Is the guardian’s knowledge and permission required for marriage? Is there a difference between a virgin, a divorcee, and a widow? Or between a permanent marriage and a temporary marriage?
Question & Answer
A virgin may only marry with the permission of her guardian, whether the marriage is permanent or temporary. This is because she is generally prone to oversight and personal whims, and may be quickly and easily deceived. Therefore, it is obligatory for her not to act unilaterally in marriage, but rather to seek the permission of the person who is most sincere in advising her and most discerning about men—namely, her father. If she marries without her father’s permission, she has wronged herself and exposed herself to detriment and disappointment—an evident harm that reasonable minds cannot condone. Therefore, a prohibition against it is found in many narrations; as it has been narrated from the Ahl al-Bayt 
that they said: «لَا تَزَوَّجُ ذَوَاتُ الْآبَاءِ مِنَ الْأَبْكَارِ إِلَّا بِإِذْنِ آبَائِهِنَّ»[1]; “Virgins who have fathers shall not marry except with the permission of their fathers,” and they said: «الْجَارِيَةُ الْبِكْرُ الَّتِي لَهَا أَبٌ لَا تَتَزَوَّجُ إِلَّا بِإِذْنِ أَبِيهَا»[2]; “A virgin girl who has a father shall not marry except with the permission of her father,” and they said: «لَيْسَ لَهَا مَعَ أَبِيهَا أَمْرٌ مَا لَمْ تُثَيِّبْ»[3]; “She has no authority (in marriage decisions) independent of her father as long as she is a virgin.” These rulings are general in scope, and regarding temporary marriage specifically, they said: «الْبِكْرُ لَا تَتَزَوَّجُ مُتْعَةً إِلَّا بِإِذْنِ أَبِيهَا»[4]; “A virgin shall not enter into a temporary marriage except with the permission of her father,” and they said: «الْعَذْرَاءُ الَّتِي لَهَا أَبٌ لَا تَتَزَوَّجُ مُتْعَةً إِلَّا بِإِذْنِ أَبِيهَا»[5]; “A virgin who has a father shall not enter into a temporary marriage except with the permission of her father.” Perhaps this may be supported by the statement of Allah Almighty: ﴿قَالَ إِنِّي أُرِيدُ أَنْ أُنْكِحَكَ إِحْدَى ابْنَتَيَّ هَاتَيْنِ عَلَى أَنْ تَأْجُرَنِي ثَمَانِيَ حِجَجٍ﴾[6]; “He said: ‘Indeed, I wish to marry you to one of these two daughters of mine, on the condition that you serve me for eight years’”—because its apparent meaning establishes the father’s guardianship over his virgin daughter with regard to marriage. And in light of this, the statement narrated from the Prophet 
is also interpreted, where he said: «لَا نِكَاحَ إِلَّا بِوَلِيٍّ»[7]; “There is no marriage except with a guardian.” The majority of scholars have taken this statement in its absolute generality, issuing fatwas that a guardian is required for every marriage, whether the woman is a virgin or previously married. The truth, however, is that it is recommended for a previously married woman, but not obligatory, as can be understood from the statement of Allah Almighty: ﴿فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ﴾[8]; “If he divorces her, she is not lawful for him thereafter until she marries a husband other than him,” where the marriage is directly attributed to the divorced woman herself; and from His statement: ﴿وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُمْ بِالْمَعْرُوفِ﴾[9]; “When you divorce women and they reach the end of their waiting period, do not prevent them from marrying their husbands if they agree among themselves in an acceptable manner,” which is apparent in negating guardianship over a divorced woman; and from His statement: ﴿وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا ۖ فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلَا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنْفُسِهِنَّ بِالْمَعْرُوفِ﴾[10]; “Those of you who die and leave wives behind—they shall wait concerning themselves for four months and ten days. Then, when they have reached the end of their waiting period, there is no blame upon you for what they do concerning themselves in an acceptable manner,” in which the matter is entrusted to the widow. It has also been narrated from the Prophet that he said: «الْأَيِّمُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا وَالْبِكْرُ تَسْتَأْذِنُ»[11]; “The ayyim has a greater right over herself than her guardian, whereas the virgin seeks permission”—the term “ayyim” referring to a previously married woman who has no husband—and in another narration: «لَيْسَ لِلْوَلِيِّ مَعَ الثَّيِّبِ أَمْرٌ»[12]; “The guardian has no authority over the previously married woman.”
