Question 122 - The Enlightening Answer Across the Ether, Vol 2

Source footnotes

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↑ [272] The Imams (a) expressly stated that witnesses are obligatory in temporary marriage, and they likewise stated many conditions that must be fulfilled in temporary marriage. Indeed, it is narrated from Imam al-Sadiq (a) that temporary marriage has seventy conditions, as in the following narration. Al-Mufaddal ibn Umar narrated from al-Sadiq (a) in a long hadith: I said, ‘My master, what of temporary marriage?’ He said: ‘Temporary marriage is freely lawful. The evidence for it is the word of Allah-majestic is His praise-concerning women married through a guardian and witnesses: “There is no blame upon you for what you indirectly propose concerning marriage to women or conceal within yourselves. Allah knows that you will remember them, but do not promise them secretly unless you speak an acceptable word”-that is, a witnessed word. The acceptable word is the one publicly known through a guardian and witnesses. A guardian and witnesses are needed in marriage so that offspring are established, lineage is sound, and inheritance is deserved. And His word: “Give women their marriage gifts as a gift, but if they willingly remit any part of it to you, then consume it with pleasure and ease.” He made divorce concerning married women impermissible except with two just witnesses from among the Muslims. Concerning all other testimonies involving blood, sexual relations, wealth, and property, He said: “Call to witness two witnesses from among your men. If there are not two men, then one man and two women from among the witnesses whom you approve.”’ … until al-Mufaddal ibn Umar said: Al-Mufaddal said, ‘My master, what are the conditions of temporary marriage?’ He said: ‘O Mufaddal, it has seventy conditions. Whoever violates one of them wrongs himself.’ I said, ‘My master, allow me to present to you what I have learned from you concerning it.’ Al-Sadiq (a) said: ‘Speak, O Mufaddal, on the basis that you have learned the difference between the married woman and the woman taken in temporary marriage from what I recited to you. The married woman has a marriage gift and a gift freely given, whereas the woman in temporary marriage has a wage; this is the difference between them.’ Al-Mufaddal said, ‘Yes, my master, I have learned that.’ He said, ‘Speak, O Mufaddal.’ I said: ‘My master, you commanded us not to enter temporary marriage with a prostitute, a woman publicly known for corruption, or a madwoman; and to invite the woman sought for temporary marriage to indecency-if she responds, temporary marriage with her is prohibited. We are to ask whether she is unattached or occupied by a husband, pregnancy, or a waiting period. If she is occupied by one of the three, she is not lawful for him. If she is free of them, he says to her: “Give yourself to me in temporary marriage according to the Book of Allah and the Sunna of His Prophet (s), as marriage and not fornication, for a known term and a known wage.” The term may be an hour, a day, two days, a month, two months, a year, less than that, or more. The wage is whatever the two agree upon, from a ring, a sandal strap, or part of a date, up through dirhams or any goods with which she is content. If she remits it, she becomes lawful for him, like a marriage gift remitted by married women, concerning whom Allah the Exalted said: “If they willingly remit any part of it to you, then consume it with pleasure and ease.” He returns to the wording and completes the proposal. Then he says to her: “On the condition that you do not inherit from me and I do not inherit from you; that the semen is mine to place within you wherever I wish; and that you observe a period of clearance of forty-five days, or one menstrual period, whatever the number of days may be.” When she says, “Yes,” you repeat the statement a second time and conclude the marriage through it. If you and she desire an increase in the term, you may increase it. In this is what we narrated from you of your words: “Bringing a sexual relationship out of the prohibited and into the lawful is dearer to us than leaving it in the prohibited,” and your words: “If she understands what she says, she is responsible for what she reports concerning herself, and there is no blame upon you,” and the words of the Commander of the Faithful (a): “Were it not for it, none but a wretched man or woman would fornicate, because temporary marriage would have sufficed the Muslims in place of fornication.” We narrated from you that you said: “The difference between a wife and a woman taken in temporary marriage is that the man in temporary marriage may practice withdrawal with the woman, while a husband may not practice withdrawal with his wife, because Allah the Exalted says: ‘Among the people is one whose speech concerning worldly life pleases you and who calls Allah to witness what is in his heart, while he is the fiercest of opponents. When he turns away, he strives throughout the earth to corrupt it and destroy crops and offspring, and Allah does not love corruption.’” It also came from you in the book of expiations: “Whoever withdraws a sperm-drop from the womb of a married wife owes an indemnity of ten dinars for the sperm-drop as expiation. One of the conditions of temporary marriage is that the semen belongs to him and he may place it wherever he wishes within the woman in temporary marriage. If he places it in the womb and a child is created from it, the child is affiliated with the father.”’ Mustadrak al-Wasail by Mirza al-Nuri, vol. 41, pp. 474–477; Al-Hidaya al-Kubra by al-Husayn ibn Hamdan al-Khasibi, p. 423; Al-Hadaiq al-Nadira by al-Muhaqqiq al-Bahrani, vol. 42, p. 169; Bihar al-Anwar, vol. 35, p. 26. There are many conditions besides those stated above that Imam al-Sadiq and other Imams (a) mentioned. I cannot survey them now. Whoever wishes to encompass them should consult the extensive books of hadith. (Commentator.)