CHAPTER NINE

CHAPTER NINE
TEMPORARY MARRIAGE
The Sunnis and the Shias agree that temporary marriage was regarded as an allowable thing in the early days of Islam. This is confirmed by both Imâms Al-Bukhârî and Muslim and other compilers of Hadîth. The Sunnis, however, believe that temporary marriage was later forbidden and contradict the Shias for continuing to practice it. They (the Shias) still rely on early hadîths and reports that confirm temporary marriage while neglecting later sahîh [authentic] ones that forbid it. The Sharî`ah clearly tolerated temporary marriage, at one point, but it was later forbidden absolutely and for all time. Wine was also tolerated and deemed allowable in the beginning of Islam, but later prohibited. By the same token, the Companions used to eat the flesh of domestic donkeys before being prohibited. In a nutshell, temporary marriage, wine, and domestic donkey flesh were all forbidden after having been allowable.
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Shia scholars recognize that some hadîths are abrogated by later ones. Their books also support the repeal of verses in the Qur’ân by hadîths.1 With regard to temporary marriage, Shia scholars view that it was forbidden by `Umar Ibnul-Khattâb, while `Alî Ibn Abû Tâlib confirmed its prohibition during his Caliphate, and the Companions did not object to this.
`Alî would not confirm something that was incorrect, and he would not as well conceal any part of religious knowledge that came to him. Allah took the covenant of people who have knowledge to explain the truth, and not to conceal any part of what they know. Further, the Prophet has said, “Whoever conceals anything of religious knowledge will be bridled on the Day of Resurrection with a bridle of fire.”2
Besides, the temporary marriage practiced and propagated by the Shias is completely different from the one that was once allowable in the early days of Islam and later forbidden for good.

Consider the following points:
* The Shia have made temporary marriage an essential pillar of religion, and declared that whoever maintains that it is forbidden has denied religion. According to Ibn Bâbawayh Al-Qummî [As-Sadûq] and Al-Kâshânî, Imam Ja`far As-Sâdiq said, "Temporary marriage is [a part] of my religion and the religion of my predecessors.
Whoever practices it practices our religion. Whoever denies it denies our religio, —
believes in something other than our religion."3
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1 Al-Murtadâ, Nahjul-Balâghah, p. 26.
2 Abû Dâwûd and At-Tirmidhî, and Al-Albânî confirms that it is a sahîh (authentic) hadîth, see Al-Albânî, At-Targhîb, No. 116.
3 Ibn Bâbawayh Al-Qummî, Man lâ Yahduruhu Al-Faqîh, 3:366 and Fathul-Allâh Al-Kâshânî, Tafsîr Manhaj As-Sâdiqîn, 2:495.
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* The Shias hold that temporary marriage is an act of merit that averts Allah's wrath. According to them, the Prophet said, "Whoever contracts a temporary marriage is safe from the wrath of the Compeller [Allah]."4
* The Shias link temporary marriage with Allah's forgiveness, and claim that Jibrîl (Gabriel) said to the Prophet during his ascension to heaven, "O Muhammad, Allah said, 'The women of your nation who have contracted a temporary marriage will earn My forgiveness.'"5
According to Ibn Bâbawayh Al-Qummî, a man came to Imam Ja`far As-Sâdiq and asked whether the person who contracts a temporary marriage be rewarded? "If he does it for the Sake of Allah Almighty," the Imam replied, "Allah will record a good deed for him for every word he tells her. He will earn the forgiveness of Allah for sleeping with her. [Afterwards,] when he bathes himself, he will be forgiven for every drop of water that touches him."6
* The Shias made temporary marriage a deed to be rewarded with Paradise. They strongly believe that thanks to it, a person will be ranked with the Prophets in Paradise.
They claim that the Prophet said, "Whoever contracts a temporary marriage is safe from the wrath of the Compeller [Allah]. Whoever contracts twice will be among the righteous. And whoever contracts three times will approach my rank in Paradise."7
* The Shia scholars caution people that failure to contract a temporary marriage will reduce their reward on the Day of Resurrection. They say, "Whoever leaves the
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4 Fathul-Allâh Al-Kâshânî, Tafsîr Manhaj As-Sâdiqîn, 2:493.
