Question 278 - The Enlightening Answer Across the Ether, Vol 3

Supporters Response:

In the name of Allah, the Merciful, the Intensely Merciful. Praise be to Allah, Lord of the worlds, and may Allah send His prayers upon Muhammad and his family, the Imams and the Mahdis, and grant them abundant peace. To proceed: These are some narrations that come to mind concerning the conditions of temporary marriage, including the narration in which the infallible one designates that temporary marriage has seventy conditions. We send our warm greetings to our supporting brother Azzam al-Ubaydi and ask you for your prayers. It is stated in Mirza al-Nuri’s Mustadrak al-Wasa’il, volume 14, pages 474–480, from al-Mufaddal ibn Umar, from al-Sadiq (a), in a long narration. He said: I said, ‘My master, what of temporary marriage?’ He said: ‘Temporary marriage is unrestrictedly lawful. The evidence for it is Allah’s words-majestic is His praise-concerning women married with a guardian and witnesses: “There is no blame upon you concerning what you indirectly propose of marriage to women or conceal within yourselves. Allah knows that you will mention them, but do not promise them secretly unless you speak an honorable word” (^[225])-meaning a witnessed word. The honorable word is that made public with a guardian and witnesses. A guardian and witnesses were needed in marriage so that offspring would be established, lineage would be sound, and inheritance would become due. And His words: “Give women their dowries as a gift; but if they willingly remit any part of it to you, then consume it with satisfaction and ease” (^[226]). ‘He made divorce of married women impermissible except with two just witnesses from among the Muslims. Concerning all other testimony regarding blood, private parts, wealth, and property, He said: “Call to witness two witnesses from among your men; and if there are not two men, then one man and two women from among those witnesses whom you approve” (^[227]). ‘Mighty is His mention, He explained divorce and said: “O Prophet, when you divorce women, divorce them for their waiting period, count the waiting period, and fear Allah, your Lord.” If a divorced woman became separated by three pronouncements gathered in one expression, or more or fewer, Allah Most High would not have said: “Count the waiting period, and fear Allah, your Lord”-until His words-“These are Allah’s limits, and whoever transgresses Allah’s limits has wronged himself. You do not know; perhaps Allah will bring about after that a matter. When they reach their term, retain them honorably or separate from them honorably, call two just men from among you to witness, and establish the testimony for Allah. By this is admonished whoever believes in Allah and the Last Day” (^[228]). His words, Mighty and Majestic, “You do not know; perhaps Allah will bring about after that a matter,” refer to estrangement occurring between a man and his wife. He pronounces the first divorce with two just witnesses. The endpoint of the time for the two divorces is the end of the menstrual periods, and a menstrual period is menstruation. Divorce must occur at the last white discharge following yellowness and redness. Between the first, second, and third pronouncements, Allah may bring about affection between them or remove what they disliked. This is His statement-majestic is He who speaks: “Divorced women shall wait by themselves for three menstrual periods. It is not lawful for them to conceal what Allah created in their wombs if they believe in Allah and the Last Day. Their husbands have a greater right to take them back during that time if they desire reconciliation. Women have rights similar to the obligations upon them according to what is honorable, while men have a degree over them. Allah is Mighty, Wise” (^[229]). Allah, Mighty and Majestic, says here that husbands may take women back from one divorce to the next if they desire reconciliation, and women may take men back similarly. Then, Blessed and Exalted is He, He explained: “Divorce is twice; then retain honorably or release with kindness” (^[230]) at the third. If he divorces her a third time, she is separated. This is His statement: “If he divorces her, she is not lawful for him afterward until she marries another husband” (^[231]). Then the rest of the address applies to her. ‘The temporary marriage Allah permitted in His Book and the Messenger made available to all Muslims is in the words-majestic is He who speaks: “And married women, except those whom your right hands possess. This is Allah’s prescription for you. Lawful to you are those beyond that, provided you seek them with your wealth