Mut’ah or 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. It is not permissible for the husband to abandon sexual intercourse with his youthful, temporary wife for more than 4 months, rather, as per precautionary measures, he should not abandon sexual intercourse for the mention time period, even when the wife is old.
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.
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.
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 in spite of this lack of knowledge, she has no right to claim anything from her husband.
2436. It is permissible for a wife of temporary marriage to go out of the house without the permission of her husband, however, if the right of the husband is in anyway violated, it is Haraam for her to leave.
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 for different time period or amount of Mahr, if the woman consents to it on understanding the position, then the marriage will be valid, or else the marriage will be void.
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 a marriage of his minor son with a woman or his minor daughter with another person for a short period, provided that it does not involve any scandal or moral lapse for the daughter.
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, it seems that the purpose will be achieved. However, 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 Mut’ah 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.
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.