Yes, the marriage of a virgin without her father’s permission is not invalid if she is sane, adult, and of sound judgment. This is because whoever is sane, adult, and of sound judgment has legal authority over themselves and their wealth; that is, their actions concerning both are legally effective, whether to their benefit or detriment, regardless of the prescriptive ruling, and marriage is not excluded from this rule. Accordingly, the marriage of a virgin without her father’s permission is unlawful (haram) but valid, because its unlawfulness does not stem from a defect in the essence of the marriage contract, but rather from a defect in its outcome—namely, exposure to detriment and disappointment. There is no doubt that a marriage is not rendered invalid by the occurrence of such outcomes; therefore, it is not rendered invalid merely by exposure to them. This is supported by what has been narrated from Ali 
, who said to a man who had married a woman without a guardian: «النِّكَاحُ جَائِزٌ صَحِيحٌ، إِنَّمَا جُعِلَ الْوَلِيُّ لِيُثْبِتَ الصَّدَاقَ»[13]; “The marriage is permissible and valid. The guardian was designated only to establish the dower,” and from Abu Ja‘far , who said: «الْمَرْأَةُ الَّتِي قَدْ مَلَكَتْ نَفْسَهَا غَيْرَ السَّفِيهَةِ وَلَا الْمُوَلَّى عَلَيْهَا إِنَّ تَزْوِيجَهَا بِغَيْرِ وَلِيٍّ جَائِزٌ»[14]; “A woman who has authority over herself, who is not incompetent and is not under guardianship—her marriage without a guardian is permissible,” and in another narration: «إِذَا كَانَتِ الْمَرْأَةُ مَالِكَةً أَمْرَهَا تَبِيعُ وَتَشْتَرِي وَتُعْتِقُ وَتَشْهَدُ وَتُعْطِي مِنْ مَالِهَا مَا شَاءَتْ، فَإِنَّ أَمْرَهَا جَائِزٌ تَزَوَّجُ إِنْ شَاءَتْ بِغَيْرِ إِذْنِ وَلِيِّهَا وَإِنْ لَمْ تَكُنْ كَذَلِكَ فَلَا يَجُوزُ تَزْوِيجُهَا إِلَّا بِأَمْرِ وَلِيِّهَا»[15]; “When a woman has authority over her own affairs—buying and selling, freeing slaves, bearing witness, and giving from her wealth whatever she wishes—then her affairs are permissible: she may marry whomever she wishes without the permission of her guardian. But if she is not like that, her marriage is not permissible except by the authority of her guardian,” and from Ja‘far ibn Muhammad , who said: «تَزَوَّجُ الْمَرْأَةُ مَنْ شَاءَتْ إِذَا كَانَتْ مَالِكَةً لِأَمْرِهَا، فَإِنْ شَاءَتْ جَعَلَتْ وَلِيًّا»[16]; “A woman may marry whomever she wishes if she has authority over her own affairs. If she wishes, she may appoint a guardian”—and what is meant by the permissibility of the marriage is its validity. Yes, if she marries someone who is not a suitable match for her, her father may annul the marriage, because this reveals her imprudence; as one of our companions informed us, saying:
«قُلْتُ لِلْمَنْصُورِ: هَلْ يَحِلُّ لِلْعَذْرَاءِ أَنْ تَتَزَوَّجَ بِغَيْرِ إِذْنِ أَبِيهَا؟ قَالَ: لَا وَلَا كَرَامَةَ، قُلْتُ: وَإِنْ كَانَتْ رَشِيدَةً؟ قَالَ: وَإِنْ كَانَتْ رَشِيدَةً، قُلْتُ: فَإِنْ تَزَوَّجَتْ بِغَيْرِ إِذْنِ أَبِيهَا فَتَرَى أَنَّ زَوَاجَهَا بَاطِلٌ؟ قَالَ: لَا، إِلَّا أَنْ تَزَوَّجَتْ بِغَيْرِ كُفْوٍ وَجَاءَ أَبُوهَا يُخَاصِمُهَا، فَلَهُ أَنْ يَنْقُضَ النِّكَاحَ»[17]; “I said to Mansoor: ‘Is it lawful for a virgin to marry without her father’s permission?’ He said: ‘No, and there is no honor in that.’ I said: ‘Even if she is of sound judgment?’ He said: ‘Even if she is of sound judgment.’ I said: ‘So if she marries without her father’s permission, do you consider her marriage invalid?’ He said: ‘No, unless she marries someone who is not a suitable match for her and her father comes and disputes with her; then he can annul the marriage.’”
