaq, vol. 7, p. 500; Sahih of Muslim, vol. 2, p. 1023; Mustakhraj Abi Awanah, vol. 3, p. 33; al-Sunan al-Kubra by al-Bayhaqi, vol. 7, p. 388
↑[23] . Musannaf of Abd al-Razzaq, vol. 7, p. 500; Tafsir al-Tabari, Vol. 6, p. 588; al-Kafi by al-Kulayni, vol. 5, p. 448; Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 250
↑[24] . Musannaf of Abd al-Razzaq, vol. 7, p. 496; al-Nasikh Wa al-Mansukh by Qasim ibn Salam, p. 80; Tarikh al-Madinah by ibn Shabbah, vol. 2, p. 720; Tafsir ibn al-Mundhir, vol. 2, p. 642; al-Tamhid Lima Fi al-Muwatta’ Min al-Ma‘ani Wa al-Asanid by ibn Abd al-Barr, vol. 10, p. 114
↑[25] . Sunan of al-Tirmidhi, vol. 3, p. 176; Mustakhraj Abi Awanah, vol. 2, p. 343; Mu‘jam al-Shuyukh by ibn Jumay‘ al-Saydawi, p. 274; Baghiyah al-Talab Fi Tarikh Halab by ibn al-Adim, vol. 7, p. 532
↑[26] . Al-Nawadir by al-Ash‘ari al-Qomi, p. 86; al-Kafi by al-Kulayni, vol. 5, p. 449; Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 250
↑[27] . Al-Mu’minun/ 6
↑[28] . Al-Nisa/ 12
↑[29] . Al-Nisa/ 19
↑[30] . Al-Ma’idah/ 2
↑[31] . Al-Nisa/ 36
↑[32] . Al-Nisa/ 28
↑[33] . Al-Kafi by al-Kulayni, vol. 5, p. 452
↑[34] . Al-Kafi by al-Kulayni, vol. 5, p. 453
↑[35] . Al-Nawadir by al-Ash‘ari al-Qumi, p. 86
↑[36] . Al-Kafi by al-Kulayni, vol. 5, p. 452; Man La Yahduruh al-Faqih by ibn Babawayh, vol. 3, p. 461; Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 255
↑[37] . Al-Baqarah/ 177
↑[38] . Al-Mu’minun/ 8
↑[39] . Al Imran/ 76
↑[40] . An-Nur/ 33
↑[41] . At-Talaq/ 2-3
↑[42] . Al-Baqarah/ 153
↑[43] . 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 view of His Eminence Allamah on temporary marriage, does the verse that sets a limit on the number of wives, which is four, include that, or is there no defined limit for it?

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 Allah Almighty has explicitly 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. Therefore, if she is not one of the wives either, then she is inevitably from ﴿وَرَاءَ ذَلِكَ; “beyond that,” which is forbidden to seek based on the Book of Allah.

Yes, it may be said that a woman contracted in temporary marriage is considered one of the “wives”, but what comes to mind from the term “wives” in the Book of Allah 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. However, this statement is against the rule; because the diversion of mind to women contracted in permanent marriage when hearing the term “wives” is only due to the dominance of their existence or the confirmation of the description in them, and that is a primitive diversion and does not harm the generality of the term. Therefore, 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 Allah or a legitimate agreement between the spouses.

Based on this, a woman contracted in temporary marriage is undoubtedly one of the four wives; because Allah 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. 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 entered into marriage through a marriage contract. Therefore, it is not possible to join her with bondwomen even by citing the narrations from the Ahl al-Bayt that read: «هُنَّ بِمَنْزِلَةِ الْإِمَاءِ»[4]; “They are of the same status as bondwomen”; because they are ahad reports and contradict the principle and what is apparent, but rather they contradict the Book of Allah and conflict with the narrations from the Ahl al-Bayt that read: «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 view in agreement with precaution and held by Allamah Mansoor Hashemi Khorasani (may Allah 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, nor of the seventy!’ He said: ‘One whom the four do not suffice, seventy do not suffice 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 His Eminence Allamah Mansoor Hashemi Khorasani, may I be sacrificed for him.

