سورة النساء

Imam Sadiq (peace be upon him): In the book al-Faqih it is narrated: Imam Sadiq (peace be upon him) was asked about the verse: وَ المُحْصَنَاتُ مِنَ النِّسَاء [And all married women]. He said: "They are the women who have husbands." He was asked about the verse: وَ الْمحْصَنَاتُ مِنَ الَّذِینَ أُوتُواْ الْکِتَابَ مِن قَبْلِکُمْ [And the chaste women from among those who were given the Book before you] (al-Ma'idah/5). He said: "That is, the chaste women."

Imam Baqir (peace be upon him): Muhammad ibn Muslim says: I asked Imam Baqir (peace be upon him) about the verse: وَ المُحْصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَکَتْ أَیْمَانُکُمْ [And all married women except those whom your right hands possess], and he said: "It means that a man orders his slave, who has the man's slave-girl [as his wife], saying: keep away from that slave-girl [who is your wife] and do not go near her; then that man keeps the slave-girl until she menstruates [and her waiting period passes], and then he has intercourse with her, and when after his intercourse she menstruates again, he returns the slave-girl to the slave without a marriage contract."

Imam Sadiq (peace be upon him): Abdullah ibn Sinan narrates: Imam Sadiq (peace be upon him) said about the verse: وَ الْمحْصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَکَتْْ [And all married women except those whom you possess]: "It means that you order your slave, who has your slave-girl [as his wife], to keep away from that slave-girl until she menstruates, and then you yourself have intercourse with that slave-girl."

Imam Baqir (peace be upon him) and Imam Sadiq (peace be upon him): Abu Basir said: I heard the Imam (peace be upon him) say concerning the verse وَ الْمُحْصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَکَتْ أَیْمَانُکُمْ [And all married women except those whom your right hands possess]: "What is meant by it is married women. And إِلاَّ مَا مَلَکَتْ أَیْمَانُکُمْ [except those whom your right hands possess] means that if you have married your slave-girl to your male slave, whenever you wish, you may separate her from the slave." I said: "What if she is given in marriage to someone other than his slave?" He said: "Until he purchases that slave-girl, he cannot separate her from her husband; and if he buys her, she is like a commodity in another's hand — if the buyer wishes, he may separate her from her husband, and if he does not wish, he may leave her with him."

Imam Ali (peace be upon him): What is meant by this verse إِلَّا ما مَلَکَتْ أَیْمانُکُمْ [except those whom your right hands possess] concerns married women who have been taken captive or are slave-girls.

Ali ibn Ibrahim (may Allah have mercy on him): وَ أُحِلَّ لَکُم مَّا وَرَاء ذَلِکُمْ أَن تَبْتَغُواْ بِأَمْوَالِکُم مُّحْصِنِینَ غَیْرَ مُسَافِحِینَ [And lawful for you are all besides those, provided you seek them with your property, being chaste, not fornicators] — that is, marriage with chaste, non-adulterous women.

Imam Kazim (peace be upon him): Ali ibn Ja'far said: My brother Musa (peace be upon him) was asked about a man who has taken a woman in marriage and, in addition to her, has also married that woman's paternal aunt or maternal aunt. He said: "There is no objection, because Allah the Mighty and Majestic said: وَ أُحِلَّ لَکُمْ ما وَراءَ ذلِکُمْ [And lawful for you are all besides those]."

Imam Baqir (peace be upon him): Abu Basir said: I asked Imam Baqir (peace be upon him) about mut'ah (temporary marriage), and he said: "In the Qur'an this verse was revealed [concerning it]: فَمَا اسْتَمْتَعتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِیضَةً وَلاَ جُنَاحَ علَیْکُمْ فِیمَا تَرَاضَیْتُم بِهِ مِن بَعدِ الْفَرِیضَةِ [Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed]."

Imam Sadiq (peace be upon him): فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ إِلَی أَجَلٍ مُسَمّیً فَآتُوهُنَّ أُجُورَهُنَّ فَرِیضَةً [So those of them whom you enjoy for an appointed term, give them their dowries as an obligation] is a clear proof for the permissibility of mut'ah (temporary marriage).