This is the view of Abu Hanifah and his two companions, Abu Yusuf and Muhammad, and it is also the apparent view of al-Sha‘bi, al-Zuhri, al-Qasim ibn Muhammad, and ibn Sirin; as they said: “If he is a suitable match, the marriage is permissible,”[18] and they said: “If the guardians approve it, then it is permissible.”[19] Perhaps this is also what ibn al-Junayd, al-Mufid, al-Murtada, and Salar meant when they considered marriage without a guardian permissible, as did Abu Ja‘far al-Tusi, who said in al-Nihayah: “An adult virgin may not enter into a marriage contract for herself except with her father’s permission. If she enters into a marriage contract for herself without her father’s permission, the contract remains contingent upon the father’s approval. If he ratifies it, it takes effect; but if he does not ratify it and annuls it, it is annulled.”[20] On this basis, the narrations from the Ahl al-Bayt are interpreted; such as their statement: «لَا بَأْسَ بِتَزْوِيجِ الْبِكْرِ إِذَا رَضِيَتْ مِنْ غَيْرِ إِذْنِ أَبِيهَا»[21]; “There is nothing wrong with the marriage of a virgin if she consents, without her father’s permission,” and their statement: «لَا يَنْقُضُ النِّكَاحَ إِلَّا الْأَبُ»[22]; “No one can annul the marriage except the father”—in order to reconcile these reports with their previously mentioned prohibition. It has also been narrated from Bahriyyah, daughter of Hani’ ibn Qabisah, who said: «زَوَّجْتُ نَفْسِي الْقَعْقَاعَ بْنَ شَوْرٍ وَبَاتَ عِنْدِي لَيْلَةً وَجَاءَ أَبِي مِنَ الْأَعْرَابِ فَاسْتَعْدَى عَلِيًّا وَجَاءَتْ رُسُلُهُ فَانْطَلَقُوا بِهِ إِلَيْهِ، فَقَالَ: أَدَخَلْتَ بِهَا؟ قَالَ: نَعَمْ، فَأَجَازَ النِّكَاحَ»[23]; “I married myself to al-Qa‘qa‘ ibn Shawr, and he spent a night with me. Then my father came from the desert and sought Ali’s intervention against him. Ali’s messengers came and took him to him. Ali asked: ‘Did you consummate the marriage with her?’ He said: ‘Yes.’ So he approved the marriage.” In another narration: «كَانَ عَلِيٌّ إِذَا رُفِعَ إِلَيْهِ رَجُلٌ تَزَوَّجَ امْرَأَةً بِغَيْرِ وَلِيٍّ فَدَخَلَ بِهَا أَمْضَاهُ»[24]; “Whenever a man who had married a woman without a guardian and consummated the marriage with her was brought before Ali, he would ratify the marriage.” This, if authentic, indicates that the father cannot annul the marriage after its consummation.