Please answer the following questions:

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

2. How long is 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 note the following points:

1. A woman is not allowed to divorce her husband in temporary marriage before the agreed-upon term expires, except by mutual consent; because temporary marriage is a contract, and Allah Almighty has said: ﴿يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ[1]; “O you who believed! Fulfill the contracts.”

2. The spouses in temporary marriage divorce each other with the expiration of its term; because this is the requirement of it being temporary. However, does divorce occur in it? As for after the expiration of its term, no; because divorce means releasing the wife from the bond of marriage, while there is no marriage left after the expiration of its term so that it would be possible to release the wife from its bond. As for before the expiration of its term, yes; because releasing the wife from the bond of marriage is possible in this case if the husband gives up the remaining term for the wife with an explicit statement. Therefore, divorce occurs in temporary marriage before the expiration of its term; because its occurrence in it before the expiration of its term 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 does not differ from the wife in permanent marriage in terms of being a wife, as we have explained, and therefore, her divorce occurs whenever possible. Rather, it can be said, “The validity of a person’s marriage implies the validity of her divorce,” except in cases where her divorce is considered as achieving what is already achieved; such as li‘an between the spouses or the apostasy of one of them, which is religiously 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, and in the view of some individuals such as Sharif al-Murtada[2], this is sufficient evidence that divorce does not occur in it. However, in the view of Allamah Mansoor Hashemi Khorasani[3], consensus does not lead to knowledge; because it is based on incomplete induction, which leads to nothing but conjecture, ﴿وَإِنَّ الظَّنَّ لَا يُغْنِي مِنَ الْحَقِّ شَيْئًا[4]; “while conjecture is not sufficient for (proving) the truth,” and therefore, it cannot specify the generalities and absolute indications of the Quran and the Sunnah. In other words, temporary marriage is marriage, not fornication, and therefore, all the rulings of marriage apply to it, except for what is excluded by definite evidence, while there is no evidence to suggest that divorce does not occur in it, except for the alleged consensus on that, which is not definite as it is based on incomplete induction. Therefore, the correct view is that 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»[5]; “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.’”

Based on this, if a man wants to divorce his temporary wife before the expiration of the term, he must divorce her in a valid way, which is to divorce her while she is in a state of purity in which no sexual intercourse has occurred, with the presence of two just witnesses. If it were not for these boundaries and rulings, temporary marriage and fornication would be the same. In addition to the possibility of divorce in temporary marriage, khul‘ is also possible 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 her husband on the condition that he divorces her. Therefore, if the wife in temporary marriage dislikes her husband, she can persuade him to divorce her before the expiration of its term by spending wealth; as Allah 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[6]; “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 Allah. So if you fear that they will not keep within the limits of Allah, 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 Allah, so do not transgress them, and whoever transgresses the limits of Allah, they are indeed the wrongdoers.”