Imam Sadiq (peace be upon him): The mut'ah (temporary marriage) which Allah has made lawful in His Book and which His Messenger (peace be upon him and his family) declared on Allah's behalf for the Muslims is [based on] the word of Allah, who said: وَ المُحْصَناتُ مِنَ النِّساءِ إِلَّا ما مَلَکَتْ أَیْمانُکُمْ کِتابَ اللهِ عَلَیْکُمْ وَ أُحِلَّ لَکُمْ ما وَراءَ ذلِکُمْ أَنْ تَبْتَغُوا بِأَمْوالِکُمْ مُحْصِنِینَ غَیْرَ مُسافِحِینَ فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِیضَةً وَ لا جُناحَ عَلَیْکُمْ فِیما تَراضَیْتُمْ بِهِ مِنْ بَعْدِ الْفَرِیضَةِ إِنَّ اللهَ کانَ عَلِیماً حَکِیماً [And all married women except those whom your right hands possess (this is) Allah's ordinance to you, and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication. Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed; surely Allah is Knowing, Wise]. The difference between mut'ah and permanent marriage is that in permanent marriage a mahr (dowry) is fixed for the wife, whereas in mut'ah only a wage is fixed for the wife. The Muslims used to perform mut'ah during Hajj in the time of the Prophet (peace be upon him and his family), and likewise in the time of Abu Bakr and during the first four years of Umar.

Imam Sadiq (peace be upon him): Abd al-Rahman ibn Abi Abd Allah said: I heard Abu Hanifa ask Imam Sadiq (peace be upon him) about mut'ah, and he said: "Which of the two mut'ahs are you asking about?" He said: "I had asked you about the mut'ah of Hajj; now tell me about the mut'ah of women — is it valid?" He said: "Glory be to Allah! Have you not read the Book of Allah, the Mighty and Majestic: فَمَا اسْتَمْتَعتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِیضَةً [Then as to those whom you profit by, give them their dowries as appointed]?" Abu Hanifa said: "By Allah, it is as though I had never read this verse before."

Imam Sadiq (peace be upon him): It is narrated from Mufaddal that he wrote a letter to Imam Sadiq (peace be upon him) and received the Imam's (peace be upon him) reply [in which he said]: "As for what you mentioned, that the Shia take turns with a single woman — I seek refuge in Allah that such a thing could be part of the religion of Allah and His Messenger (peace be upon him and his family). Allah's religion is that you consider lawful what is lawful and consider unlawful what is unlawful. Among the things that Allah has made lawful is mut'ah (temporary marriage) in the Qur'an, and the other is hajj al-tamattu'; He made these two lawful and did not thereafter forbid them. When a Muslim man decides to contract mut'ah with a woman, he acts according to the command of Allah and the sunnah of the Prophet (peace be upon him and his family); this is a marriage, not fornication, when both are agreed upon the amount and the term. As Allah says in this verse: فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِیضَةً وَ لا جُناحَ عَلَیْکُمْ فِیما تَراضَیْتُمْ بِهِ مِنْ بَعْدِ الْفَرِیضَةِ [Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed]. If both wish to extend the term for the same amount, on the last day, before the sun sets, they may add to the term whatever they wish. But if the last day has passed, they cannot extend it except with a new contract. There is no 'iddah between the two of them unless another man wishes to be with her, in which case she observes an 'iddah of forty-five days. In such a marriage there is no inheritance. Afterwards, if she wishes, she may marry another man. This is lawful for them until the Day of Resurrection — with seven men, or with twenty men, as long as she remains alive. All of this is lawful for them both, according to the limits which Allah has set: and whoever transgresses the limits of Allah has indeed wronged himself. (al-Talaq/1)."

