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27. Marriage

By means of a marriage contract, a man and woman become lawful (ḥalāl) for each other. A marriage contract is of two types: permanent (dāʾim) and temporary (munqaṭiʿ) [also known as ‘mutʿah’]. A permanent marriage contract is one in which no period is specified for the marriage. A woman married by such a contract is called a ‘permanent wife’ (dāʾimah). A temporary marriage contract is one in which a period is specified for the marriage, such as a marriage contract that is concluded with a woman for one hour, one day, one month, one year, or longer. However, the period specified for such a marriage must not exceed the lifespan of the husband and wife or one of them; otherwise, the contract is invalid (bāṭil). A woman married by such a contract is called a ‘temporary wife’ (mutʿah).1

1 In the Persian original, the terms ‘mutʿah’ and ‘ṣīghah’ are used to refer to both temporary marriage and a temporary wife. In his Arabic work Minhāj al‑Ṣāliḥīn, al‑Sayyid al‑Sistani refers to a temporary wife as ‘mutʿah’, ‘al‑mutamattaʿ bi-hā’, and ‘munqaṭiʿah’ (vol. 3, p. 23).

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  • Ruling 2392

    If a woman is wedded to a man without their consent and afterwards the man and the woman consent to the marriage, the marriage contract is valid. Furthermore, for their consent [to be understood], it is sufficient that …

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  • Ruling 2393

    If a man and a woman, or one of them, is compelled to marry, and after the marriage contract has been concluded they consent to it in the manner mentioned in the previous ruling, the contract is valid. …

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  • Ruling 2394

    A father or paternal grandfather can wed to someone his non-bāligh child/grandchild or his insane child/grandchild who has become bāligh while in the state of insanity. After the child becomes bāligh or the insane individual becomes sane, if the …

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  • Ruling 2395

    If a girl wishes to get married and she has reached the age of legal responsibility (bulūgh) and is mature (rashīdah) – meaning that she is able to determine what is in her interest – and she is …

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  • Ruling 2396*

    If a girl is not a virgin, or if she is a virgin but her father or paternal grandfather totally prevent her from marrying every individual who is legally (sharʿan) and commonly considered appropriate for her, then it …

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  • Ruling 2397

    If a father or a paternal grandfather marries his non-bāligh son/grandson to a girl, then once he becomes bāligh he will have to pay for his wife’s living expenses. In fact, even before he reaches bulūgh, if he …

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  • Ruling 2398

    If a father or paternal grandfather marries his non-bāligh son/grandson to a girl, in the event that the son/grandson does not own any property at the time of the marriage contract, the father or paternal grandfather must provide his …

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  • Ruling 2399*

    If a man realises after the conclusion of the marriage contract that his wife had one of the following six defects at the time of the marriage contract, he can annul the contract:insanity, albeit intermittent;leprosy;vitiligo;blindness;paralysis, albeit not to …

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  • Ruling 2400

    If a wife realises after the conclusion of the marriage contract that her husband does not possess a penis, or if after the conclusion of the marriage contract but before having sexual intercourse, or after it, his penis …

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  • Ruling 2401

    If a wife annuls the marriage contract owing to her husband’s inability to have sexual intercourse, the husband must pay her half of the dowry. However, if owing to any of the other aforementioned defects the husband or …

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