3. Iddah, meaning waiting period, of divorce in temporary marriage before the expiration of its term is the same as iddah for divorce in permanent marriage; because the verse that states ﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ[7]; “And divorced women must wait for three menstrual periods,” is general and includes both types of marriage, and iddah of divorce for a woman who does not menstruate in it is three months; because the verse that states ﴿وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ[8]; “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 types of marriage, and iddah of divorce for pregnant women in it is the delivery; because the verse that states ﴿وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ[9]; “As for the pregnant women, their waiting period is until they deliver their burden,”is general and includes both types of marriage, and iddah of divorce for a woman whose husband has died in it is four months and ten days; because the verse that states ﴿وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا[10]; “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 types of marriage. However, iddah of separation in it with the expiration of its term is a matter of consideration. 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 so that the wife would fall under the statement of Allah Almighty about iddah of divorce, while even though she does not fall under it, she is not a bondwoman either so that she would fall under the ruling of bondwomen, and comparing her with a bondwoman is a false analogy. Therefore, there is no religious reason to consider defined iddah for her; because Allah Almighty has only determined iddah of divorce and iddah of death and has not determined iddah of separation with the expiration of the term. Yes, He has forbidden resembling sinners, where He has said: ﴿وَلَا تَكُونُوا كَالَّذِينَ نَسُوا اللَّهَ فَأَنْسَاهُمْ أَنْفُسَهُمْ ۚ أُولَئِكَ هُمُ الْفَاسِقُونَ[11]; “And do not be like those who forgot Allah, so He made them forget themselves. They are the sinners,” and there is no doubt that a woman’s not observing iddah of separation with the expiration of the term makes her similar to an adulteress, who is among the sinners. In addition, the intellect indicates the necessity of establishing that there is no pregnancy, in a way that is considered valid according to Sharia, which is menstruation. Therefore, iddah of separation with the expiration of the term is one menstrual period so that through it, the separation differs from the act of an adulteress, and religious knowledge of non-pregnancy is obtained. However, it is more prudent to observe two menstrual periods to be further away from resembling an adulteress; 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»[12]; “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 does not resemble an adulteress.’”

↑[1] . Al-Ma’idah/ 1
↑[2] . Al-Intisar by Sharif al-Murtada, p. 276
↑[4] . An-Najm/ 28
↑[5] . Saying 54, passage 7
↑[6] . Al-Baqarah/ 229
↑[7] . Al-Baqarah/ 228
↑[8] . At-Talaq/ 4
↑[9] . At-Talaq/ 4
↑[10] . Al-Baqarah/ 234
↑[11] . Al-Hashr/ 19
↑[12] . 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 Allah (peace and blessings of Allah be upon him and his family) that he said: «إِنَّ اللَّهَ لَا يُحِبُّ الذَّوَّاقِينَ وَلَا الذَّوَّاقَاتِ»[4]; “Allah 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 Allah 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 Allah 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.”

↑[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
Sub-Question 4
Author: Sareh

Is it permissible for a virgin girl to get married temporarily without the knowledge of her guardian in order to avoid falling into what is forbidden, provided that there is no penetration?

