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Question

Question1607 In temporary marriage (mut‘a), can a woman unilaterally annul and terminate the marriage contract?

521 views 08 Feb 2023

Answer

✅ Answer: Pay attention to the following narrations:

1 From Aban ibn Taghlib, he said: I said to Abu Abdullah (Imam Sadiq, peace be upon him): A man marries a woman in mut‘a for one month, then she captures his heart and he wishes that the term be more than one month. Is it permissible for him to increase her wage and extend the days before the first term ends? He said: Two conditions (two terms and two wages) are not allowed in one condition (i.e., in one contract). I said: Then what should he do? He said: He should gift her the remaining days, then begin a new condition.

📚 Al-Kafi, vol. 5, p. 458

Aban says: I asked Imam Sadiq (peace be upon him): A man contracts temporary marriage with a woman and they agree on a period of one month. Then the man becomes attached to her and wishes the duration to be more than one month. Is it permissible before the agreed days finish to add to her term and wage?

The Imam said: Two conditions (two terms and two wages) in one contract are not permissible!

I said: Then what should he do? He said: The man should gift her the remaining days and then begin a new contract!

2 عن علی بن رِئَابٍ قال: کَتَبْتُ إِلَیْهِ أَسْأَلُهُ عَنْ رَجُلٍ تَمَتَّعَ بِامْرَأَةٍ ثُمَّ وَهَبَ لَهَا أَیَّامَهَا قَبْلَ أَنْ یُفْضِیَ إِلَیْهَا أَوْ وَهَبَ لَهَا أَیَّامَهَا بَعْدَ مَا أَفْضَی إِلَیْهَا هَلْ لَهُ أَنْ یَرْجِعَ فِیمَا وَهَبَ لَهَا مِنْ ذَلِکَ فَوَقَّعَ ع لَا یَرْجِعُ

📚 Al-Faqih, vol. 3, p. 460

Ali ibn Ri’ab says: I wrote to the Imam (peace be upon him) asking about a man who contracts temporary marriage with a woman and then, before intercourse, gifts her the remainder of the days, or after intercourse gifts her the remainder of the days. Can he take back what he gave her? The Imam wrote: He does not return (he cannot take it back)!

3 From Ishaq ibn Ammar, he said: I said to Abu al-Hasan Musa (Imam Kazim, peace be upon him): A man contracts temporary marriage with a woman, then her family overpowers her and publicly marries her to another man without her consent, while the woman is truthful. What should be done? He said: She must not allow her husband (the first one) to have her until her term and waiting period end. I said: Her term is one year, and her husband and family will not wait one year! He said: Then her first husband must fear Allah and gift her the remaining days, for she is afflicted, and the house is now a place of truce, and the believers are in taqiyya (dissimulation). I said: If he gifts her the remaining days and her waiting period ends, what should she do? He said: When the man is alone with her, the woman should say: O so-and-so! My family overpowered me and married me to you without my decision and without consulting me. But now I am content, so now begin from the start and contract with me a correct marriage between me and you.

📚 Al-Kafi, vol. 5, p. 466

Ishaq ibn Ammar says: I asked Imam Kazim (peace be upon him): A man contracts mut‘a with a woman, then her family forces her and marries her openly to another man without her consent, and she is a righteous woman. What should be done? The Imam said: She must not allow herself to her husband until the term of her mut‘a and her waiting period end!

I said: Her term in mut‘a is one year, and neither her husband nor her family will wait that long!

The Imam said: Then her first husband must fear Allah and gift her the remaining days, because this woman has been put into hardship. For now, the house is one of peace, and the believers are under taqiyya.

I said: The man gifts her the remaining days and her waiting period ends. What should she do then? The Imam said: When that man is alone with her, the woman should say: My family forced me and married me to you without my consent and without consulting me. But now I am pleased. So now, start from the beginning and marry me in a valid marriage between me and you.

4 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 Baqir (peace be upon him) regarding mut‘a said: Mut‘a is not one of the four wives (that a man may permanently marry), because she is neither divorced nor inherits. Rather, she is hired for a term!

✅ Various narrations, including those mentioned above, show that in mut‘a (temporary marriage), the forgiveness of the remaining term is only in the hands of the man, and the woman cannot annul the contract unilaterally, even if she is in difficult and sensitive circumstances. Even if a woman faces hardship, it is the man who must fear Allah and forgive her the remaining time so that she may be freed from her hardship.

✅ Today, some women face various problems because of the long duration of mut‘a contracts. Therefore, it is necessary to exercise care and precision when determining the term so that such problems do not arise!

اللَّهُمَّ صَلِّ عَلَی مُحَمَّدٍ وَ آلِ مُحَمَّدٍ وَ عَجِّلْ لِوَلِیِّکَ الْفَرَجَ و الْعَافِیَةَ و النَّصْر

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