*For more information, look at the appendices.
↑[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] . Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 381
↑[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-Qasas/ 27
↑[7] . Musnad of Ahmad, vol. 4, p. 394; Musnad of al-Darimi, vol. 2, p. 137; Sunan of ibn Majah, vol. 1, p. 605; Sunan of Abi Dawud, vol. 1, p. 463; Sunan of al-Tirmidhi, vol. 2, p. 280; Sunan of al-Daraqutni, vol. 3, p. 154
↑[8] . Al-Baqarah/ 230
↑[9] . Al-Baqarah/ 232
↑[10] . Al-Baqarah/ 234
↑[11] . Muwatta’ Malik, vol. 2, p. 524; Musnad of Ahmad, vol. 1, p. 242; Musnad of al-Darimi, vol. 2, p. 138; Sahih of Muslim, vol. 4, p. 141; Sunan of Abi Dawud, vol. 1, p. 465; Sunan of al-Tirmidhi, vol. 2, p. 287; Sunan of al-Nasa’i, vol. 6, p. 84; al-Sunan al-Kubra by al-Bayhaqi, vol. 7, p. 115
↑[12] . Musannaf of Abd al-Razzaq, vol. 6, p. 145; Sunan of Abi Dawud, vol. 1, p. 466; Sunan of al-Nasa’i, vol. 6, p. 85; Sahih of ibn Hibban, vol. 9, p. 399; Sunan of al-Daraqutni, vol. 3, p. 167; al-Sunan al-Kubra by al-Bayhaqi, vol. 7, p. 118
↑[13] . Al-Ja‘fariyyat by ibn al-Ash‘ath, vol. 1, p. 260
↑[14] . Al-Kafi by al-Kulayni, vol. 5, p. 391; Man La Yahduruh al-Faqih by ibn Babawayh, vol. 3, p. 397; Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 377
↑[15] . Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 378
↑[16] . Al-Kafi by al-Kulayni, vol. 5, p. 392
↑[18] . Musannaf of Abd al-Razzaq, vol. 6, p. 197; Musannaf of ibn Abi Shaybah, vol. 3, p. 275
↑[19] . Musannaf of ibn Abi Shaybah, vol. 3, p. 274
↑[20] . Al-Nihayah by al-Tusi, p. 465
↑[21] . Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 380
↑[22] . Al-Kafi by al-Kulayni, vol. 5, p. 392; Tahdhib al-Ahkam by al-Tusi, vol. 7, p. 379
↑[23] . Musannaf of ibn Abi Shaybah, vol. 3, p. 275; Sunan of al-Daraqutni, vol. 3, p. 223; al-Sunan al-Kubra by al-Bayhaqi, vol. 7, p. 112
↑[24] . Musannaf of Abd al-Razzaq, vol. 6, p. 196; Musannaf of ibn Abi Shaybah, vol. 3, p. 276
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Appendices
Sub-Questions & Answers
I want to seek the help of my master, Mansoor, regarding my situation. I am a woman who wishes to marry a man who believes in him and believes in the Mahdi, and who calls for reform among people and for preparing the ground for the Mahdi’s advent alongside the other helpers of Mansoor among the righteous brothers. However, my father objects to the matter. He does not understand the discourse we speak of, and does not give his permission for the marriage. I would like your guidance regarding this problem. Should we wait until the Mahdi’s advent to marry, or continue trying to reach an understanding with my father, or do something else?