Answer to
Sub-Question 4
Date: 2023 April 9

We have previously explained that it is not permissible for a virgin girl to get married without the permission of her father, whether the marriage is permanent or temporary; as it has been narrated from the Ahl al-Bayt (peace be upon them) that they said: «لَا تَزَوَّجُ ذَوَاتُ الْآبَاءِ مِنَ الْأَبْكَارِ إِلَّا بِإِذْنِ آبَائِهِنَّ»[1]; “Virgin women who have their fathers should not get married except with the permission of their fathers,” and said: «الْجَارِيَةُ الْبِكْرُ الَّتِي لَهَا أَبٌ لَا تَتَزَوَّجُ إِلَّا بِإِذْنِ أَبِيهَا»[2]; “A virgin girl who has a father should not get married except with the permission of her father.” The need for his permission is even greater in the case of temporary marriage; because the possibility of fraud in it is more likely and greater; as it has been narrated from the Ahl al-Bayt (peace be upon them) that they said: «يُكْرَهُ أَنْ يَتَزَوَّجُ الرَّجُلُ الْبِكْرَ مُتْعَةً، لِلْعَيْبِ عَلَى أَهْلِهَا»[3]; “It is detested that a man marries a virgin temporarily; because it is a disgrace to her family,” and said: «الْبِكْرُ لَا تَتَزَوَّجُ مُتْعَةً إِلَّا بِإِذْنِ أَبِيهَا»[4]; “A virgin girl should not get married temporarily except with the permission of her father,” and said: «الْعَذْرَاءُ الَّتِي لَهَا أَبٌ لَا تَتَزَوَّجُ مُتْعَةً إِلَّا بِإِذْنِ أَبِيهَا»[5]; “A virgin girl who has a father should not get married temporarily except with the permission of her father.” This ruling holds true even on condition that there is no penetration; because such a condition does not protect her against fraud, but rather it could be a form of fraud in itself considering the imbalance of enjoyment between her and the man; like that the man satisfies his need through her however he wants, without satisfying her need, and this is the selfsame deception. As for what has been narrated from the Ahl al-Bayt (peace be upon them) saying: «لَا بَأْسَ بِأَنْ يَتَمَتَّعَ بِالْبِكْرِ مَا لَمْ يُفْضِ إِلَيْهَا»[6]; “There is nothing wrong with a man marrying a virgin girl temporarily as long as he does not go to bed with her,” its intended meaning is that it is not detested to do so with the permission of the father; like that they would say it is forbidden to marry a virgin girl temporarily without the permission of her father and that it is detested to do so with the permission of her father. This is indicated by what Abd al-Malik ibn Amr has narrated; he said: «سَأَلْتُ أَبَا عَبْدِ اللَّهِ -يَعْنِي جَعْفَرَ بْنَ مُحَمَّدٍ الصَّادِقَ- عَلَيْهِ السَّلَامُ عَنِ الْمُتْعَةِ، فَقَالَ: إِنَّ أَمْرَهَا شَدِيدٌ، فَاتَّقُوا الْأَبْكَارَ»[7]; “I asked Abu Abdullah -meaning Ja‘far ibn Muhammad al-Sadiq- (peace be upon him) about temporary marriage. So he said: ‘Its matter is severe, so avoid virgin girls,’” and by what Abu Bakr al-Hadrami has narrated; he said: «قَالَ أَبُو عَبْدِ اللَّهِ عَلَيْهِ السَّلَامُ: يَا أَبَا بَكْرٍ، إِيَّاكُمْ وَالْأَبْكَارَ أَنْ تُزَوِّجُوهُنَّ مُتْعَةً»[8]; “Abu Abdullah (peace be upon him) said: ‘O Abu Bakr! Beware of marrying virgin girls temporarily,’” and by what Muhallab al-Dallal has narrated from Abu al-Hasan -meaning Ali ibn Musa al-Rida- (peace be upon him) that he said: «لَا يَكُونُ تَزْوِيجُ مُتْعَةٍ بِبِكْرٍ»[9]; “There should be no temporary marriage to a virgin girl,” unless the man does not go to bed with her. Therefore, if he does not go to bed with her, it is not detested with the permission of her father; because they have said: «لَا بَأْسَ بِأَنْ يَتَمَتَّعَ بِالْبِكْرِ مَا لَمْ يُفْضِ إِلَيْهَا»; “There is nothing wrong with a man marrying a virgin temporarily as long as he does not go to bed with her,” and because they have stated its permissibility with the permission of the father. This is also the view of His Eminence Allamah Mansoor Hashemi Khorasani (may Allah protect him); as one of our companions informed us, he said:

