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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 2442

    A temporary wife is not entitled to living expenses [to be paid for by the husband] even if she becomes pregnant.

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  • Ruling 2443

    A temporary wife is not entitled to the right of sleeping together [i.e. the right that was mentioned in Ruling 2435]. She does not inherit from her husband, nor does her husband inherit from her. In the event …

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  • Ruling 2444

    Even if a woman in a temporary marriage does not know she is not entitled to the right of having her living expenses paid for and the right of sleeping together, the marriage contract is valid. Her ignorance …

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  • Ruling 2445

    A woman in a temporary marriage can leave the house without her husband’s permission. However, if the act of leaving the house violates her husband’s right, then it is unlawful for her to leave the house. And based …

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  • Ruling 2446

    If a woman appoints a man to be her agent for marrying her to himself for a specified period and a specified amount, and the man marries her to himself in a permanent marriage, or he marries her …

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  • Ruling 2447

    If in order to become maḥram, a father or a paternal grandfather marries his non-bāligh daughter/granddaughter or son/grandson to someone for a short period, the marriage contract is valid as long as it is not detrimental. However, if …

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  • Ruling 2448

    If a father or paternal grandfather of a child who resides in a different place marries the child to someone to become maḥram [to that person], not knowing whether the child is alive or not, then, if the …

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  • Ruling 2449

    If a man gives his wife the remaining period of the marriage, in the event that he had sexual intercourse with her, he must give her all the dowry that he had agreed to give her. However, if …

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  • Ruling 2450

    If a man has a temporary wife whose ʿiddah has not yet finished, he can contract a permanent marriage with her or marry her again in a temporary marriage. However, if the period of the temporary marriage has …

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  • Ruling 2451

    It is unlawful for a man to look at the body or hair of non-maḥram [Muslim] women, be it with lust or without lust, with fear of sinning or without such a fear. As for looking at the …

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