Fiqh al-Rida (peace be upon him): May Allah keep you under the shelter of His mercy. Know that the kinds of marriage which Allah has commanded are four: the marriage of inheritance, whose [conditions are the presence of] a guardian, two witnesses and a specified dowry ... The second kind is marriage without witnesses and without inheritance, which is mut'a (temporary marriage), together with its attached conditions. Its conditions are that you ask the woman whether she is free or has a husband, whether she is in her waiting period ('idda) or pregnant. If the woman is free of these, the man says to her: 'Will you enter into marriage with me, on the basis of the Book of Allah and the Sunnah of the Messenger of Allah (peace be upon him and his family), as marriage and not fornication, on such-and-such a condition?' Then he specifies the dowry and the term, on the terms that you do not inherit from me nor I from you, that I may lie with you however I wish, and that when the term of the marriage ends you shall observe an 'idda of forty-five days. If she accepts, you say to her: 'You have given yourself to me in mut'a marriage,' and every condition made before the marriage is invalid, and the matter of the marriage is contracted only by the second statement. If she says 'yes' the second time, the man pays her the dowry or whatever of it is at hand, and the remainder is a debt upon him; at that point intercourse with her becomes lawful for him. It has been narrated that you should not take in mut'a a woman known for immorality and wickedness, and that you should invite the woman, before the mut'a, to something unlawful [to test her]; if she responds positively, do not contract with her. It has also been narrated, by way of leniency and ease in this matter, that if a man observes the payment and the term but does not question the woman and does not test her, there is no sin upon him. If the man wishes to extend the term and the dowry [to continue the sigha], it is not obligatory upon the woman to observe an 'idda. The 'idda is obligatory upon her for another man, unless the man gifts to her the remaining time of the mut'a. And it is the word of Allah, who said: فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِیضَةً وَ لا جُناحَ عَلَیْکُمْ فِیما تَراضَیْتُمْ بِهِ مِنْ بَعْدِ الْفَرِیضَةِ [Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed] — what is meant is increasing the dowry and the term. And a man may contract sigha with slave-women to whatever extent he wishes.

Imam Baqir (peace be upon him): Zurara said: Abdullah ibn Umayr al-Laythi came to Imam Baqir (peace be upon him) and said to him: "What do you say concerning the mut'a (temporary marriage) of women?" He said: "Allah made it lawful in His Book and upon the tongue of His Prophet (peace be upon him and his family), and it is lawful until the Day of Resurrection." He said: "O Abu Ja'far (peace be upon him)! You say this, when only recently Umar forbade it and prohibited its practice?" He said: "Even if he did so." He said: "I seek refuge in Allah for you from what you have said, that you would make lawful something that Umar has forbidden." He (peace be upon him) said: "Indeed you follow the opinion of your companion, and I follow the word of the Messenger of Allah (peace be upon him and his family). Come, let us engage in mula'ana (mutual imprecation) that the correct word is what the Messenger of Allah (peace be upon him and his family) said, and that falsehood is what your companion said." Abdullah ibn Umayr came forward and said: "Would it please you that your women, daughters, sisters and the daughters of your paternal uncle did such a thing?" He said: "When he mentioned his women and the daughters of his paternal uncle, the Imam (peace be upon him) turned his face away from him."

Imam Sadiq (peace be upon him): Al-Azdi said: I asked Imam Sadiq (peace be upon him) about mut'a. He said: "فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِیضَةً وَ لا جُناحَ عَلَیْکُمْ فِیما تَراضَیْتُمْ بِهِ مِنْ بَعْدِ الْفَرِیضَةِ [Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed]." And he said: I asked Imam Kazim (peace be upon him): "Is mut'a counted among the four (types of marriage)?" He said: "No." (Meaning it is not reckoned as a permanent marriage.)