«سَأَلْتُ الْمَنْصُورَ عَنْ نِكَاحِ الْبِكْرِ مُتْعَةً، فَقَالَ: إِنْ كَانَ لَهَا أَبٌ مُؤْمِنٌ فَرَضِيَ فَلَا بَأْسَ، قُلْتُ: فَكَيْفَ إِذَا كَانَ لَهَا أَبٌ فَاسِقٌ؟ قَالَ: لَيْسَ لِلدَّيُّوثِ إِذْنٌ -يَعْنِي مَنْ يَأْذَنُ عَلَى مَالٍ- قُلْتُ: إِنَّهُمْ يَقُولُونَ لَا بَأْسَ بِنِكَاحِهَا مُتْعَةً بِغَيْرِ إِذْنِ أَبِيهَا، فَأَعْظَمَ ذَلَكَ، وَقَالَ: كَيْفَ يَجُوزُ ذَلِكَ؟! وَهُوَ غُرُورٌ ظَاهِرٌ، وَإِخْرَاجٌ لَهَا عَنْ سِتْرِهَا، قُلْتُ: وَإِنْ شَرَطَ أَنْ لَا يُوَاقِعَهَا فِي فَرْجِهَا؟ قَالَ: أَنَّى لَهُ ذَلِكَ إِذَا جَلَسَ بَيْنَ رِجْلَيْهَا وَهُوَ شَبِقٌ؟! ثُمَّ قَالَ: كُفُّوا عَنْ بَنَاتِ النَّاسِ، وَلَا تُفْسِدُوهُنَّ عَلَى أَهْلِهِنَّ، أَلَيْسَ لَكُمْ فِي الثَّيِّبَاتِ كِفَايَةٌ؟!»; “I asked Mansoor about temporary marriage to a virgin girl. So he said: ‘If she has a believing father who agrees, then there is nothing wrong (with it).’ I said: ‘What if she has a sinful father?’ He said: ‘A dayyuth has no authority,’ meaning one who allows it for money. I said: ‘They say there is nothing wrong with marrying her temporarily without the permission of her father.’ So he considered it great and said: ‘How can that be permissible?! It is obvious deception and a violation of her privacy.’ I said: ‘What if (the man) stipulates that he will not have sexual intercourse with her through her private parts?’ He said: ‘How can he guarantee that when he sits between her legs while he is lustful?!’ Then he said: ‘Stay away from the daughters of people and do not spoil them for their families. Are previously married women not sufficient for you?!’”

As for what has been narrated from Abu Sa‘id al-Qammaṭ, from the one who narrated it and said: «قُلْتُ لِأَبِي عَبْدِ اللَّهِ عَلَيْهِ السَّلَامُ: جَارِيَةٌ بِكْرٌ بَيْنَ أَبَوَيْهَا تَدْعُونِي إِلَى نَفْسِهَا سِرًّا مِنْ أَبَوَيْهَا، أَفَأَفْعَلُ ذَلِكَ؟ قَالَ: نَعَمْ، وَاتَّقِ مَوْضِعَ الْفَرْجِ»[10]; “I said to Abu Abdullah (peace be upon him): ‘There is a virgin girl who lives with her parents. She calls me to be with her without her parents’ knowledge. Should I do that?’ He said: ‘Yes, but beware of the private parts,’” as well as what has been narrated from Abu Sa‘id, from al-Halabi who said: «سَأَلْتُهُ عَنِ التَّمَتُّعِ مِنَ الْبِكْرِ إِذَا كَانَتْ بَيْنَ أَبَوَيْهَا بِلَا إِذْنِ أَبَوَيْهَا، قَالَ: لَا بَأْسَ مَا لَمْ يَفْتَضَّ مَا هُنَاكَ لِتَعُفَّ بِذَلِكَ»[11]; “I asked him about enjoying a virgin girl who lives with her parents, without their permission. He said: ‘There is nothing wrong with it as long as he does not deflower her through her private parts so that she preserves her chastity,’” they are odd reports narrated by only Musa ibn Umar ibn Yazid, who is unknown. Therefore, no proof is established by them, and the numerous authentic reports mentioned previously shall not be ignored because of them.