in wedlock, not fornication. For whatever enjoyment you receive from them, give them their compensation as an obligation. There is no blame upon you concerning what you mutually agree after the obligation. Indeed, Allah is Knowing, Wise” (^[232]). ‘The difference between a married woman and a woman in temporary marriage is that the married woman receives a dowry, while the woman in temporary marriage receives compensation. All Muslims practiced temporary marriage during the time of the Messenger of Allah (s), during pilgrimage and otherwise, during the days of Abu Bakr, and for four years during Umar’s days. Then he entered upon his sister Afra and found a child in her lap nursing at her breast. He said, “My sister, what is this?” She said, “My son from my womb,” though she did not have a husband. He said to her, “By Allah?” She said, “By Allah,” and uncovered her breasts. He saw the flow of milk in the child’s mouth, became angry, trembled, and his color changed. He took the child in his hands in anger, went out in haste until he reached the mosque, ascended the pulpit, and said, “Call among the people that the prayer is gathering.” It was not prayer time, so the people knew that Umar desired some matter and assembled. He said, “O gathering of people among the Emigrants, Supporters, and sons of Qahtan and Nizar, who among you would like to see one of the women forbidden to him with a child like this who came from her womb and whom she nursed with milk, though she had no husband?” Some of the people said, “We would not like that, O Commander of the Believers.” He said, “Do you not know that my sister Afra is the daughter of Hantamah, my mother, and Abu al-Khattab?” They said, “Yes, O Commander of the Believers.” He said, “I entered upon her this hour and found this child in her lap. I asked her, ‘Where did you get this?’ She said, ‘My son from my womb.’ I saw the flow of milk from her breast in his mouth. I said, ‘How did you get this?’ She said, ‘I entered a temporary marriage.’ Know, O gathering of people, that I have decided to forbid this temporary marriage, which was lawful for Muslims during the time of the Messenger of Allah (s) and after him. Whoever practices it, I will strike his sides with the whip.” No one among the people rejected his statement, answered him, or said to him, “What messenger is there after the Messenger of Allah (s), or what book after the Book of Allah? We do not accept your opposition to Allah, His Messenger, and His Book.” Rather, they submitted and accepted.’ Al-Mufaddal said: ‘My master, what are the conditions of temporary marriage?’ He said: ‘O Mufaddal, it has seventy conditions. Whoever violates one condition has wronged himself.’ I said: ‘My master, shall I present to you what I learned from you concerning it?’-until he said-‘Speak, O Mufaddal.’ He said: ‘My master, you commanded us not to enter temporary marriage with a prostitute, a woman notorious for corruption, or an insane woman; and to invite the woman with whom temporary marriage is intended to indecency. If she responds, temporary marriage with her is forbidden. We are to ask whether she is free or occupied by a husband, pregnancy, or a waiting period. If occupied by one of the three, she is not lawful for him. If she is free, he says to her: “Give yourself to me in temporary marriage according to Allah’s Book and the Sunnah of His Prophet (s), as marriage and not fornication, for a known term and known compensation.” It may be an hour, a day, two days, a month, two months, a year, less, or more. The compensation is what the two agree upon, from a ring, a sandal strap, or half a date, up to dirhams or goods with which she is satisfied. If she waives it, she is lawful to him, like a married woman’s waived dowry, concerning whom Allah Most High said: “If they willingly remit any part of it to you, then consume it with satisfaction and ease.” ‘The statement returns to completion of the contract, then he says to her: “On condition that you do not inherit from me and I do not inherit from you; that the fluid is mine and I may place it from you wherever I wish; and that you must observe a period of forty-five days, or one menstrual period, whatever the number of days.” When she says, “Yes,” you repeat the statement a second time and thereby conclude the marriage. If you and she desire to increase the term, you may increase it. Included in this is what we narrated from you of your statement: “That we take a private part out of what is forbidden into what is lawful is more beloved to us than leaving it in what is forbidden”; your statement: “If she understands what she says, she bears responsibility