Imam Sadiq (peace be upon him): People, in the time of the Messenger of Allah (peace be upon him and his family), used to perform mut'ah (temporary marriage) in the season of Hajj and at other times, and this practice continued through the time of Abu Bakr and through the first four years of Umar['s caliphate], until one day Umar went in to his sister Afra and saw that in her lap was a nursing infant drinking milk from her breast. When he saw this scene he became furious, cried out and was greatly enraged. He took the child and went to the mosque, ascended the pulpit and said: 'Announce to the people to come to the congregational mosque of the city.' Since it was not the time of prayer, the people understood that Umar must have some matter to attend to with them [and wanted to speak to them], so they gathered in the mosque. Umar said: 'O people of the Muhajirin and the Ansar, and O children of Qahtan, is there any among you who would like to see a forbidden act from one of his womenfolk, so that a nursing infant like this one comes out of her womb and suckles at her breast while she has no husband?' Some of the people said: 'No, we do not like this.' Umar said: 'Do you not know that my sister Afra, daughter of my mother Khaythama and my father al-Khattab, has no husband?' They said: 'Yes, we know.' He said: 'Just now I went in to her house and saw this child in her embrace, and I asked her: where did you get this child from? She said: I performed mut'ah. So, O people, know that this mut'ah, which was lawful for the Muslims in the time of the Messenger of Allah (peace be upon him and his family), I hold to be forbidden, and whoever refuses [this ruling], I will strike his two sides with the whip.' And there was no one in that gathering who rejected or denied his words, and there was no one who said that no messenger comes after the Messenger of Allah (peace be upon him and his family).

Imam Sadiq (peace be upon him): A verse of the Quran was revealed concerning mut'ah (temporary marriage), and the sunnah of the Messenger of Allah (peace be upon him and his family) was likewise.

Imam Sadiq (peace be upon him): He is not of us who does not believe in our raj'ah (return) and does not consider our mut'ah (temporary marriage) lawful.

Imam Sadiq (peace be upon him): Muhammad ibn Muslim said: I asked Imam Sadiq (peace be upon him) about the words of Allah the Mighty and Majestic: وَ لاَ جُنَاحَ عَلَیْکُمْ فِیمَا تَرَاضَیْتُم بِهِ مِن بَعْدِ الْفَرِیضَةِ [and there is no blame on you about what you mutually agree after what is appointed]. He said: 'Whatever the two parties mutually agree to after the marriage contract is permissible, and whatever was [agreed] before the marriage contract is not permissible except with her consent and in exchange for something the man gives her which she accepts.'

Imam Baqir (peace be upon him): Abu Basir narrates: Imam Baqir (peace be upon him) recited [this verse]: وَ لاَ جُنَاحَ عَلَیْکُمْ فِیمَا تَرَاضَیْتُم بِهِ مِن بَعْدِ الْفَرِیضَةِ [and there is no blame on you about what you mutually agree after what is appointed], and said: 'It means that a man marries a woman for a fixed term, and then, after the specified term ends, brings about a new arrangement.'

Imam Rida (peace be upon him): It is not necessary for a woman who is in mut'a (temporary marriage) with a man to observe an 'idda (waiting period) from him when they intend to extend the term, duration and dowry. That 'idda is only required if she wishes to enter mut'a with someone other than him — unless the man gifts her the remainder of the term of his mut'a. And this is the very word of Allah who said: اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِیضَةً وَ لا جُناحَ عَلَیْکُمْ فِیما تَراضَیْتُمْ بِهِ مِنْ بَعْدِ الْفَرِیضَةِ [So for whatever you enjoy from them, give them their appointed dowries; and there is no blame on you about what you mutually agree upon after the appointment], which is the very increasing of the dowry and the term.

Imam Baqir (peace be upon him): That is, the man increases the payment and the woman increases the term.

Imam Baqir (peace be upon him): Abd al-Salam narrates: I asked Imam Sadiq (peace be upon him) about the verse: وَ لا جُناحَ عَلَیْکُمْ فِیما تَراضَیْتُمْ بِهِ مِنْ بَعْدِ الْفَرِیضَةِ [and there is no blame on you about what you mutually agree upon after the appointment] — if a man wishes to extend the term of the mut'a and does so before the term of the mut'a has ended, what is its ruling? The Imam (peace be upon him) said: "There is no objection, provided that the extension of the term of the mut'a is with the consent of both parties." He also said: "He may also add to the term after the appointed time has ended."