As a result, it is not permissible for a virgin girl to engage in temporary marriage without the permission of her father if he is not like a dayyuth who allows it for money; because if he is like that, he does not pay attention to her interests. As for not falling into what is forbidden, it is sufficient for her to avoid non-mahram men; because it is impossible for her to not fall into it if she has a lover whom she dates and associates with. If she does not do so, she has fallen into what is forbidden; like one whom Allah Almighty has mentioned in His Book, where He has said: ﴿وَمِنْهُمْ مَنْ يَقُولُ ائْذَنْ لِي وَلَا تَفْتِنِّي ۚ أَلَا فِي الْفِتْنَةِ سَقَطُوا ۗ وَإِنَّ جَهَنَّمَ لَمُحِيطَةٌ بِالْكَافِرِينَ[12]; “And among them is one who says: ‘Give me permission and do not draw me into trial!’ Be aware that they have already fallen into trial, and indeed, Hell surrounds disbelievers.” Therefore, it has been narrated from the Messenger of Allah (peace and blessings of Allah be upon him and his family) that he said: «لَا يَخْلُوَنَّ رَجُلٌ بِامْرَأَةٍ إِلَّا كَانَ ثَالِثَهُمَا الشَّيْطَانُ»[13]; “No man is alone with a woman except that the third one with them is Satan,” and said: «الْعَيْنَانِ تَزْنِيَانِ، وَالْيَدَانِ تَزْنِيَانِ، وَالرِّجْلَانِ تَزْنِيَانِ، وَاللِّسَانُ يَزْنِي، وَالْفَرْجُ يُصَدِّقُ ذَلِكَ أَوْ يُكَذِّبُهُ»[14]; “The eyes commit fornication, the hands commit fornication, the feet commit fornication, the tongue commits fornication, and the private parts confirm it or deny it.”

↑[1] . Al-Kafi by al-Kulayni, vol. 5, p. 393; Man La Yahduruh al-Faqih by ibn Babawayh, vol. 3, p. 395; Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 379
↑[2] . Al-Kafi by al-Kulayni, vol. 5, p. 392
↑[3] . Al-Kafi by al-Kulayni, vol. 5, p. 462; Man La Yahduruh al-Faqih by ibn Babawayh, vol. 3, p. 461; Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 255
↑[4] . Qurb al-Isnad by al-Himyari, p. 362
↑[5] . Man La Yahduruh al-Faqih by ibn Babawayh, vol. 3, p. 461; Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 255
↑[6] . Al-Kafi by al-Kulayni, vol. 5, p. 462; Risalah al-Mut‘ah by al-Mufid, p. 10
↑[7] . Al-Nawadir by Ahmad ibn Muhammad ibn Isa al-Ash‘ari, p. 86
↑[8] . Al-Nawadir by Ahmad ibn Muhammad ibn Isa al-Ash‘ari, p. 84
↑[9] . Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 255
↑[10] . Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 254
↑[11] . Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 254
↑[12] . At-Tawbah/ 49
↑[13] . Musnad of Abdullah ibn Mubarak, p. 148; Musnad of al-Shafi‘i, p. 244; Musnad of Abi Dawud al-Tayalisi, vol. 1, p. 35; Musnad of Ahmad, vol. 1, p. 269; Sunan of al-Tirmidhi, vol. 3, p. 465; Musnad of al-Bazzar, vol. 1, p. 271; al-Sunan al-Kubra by al-Nasa’i, vol. 8, p. 284; Musnad of Abi Ya‘la, vol. 1, p. 131; Musnad of al-Ruyani, vol. 2, p. 363; Sahih of ibn Hibban, vol. 3, p. 95; Da‘a’im al-Islam by ibn Hayyun, vol. 2, p. 214; al-Mustadrak Ala al-Sahihain by al-Hakim, vol. 1, p. 197
↑[14] . Hadith Ali ibn Hajar An Isma‘il ibn Ja‘far, p. 325; Musnad of ibn Abi Shaybah, vol. 1, p. 255; Musnad of Ishaq ibn Rahwayh, vol. 1, p. 116; Musnad of Ahmad, Vol. 14, p. 438; Sahih of al-Bukhari, vol. 8, p. 54; Sahih of Muslim, vol. 8, p. 52; Sunan of Abi Dawud, vol. 2, p. 246; Musnad of al-Bazzar, vol. 15, p. 346; al-Sunan al-Kubra by al-Nasa’i, vol. 10, p. 278
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