It is obligatory for a virgin to seek her father’s permission to marry, as we have explained in the answer above, and it is obligatory for her father to give his permission if the man she wishes to marry is a suitable match for her. It is not for him to prevent her unless the man is a disbeliever in Allah and His Messenger, an enemy of His caliph on earth, a follower of a tyrannical imam, one who abandons prayer, a drinker of wine, an addict to drugs, a swindler who devours people’s wealth wrongfully, insolvent, or afflicted with an illness that is feared to be fatal. If the father refuses to give his permission while the man is free of these serious defects and the adult virgin who is rational and of sound judgment wishes to marry him, his permission is no longer required under Sharia—because he is a wrongdoer, and there is no guardianship for a wrongdoer; as one of our companions informed us, saying:
«سَأَلْتُ الْمَنْصُورَ عَنِ الْمُؤْمِنَةِ لَهَا أَبٌ فَاجِرٌ أَوْ نَاصِبِيٌّ يَمْنَعُهَا مِنْ نِكَاحِ مُؤْمِنٍ تُحِبُّهُ، وَلَا يَفْعَلُ ذَلِكَ إِلَّا لِأَنَّهُ مُؤْمِنٌ، فَقَالَ: تَنْكَحُهُ وَإِنْ رَغَمَ أَنْفُ أَبِيهَا! قُلْتُ: إِنَّهَا بِكْرٌ فَتَخْشَى أَنْ تَكُونَ عَلَيْهَا مَعَرَّةٌ، قَالَ: أَبُوهَا ظَالِمٌ، وَلَا وِلَايَةَ لِظَالِمٍ، أَلَمْ تَسْمَعْ قَوْلَ اللَّهِ تَعَالَى: ﴿وَقَدْ خَابَ مَنْ حَمَلَ ظُلْمًا﴾[1]؟! فَهَلْ يَخِيبُ إِلَّا إِذَا لَمْ يَنَلْ مَا طَلَبَ؟! ثُمَّ قَالَ: إِنِ امْتَنَعَتْ مِنْ نِكَاحِ الْمُؤْمِنِ طَاعَةً لِأَبِيهَا فَقَدْ عَصَتْ رَبَّهَا، لِأَنَّهُ قَدْ نَهَى عَنْ طَاعَةِ كُلِّ ﴿مَنَّاعٍ لِلْخَيْرِ مُعْتَدٍ أَثِيمٍ﴾[2] كَائِنًا مَنْ كَانَ.»[3]; “I asked Mansoor about a believing woman whose father is a wicked man or a nasibi who prevents her from marrying a believing man whom she loves, and does so only because he is a believer. So he said: ‘She marries him, even if her father’s nose is rubbed in the dust!’ I said: ‘She is a virgin, and therefore fears that there will be a sin upon her.’ He said: ‘Her father is a wrongdoer, and there is no guardianship for a wrongdoer. Has she not heard the statement of Allah Almighty, where He has said: “And he failed who took up wrongdoing”? Does he fail except when he does not attain what he wants?’ Then he said: ‘If she refrains from marrying the believer in obedience to her father, she has disobeyed her Lord—because Allah Almighty has forbidden obedience to anyone “who is a preventer of good and a sinful transgressor,” whoever he may be.’”
That said, it is not obligatory for a virgin to tell her father about the man’s belief if she knows that he is a wicked man or a nasibi, unless he asks her about it explicitly. If he does ask her about it explicitly, she must tell him if she is able to marry without her father’s permission—because his withholding permission does not harm her. However, if she is unable to marry without her father’s permission because of his control over her or because of the obstruction of the oppressive government, she may refrain from telling him, and she should avoid lying as much as possible, even if by resorting to tawriyah—that is, answering in an ambiguous manner. For example, if her father asks her whether the man believes in preparing the ground for the Mahdi’s advent, she may say: “He is a rational man; would a rational man believe in something for which there is no evidence?!” The father understands from this that the man does not believe in preparing the ground for the Mahdi’s advent, even though he does believe in it—because there is evidence for it from the intellect and Sharia; or she may say: “He is a man occupied with his work and pays no attention to anything other than his work.” The father understands from this that the man is occupied with earning money and pays no attention to preparing the ground for the Mahdi’s advent, even though what is meant by his “work” is preparing the ground for the Mahdi’s advent; or she may say something else that has two meanings: a near meaning that is not intended, and a remote meaning that is intended. This is like the statement of Ibrahim to his people: ﴿إِنِّي سَقِيمٌ﴾[4]; “Indeed, I am sick,” the statement of Yusuf to his brothers: ﴿أَيَّتُهَا الْعِيرُ إِنَّكُمْ لَسَارِقُونَ﴾[5]; “O caravan! Indeed, you are thieves,” and the statement of Sulayman to the Queen of Sheba: ﴿أَهَكَذَا عَرْشُكِ﴾[6]; “Is your throne like this?”
