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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 2402

    If a woman or a man is described to the other as being better than she/he really is so that the other desires to marry her/him – irrespective of whether this happens at the time of the marriage …

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  • Ruling 2403

    It is unlawful for a man to marry women who are his maḥram,6 such as his mother, sister, daughter, paternal aunt, maternal aunt, nieces, and mother-in-law.6A maḥram is a person one is never permitted to marry on account …

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  • Ruling 2404

    If a person marries a woman, then even though they may not have had sexual intercourse, her mother, maternal grandmother, and paternal grandmother, however many generations they go back, become maḥram to him.

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  • Ruling 2405

    If a person marries a woman and has sexual intercourse with her, her daughters and granddaughters, however many generations they go forward, become maḥram to him, irrespective of whether they are alive at the time of the marriage …

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  • Ruling 2406

    Even if a person has not had sexual intercourse with the woman he has married, as long as he is married to her, he must not marry her daughter based on obligatory precaution.

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  • Ruling 2407

    The paternal and maternal aunts of a person, and the paternal and maternal aunts of his father, and the paternal aunts of his paternal grandfather or paternal grandmother, however many generations they go back, are maḥram to him. …

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  • Ruling 2408

    The father and grandfather of one’s husband, however many generations they go back, and his sons and grandsons, however many generations they go forward, are all maḥram to her, irrespective of whether they are alive at the time …

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  • Ruling 2409

    If a person marries a woman, be it in a permanent or temporary marriage, he cannot marry her sister as long as she is married to him.

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  • Ruling 2410

    If a man gives his wife a revocable divorce (al‑ṭalāq al‑rijʿī) in the manner that will be explained in the laws on divorce, he cannot marry her sister during the prescribed waiting period (ʿiddah). However, he can marry …

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  • Ruling 2411

    A person cannot marry his wife’s niece without her consent. However, if he contracts a marriage with his wife’s niece without her consent and afterwards his wife consents to it, there is no problem.

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