for what she says when reporting about herself, and there is no blame upon you”; and the statement of the Commander of the Believers (a): “Were it not for him, none but a wretched man or woman would commit fornication, because temporary marriage provided Muslims with sufficiency from fornication.” We narrated from you that you said: “The difference between a wife and a woman in temporary marriage is that a man may practice withdrawal with the woman in temporary marriage, but a husband may not practice withdrawal with his wife, because Allah Most High says: ‘Among the people is one whose speech concerning worldly life impresses you, and he calls Allah to witness what is in his heart, though he is the fiercest of opponents. When he turns away, he strives throughout the earth to spread corruption in it and destroy crops and offspring; and Allah does not love corruption’” (^[233]). ‘It also came in the Book of Expiations from you: “Whoever withdraws a drop of semen from the womb of a married woman owes ten dinars as expiation for the drop. One of the conditions of temporary marriage is that the fluid is his and he may place it wherever he wishes from the woman in temporary marriage. If he places it in the womb and a child is created from it, the child is attributed to his father.”’ Here ends the narration of al-Hidayah. In his other book, he added: Al-Sadiq (a) said: ‘O Mufaddal, my father Muhammad ibn Ali narrated to me, from his forefathers, raising it to the Messenger of Allah (s), that he said: “Allah took a covenant from all believers that no womb from a temporary marriage should become attached to him. It is one of the believer’s trials by which his faith is distinguished from his disbelief if a womb from a temporary marriage becomes attached to him.” The Messenger of Allah (s) said: “The child of temporary marriage is forbidden, and it is better not to place the drop in the womb of the woman in temporary marriage.”’ Al-Mufaddal said: ‘My master,’ and he mentioned the story of Abdullah ibn Abbas with Abdullah ibn al-Zubayr, continuing until Ibn Abbas’s words to Ibn al-Zubayr: ‘You are the first child born in Islam from temporary marriage, and the Prophet (s) said: “The child of temporary marriage is forbidden.”’ Al-Sadiq (a) said: ‘By Allah, O Mufaddal, he spoke truthfully in what he said to Abdullah ibn al-Zubayr.’ Al-Mufaddal said: I said, ‘My master, some of your Shia narrated that you said: “The limits of temporary marriage are more famous than the veterinarian’s animal,” and that you said to the people of Medina: “Grant us temporary marriage in Medina, and practice it wherever you wish,” because we feared for them from the followers of Ibn al-Khattab, lest they strike their sides with whips, so we protected it by making it appear uncertain in Medina.’ Al-Mufaddal said: ‘Your Shia narrated from you that Muhammad ibn Sinan al-Asadi entered a temporary marriage with a woman. When he drew near to have intercourse with her, he found swelling in her abdomen. He pulled himself away from her, rose and went to your grandfather Ali ibn al-Husayn (a), and said to him: “My master and lord, I entered a temporary marriage with a woman, and such and such occurred between me and her. I said to her, ‘What is this swelling?’ She placed her foot upon my chest, pushed me away, and said: ‘You are neither well-mannered nor knowledgeable. Have you not heard Allah say: O you who believe, do not ask about things which, if disclosed to you, would distress you?’”’ Al-Sadiq (a) said: ‘This is an honor from our Shia. Whoever lies against us is not from us. By Allah, Allah sent His messengers only with truth, they brought only truthfulness, and they relate only from Allah, from what is with Allah, and through Allah’s Book. Do not follow your desires lest you go astray, and do not grant yourselves license lest what Allah made lawful for you become forbidden. By Allah, O Mufaddal, it is only the religion of truth, and the conditions of temporary marriage are only those I mentioned to you before.’ End of the report. In Mirza al-Nuri’s Mustadrak al-Wasa’il, volume 14, page 458, from Fiqh al-Rida (a): ‘It was narrated: Do not enter temporary marriage with a thief or a woman notorious for fornication. Before temporary marriage, invite the woman to what is unlawful; if she responds, do not enter temporary marriage with her.’ I apologize for falling short. Praise be to Allah, Lord of the worlds, and may Allah send His prayers upon Muhammad and his family, the Imams and the Mahdis, and grant them abundant peace. The Scientific Committee Supporters of Imam al-Mahdi (may Allah establish him upon the earth) Sheikh Nazim al-Uqayli