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Question 798: Does a temporary marriage require a formal divorce?

433 views 13 Feb 2021

Answer

✅Answer:

1 عن أَبي جعفر قال: فَإِذَا جَاءَ الْأَجَلُ يَعْنِي فِي الْمُتْعَةِ كَانَتْ فُرْقَةٌ بِغَيْرِ طَلَاقٍ فَإِنْ شَاءَ أَنْ يَزِيدَ فَلَا بُدَّ أَنْ يُصْدِقَهَا شَيْئاً قَلَّ أَوْ كَثُر

📚Al-Faqih, Vol. 3, p.464

Imam al-Baqir (peace be upon him) said: When the period of a temporary marriage ends, separation occurs without divorce. So if he wants to extend the period, he must give something, whether more or less, as the bride-price (Mahr)!

2 عن أبي عبداللَّه في الْمُتْعَةِ قال فَإِذَا انْقَضَى الْأَجَلُ بَانَتْ مِنْهُ بِغَيْرِ طَلَاق

📚Al-Kafi, Vol. 5, p.451

Imam al-Sadiq (peace be upon him) said in a narration about Mut'ah: When the period ends, he becomes separated (Bain) without divorce!

3 عن أبي جعفر في الْمُتْعَةِ لَيْسَتْ مِنَ الْأَرْبَعِ لِأَنَّهَا لَا تُطَلَّقُ وَ لَا تَرِثُ وَ إِنَّمَا هِيَ مُسْتَأْجَرَةٌ

📚Al-Kafi, Vol. 5, p.451

Imam al-Baqir (peace be upon him) said about Mut'ah: Mut'ah is not among the four permanent wives a person may take, because it is not divorced, does not inherit, and is essentially like a lease!

4 Ali ibn Ri'ab said: I wrote to him asking about a man who entered into a temporary marriage with a woman and then before consummation, gifted her the remaining days, or after consummation, gifted her the remaining days. Can he take back what he gifted? The reply was: He cannot!

📚Al-Faqih, Vol. 3, p.460

Ali ibn Ri'ab said: I wrote to the Imam regarding a man who entered a woman into temporary marriage and then before consummation gifted her the remaining days, or after consummation did so. Can he retract this gift? The Imam replied: He cannot!

5 سماعة قال: سَأَلْتُهُ عَنْ رَجُلٍ تَزَوَّجَ جَارِيَةً أَوْ تَمَتَّعَ بِهَا ثُمَّ جَعَلَتْهُ مِنْ صَدَاقِهَا فِي حِلٍّ يَجُوزُ أَنْ يَدْخُلَ بِهَا قَبْلَ أَنْ يُعْطِيَهَا شَيْئاً قَالَ نَعَمْ إِذَا جَعَلَتْهُ فِي حِلٍّ فَقَدْ قَبَضَتْهُ مِنْهُ

📚Al-Tahdhib, Vol. 7, p.476

Sama’ah said: I asked Imam al-Sadiq (peace be upon him) about a man who marries a female servant temporarily or permanently, and then the woman forgives him the Mahr (gifts her bride-price). I asked: Is it permissible for him to consummate before giving her anything? He replied: Yes, if the woman forgives the Mahr, it is considered as if she received it from her husband!

6 Muhammad ibn Muslim in a narration asked Abu Abdullah about Mut'ah, saying: If he wants to start a new term, he does so, and he is not obliged to observe ‘iddah for this man, but for others, it is 45 nights.

📚Al-Tahdhib, Vol. 7, p.264

Muhammad ibn Muslim asked Imam al-Sadiq (peace be upon him) about Mut'ah. The Imam replied: If he wants to start a new term after the previous period ends, he may do so. He is not obliged to observe ‘iddah for himself, but another man must observe 45 nights.

7 Ibn Abi Umayr narrated: If a man marries a woman temporarily, the ‘iddah is for another man, but if he himself wants to remarry her, she has no ‘iddah and he may marry her whenever he wishes.

📚Al-Kafi, Vol. 5, p.459

Ibn Abi Umayr narrated that the Imam said: If a man marries a woman temporarily, the ‘iddah is required for another man, but if he himself wants to remarry her, she is not required to observe ‘iddah, and he can marry her whenever he wishes!

✅According to the above narrations and others:

1 In temporary marriage, there is no divorce; the expiration of the term or gifting the remaining period by the man suffices.

2 A man may gift the remaining days of the agreed period to the woman, ending the period. He cannot retract this gift.

3 The woman may forgive the agreed Mahr and bride-price in a temporary marriage, effectively releasing the husband from payment.

4 The gifting of the remaining period is entirely at the discretion of the man; the woman has no choice regarding the period.

5 If after the period ends or after the man gifts the remaining period, the same man wishes to remarry her, she does not need to observe ‘iddah. But if another man wishes to marry her (unless she is menopausal, non-consummated, or a minor under 9 years old who does not menstruate), she must complete her ‘iddah before marrying the other man.

In the name of Allah, the Most Gracious, the Most Merciful

O Allah, hasten the reappearance, wellness, and victory of Your Guardian

Peace be upon you and Allah's mercy and blessings

Questions list of the Fiqh al-Muhaddithin channel

(Narrative questions and answers of the Muhaddithin)

@Feghh14

In the name of Allah, the Most Gracious, the Most Merciful

Questions list of the Fiqh al-Muhaddithin channel

(Narrative questions and answers of the Muhaddithin):

https://t.me/joinchat/AAAAAFNPtfKprTrot737Aw

O Allah, hasten the reappearance, wellness, and victory of Your Guardian

@Feghh14

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