The website for the office of Mansoor Hashemi Khorasani
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Is it permissible for a virgin girl to enter into a temporary marriage without the knowledge of her guardian, in order to avoid falling into what is unlawful, provided that there is no consummation?
We have explained previously that a virgin may not marry without her father’s permission, whether the marriage is permanent or temporary; as it has been narrated from the Ahl al-Bayt that they said: «لَا تَزَوَّجُ ذَوَاتُ الْآبَاءِ مِنَ الْأَبْكَارِ إِلَّا بِإِذْنِ آبَائِهِنَّ»[1]; “Virgins who have fathers shall not marry except with the permission of their fathers,” and they said: «الْجَارِيَةُ الْبِكْرُ الَّتِي لَهَا أَبٌ لَا تَتَزَوَّجُ إِلَّا بِإِذْنِ أَبِيهَا»[2]; “A virgin girl who has a father shall not marry except with the permission of her father.” The need for his permission in a temporary marriage is even greater—because detriment in it is more likely and more prevalent; as it has been narrated from the Ahl al-Bayt that they said: «يُكْرَهُ أَنْ يَتَزَوَّجُ الرَّجُلُ الْبِكْرَ مُتْعَةً، لِلْعَيْبِ عَلَى أَهْلِهَا»[3]; “It is detested for a man to enter into a temporary marriage with a virgin, because of the disgrace this brings upon her family,” and they said: «الْبِكْرُ لَا تَتَزَوَّجُ مُتْعَةً إِلَّا بِإِذْنِ أَبِيهَا»[4]; “A virgin shall not enter into a temporary marriage except with the permission of her father,” and they said: «الْعَذْرَاءُ الَّتِي لَهَا أَبٌ لَا تَتَزَوَّجُ مُتْعَةً إِلَّا بِإِذْنِ أَبِيهَا»[5]; “A virgin who has a father shall not enter into a temporary marriage except with the permission of her father.” This remains the case even if she stipulates that the marriage will not be consummated, because such a condition does not protect her from detriment; rather, it may itself be a detriment, considering that her pleasure is diminished while the man’s pleasure is fulfilled, as though he were able to satisfy his own need through her however he wished without satisfying hers—and this is deception itself. As for what has been narrated from the Ahl al-Bayt , that «لَا بَأْسَ بِأَنْ يَتَمَتَّعَ بِالْبِكْرِ مَا لَمْ يُفْضِ إِلَيْهَا»[6]; “There is nothing wrong with entering into a temporary marriage with a virgin as long as there is no consummation with her,” what is meant is that it is not detested when done with the father’s permission—as though they held that entering into a temporary marriage with a virgin without her father’s permission is unlawful, while doing so with her father’s permission is detested. This is indicated by a narration from Abd al-Malik ibn Amr, who 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— about temporary marriage, and he said: ‘Its matter is serious, so beware of virgins,’” and by a narration from Abu Bakr al-Hadrami, who said: «قَالَ أَبُو عَبْدِ اللَّهِ عَلَيْهِ السَّلَامُ: يَا أَبَا بَكْرٍ، إِيَّاكُمْ وَالْأَبْكَارَ أَنْ تُزَوِّجُوهُنَّ مُتْعَةً»[8]; “Abu Abdullah said: ‘O Abu Bakr! Beware of marrying virgins in temporary marriage,’” and by a narration from al-Muhallab al-Dallal from Abu al-Hasan—meaning Ali ibn Musa al-Rida— that he said: «لَا يَكُونُ تَزْوِيجُ مُتْعَةٍ بِبِكْرٍ»[9]; “There shall be no temporary marriage with a virgin”—unless the marriage is not consummated with her. Thus, if the marriage is not consummated with her, it is not detested when done with her father’s permission, based on their statement: «لَا بَأْسَ بِأَنْ يَتَمَتَّعَ بِالْبِكْرِ مَا لَمْ يُفْضِ إِلَيْهَا»; “There is nothing wrong with entering into a temporary marriage with a virgin as long as there is no consummation with her,” and their statement that it is permissible with the father’s permission. This is also the view of His Eminence Allamah 
