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27. Marriage

By means of a marriage contract, a man and woman become lawful (ḥalāl) for each other. A marriage contract is of two types: permanent (dāʾim) and temporary (munqaṭiʿ) [also known as ‘mutʿah’]. A permanent marriage contract is one in which no period of time is specified for the marriage. A woman who is married in such a contract is called a ‘permanent wife’ (dāʾimah). A temporary marriage contract is one in which a period of time is specified for the marriage, such as a marriage contract that is concluded with a woman for a period of one hour, one day, one month, one year, or longer. However, the period specified for such a marriage must not exceed the lifespan of the husband and wife, or one of them, otherwise the contract is invalid (bāṭil). A woman who is married in such a contract is called a ‘temporary wife’ (mutʿah).1

1 In the Persian original, the terms ‘mutʿah’ and ‘ṣīghah’ are used to refer to both temporary marriage and a temporary wife. In his Arabic work Minhāj al‑Ṣāliḥīn, al‑Sayyid al‑Sistani refers to a temporary wife as ‘mutʿah’, ‘al‑mutamattaʿ bihā’, and ‘munqaṭiʿah’ (vol. 3, p. 16).

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  • Ruling 2432

    A man has no right to compel his wife to do housework.

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  • Ruling 2433

    If the living expenses of a wife when she is outside her home town (waṭan) are more than when she is in her home town, in the event that she travelled to that place with the permission of …

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  • Ruling 2434

    If a wife’s living expenses are to be borne by her husband but he does not pay for them, she can take her living expenses from his property without his consent. If this is not possible, in the …

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  • Ruling 2435

    If, for example, a man has two permanent wives and he stays with one of them one night, it is obligatory on him to also stay with his other wife one in every four nights. Apart from this …

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  • Ruling 2436

    A husband cannot refrain from having sexual intercourse with a young wife of his for more than four months unless sexual intercourse is harmful or excessively difficult (mashaqqah) for him, or the wife consents to it, or he …

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  • Ruling 2437

    If in a permanent marriage contract the parties do not specify the dowry, the contract is valid. [If the dowry is not specified, then] in the event that the husband has sexual intercourse with his wife, he must …

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  • Ruling 2438

    If at the time of concluding a permanent marriage contract a period is not specified for giving the dowry, the wife can refuse to have sexual intercourse with her husband before receiving the dowry, irrespective of whether her …

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  • Ruling 2439

    A temporary marriage that is not for the purpose of deriving sexual pleasure is valid. However, the woman cannot stipulate a condition that the man must not derive any sexual pleasure.

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  • Ruling 2440

    The obligatory precaution is that a husband must not avoid having sexual intercourse with his temporary wife, if she is young, for more than four months.

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  • Ruling 2441

    If a woman in a temporary marriage stipulates a condition in the marriage contract that her husband must not have sexual intercourse with her, the contract and the condition are valid. In such a case, the husband can …

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