Mut'ah (temporary marriage)
2430. Contracting a temporary marriage with a woman is in order, even
if it may not be for the sake of any sexual pleasure.
2431. The obligatory precaution is that a husband should not avoid
having sexual intercourse for more than four months with a wife of temporary
2432. If a woman with whom temporary marriage is contracted, makes a
condition that her husband will not have sexual intercourse with her, the
marriage as well as the condition imposed by her will be valid, and the husband
can then derive only other pleasures from her. However, if she agrees to sexual
intercourse later, her husband can have sexual intercourse with her, and this
rule applies to permanent marriage as well.
2433. A woman with whom temporary marriage is contracted, is not
entitled to subsistence even if she becomes pregnant.
2434. A woman with whom temporary marriage is contracted, is not
entitled to share the conjugal bed of her husband, and does not inherit from
him, and the husband, too, does not inherit from her.
However, if one or both lay down a condition regarding inheriting each other, such a stipulation is a matter of Ishkal as far as its validity is concerned, but even then, precaution should be exercised by putting it into effect.
2435. If a woman with whom temporary marriage is contracted, did not
know that she was not entitled to any subsistence and sharing her husband's
conjugal bed, still her marriage will be valid, and inspite of this lack of
knowledge, she has no right to claim anything from her husband.
2436. If a wife of temporary marriage goes out of the house without
the permission of her husband, and the right of the husband is in anyway
violated, it is haraam for her to leave. And if the right of her husband remains
protected, it is a recommended precaution that she should not leave the house
without his permission.
2437. If a woman empowers a man that he may contract a temporary
marriage with her for a fixed period, and against a specified amount of Mahr,
and instead, that man contracts a permanent marriage with her, or contracts a
temporary marriage with her without specifying the time or amount of Mahr, the
marriage will be void. But if the woman consents to it on understanding the
position, then the marriage will be valid.
2438. In order to become Mahram (with whom marriage contract becomes
haraam and is treated to be one of the close relatives), a father or a paternal
grandfather can contract the marriage of his na-baligh son or daughter with
another person for a short period, provided that it does not involve any scandal
or moral lapse.
However, if they marry a minor boy or a girl who is not in anyway able to derive any sexual pleasure during the period from the spouse, then the validity of such a marriage is a matter of Ishkal.
2439. If the father or the paternal grandfather of an absent child,
marry it to someone for the sake of becoming Mahram, not knowing whether the
child is alive or dead, the purpose will be achieved only if during the period
fixed for marriage, the child can become capable of consummating marriage. If it
later transpires that it was not alive at the time the marriage was contracted,
it will be considered void, and the people who had apparently become Mahram will
all become Na-Mahram.
2440. If a husband gifts the wife of Muta'h with the period of her
temporary marriage, thus releasing her, and if he has had sexual intercourse
with her, he should give her all the things he agreed to give her. And if he has
not had sexual intercourse with her, it is obligatory on him to give her half
the amount of Mahr, though the recommended precaution is that he should give her
full amount of Mahr.
2441. If a man contracted a temporary marriage with a woman, and the
period of her Iddah has not ended yet, he is allowed to contract a permanent
marriage with her or renew a contract for temporary marriage with her.