; as one of his companions informed us, saying:
«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 with a virgin. So he said: ‘If she has a believing father, and her father gives permission, there is nothing wrong with it.’ I said: ‘What if she has a sinful father?’ He said: ‘There is no permission for a dayyuth—that is, one who gives permission in exchange for money—(meaning his permission carries no validity).’ I said: ‘They say temporary marriage with her is permissible without her father’s permission.’ So he considered it deeply abhorrent and said: ‘How could it be permissible, while it is manifest deception and taking her out of her covering?!’ I said: ‘Even if the man stipulates that he will not have full intercourse with her?’ He said: ‘How could he possibly do that when he is sitting between her legs while sexually aroused?!’ Then he said: ‘Leave people’s daughters alone and do not ruin them for their families. Is there not sufficiency for you in non-virgin women?!’”
As for what has been narrated from Abu Sa‘id al-Qammat, from the one who narrated it, who said: “I said to Abu Abdullah : ‘A virgin girl living with her parents invites me to herself secretly from her parents. Should I do that?’ He said: ‘Yes, but avoid the place of the private part,’”[10] and what has been narrated from Abu Sa‘id, from al-Halabi, who said: “I asked him about entering into a temporary marriage with a virgin who is living with her parents, without her parents’ permission. He said: ‘There is nothing wrong with it as long as he does not deflower her, so that she may thereby remain chaste,’”[11] it is an anomalous report, transmitted solely by Musa ibn Umar ibn Yazid, who is unknown; therefore, no proof is established by it, and the many reliable reports mentioned previously are not to be abandoned on its account.
As a result, it is not permissible for a virgin to enter into a temporary marriage without her father’s permission if her father is not like a dayyuth who gives permission in exchange for money—because if he is like that, he does not consider what is best for her. As for avoiding falling into what is unlawful, it is sufficient for her to avoid non-mahram men, because it is impossible for her not to fall into it while having a lover with whom she arranges to meet and spends time. If she does not do so, she has already fallen into what is unlawful; like one whom Allah has mentioned in His Book, saying: ﴿وَمِنْهُمْ مَنْ يَقُولُ ائْذَنْ لِي وَلَا تَفْتِنِّي ۚ أَلَا فِي الْفِتْنَةِ سَقَطُوا ۗ وَإِنَّ جَهَنَّمَ لَمُحِيطَةٌ بِالْكَافِرِينَ﴾[12]; “And among them is one who says: ‘Grant me permission, and do not put me to trial.’ Surely, they have already fallen into the trial. And indeed, Hell encompasses the disbelievers.” For this reason, it has been narrated from the Messenger of Allah that he said: «لَا يَخْلُوَنَّ رَجُلٌ بِامْرَأَةٍ إِلَّا كَانَ ثَالِثَهُمَا الشَّيْطَانُ»[13]; “No man is ever alone with a woman except that the third of them is Satan,” and he 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, and the tongue commits fornication; and the private part confirms or denies that.”
↑[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; Risalat 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] . Al-Tawbah/ 49
↑[13] . Musnad of Abdullah ibn al-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; 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 from Isma‘il ibn Ja‘far, p. 325; Musnad of ibn Abi Shaybah, vol. 1, p. 255; Musnad of Ishaq ibn Rahawayh, 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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