5 Ibn Bâbawayh Al-Qummî, Man lâ Yahduruhu Al-Faqîh, 3:463.
6 Ibid. 3:366.
7 Ibid. 3:366.
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world without having contracted a temporary marriage will be brought back on the Day of Resurrection mutilated."8
* There is no limit on the number of temporary wives a man can have at one time.
A man could marry as many as he likes in this way, even a thousand or more.9
* The Shia scholars permit temporary marriage to a virgin, without the permission of her guardian, and without witnesses.10 This contradicts the Prophet's manifest instructions, "No marriage [is valid] except with [the consent of] a guardian and [in the presence of] two witnesses."11
* The Shia scholars also permit temporary marriage with underage girls. According to Al-Kâfi, Ja`far As-Sâdiq was asked about whether a young girl could be taken as a temporary wife. He said, "Yes, so long as she is not (so young) as to be mislead." When someone asked him what this meant, he said, "Ten years".12
* The Shia scholars also permit anal copulation with wives and claim that Imam `Alî Ar-Ridâ maintained that this was permitted by a verse in the Qur’ân, “… since Lût (Lot) said to his people {"…O my people, these are my daughters; they are purer for
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8 Fathul-Allâh Al-Kâshânî, Tafsîr Manhaj As-Sâdiqîn, 2:495.
9 Muhammad Ibnul-Hasan Ibnut-Tûsî Sheikh of At-Tâ’ifah, Al-Istibsâr fîmâ Ikhtulifa fîhi min Al-Al-Akhbâr, 3:143 and Muhammad Ibnul-Hasan Ibnut-Tûsî, Sheikh of At-Tâ’ifah, Tahdhîb Al-Ahkâm, 7:259.
10 Muhammad Ibnul-Hasan Ibnut-Tûsî, Sheikh At-Tâ’ifah, Tahdhîb Al-Ahkâm, 7:254 and Najmud-Dîn Al-Hillî, Sharâ’i` Al-Ahkâm, 2:186.
11 Related by Imâm Ahmad on the authority of `Â’ishah, and is regarded as a sahîh (authentic) hadîh by Ibn Hibbân, Al-Bayhaqî and Ad-Dâraqutnî. See Al-Albânî, Irwââ Al-Ghâlîl, No.1858.
12 Al-Kâfî fi Al-Furû`, 5:463, At-Tûsî, Al-Istibsâr, 3:145, and Tahdhîb Al-Ahkâm, 7:255.
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you…"}13 According to them, Lût said so though he knew that his people did not want to have intercourse through the vagina.
* According to the Shia scholars, there is no need to ask a woman before entering into a temporary marriage with her whether she is already married or a prostitute, since the only condition for temporary marriage is to pay an agreed upon sum of money (mahr)14 to the woman. According to an account related by Al-Kulaynî, a man once came to Ja`far As-Sâdiq and said, "I travel from time to time and it could happen that I see an attractive woman, but I cannot be sure whether she is married or not." Ja`far told him, "It is not your responsibility to discover this. You only need to pay her the dowry." Who knows, perhaps temporary marriage would help fallen women abandon prostitution, as Khomeini mentions in his book Tahrîr Al-Wasîlah.15
* The Shia scholars maintain that the minimum time limit for a temporary marriage may be a month, or a day, or may be even an hour or less. The minimum time is simply the time it takes for a man to have intercourse with a woman.16 They call this "loaning private parts."
BUT, if a man contracts a temporary marriage with a prostitute, and pays her the marriage settlement in exchange for sex, is this still prostitution? Besides, if we accept that the minimum period for temporary marriage is one month, as some Shia scholars maintain, then a woman could “marry” twelve men in the course of a year. What kind of honorable and respectable Muslim would allow his daughter, or sister, or mother, to
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13 At-Tûsî, Al-Istibsâr, 3:243 and Tahdhîb Al-Ahkâm, 7:514. 14 Dowry: A kind of compensation specified in the marriage contract or after concluding it, and is to be paid by the husband. [trans].
15 Cf. At-Tûsî, Tahdhîb Al-Ahkâm, 7:253.
16 Al-Kâfî fl Al-Furû`, 5:460 and At-Tûsî, Al-Istibsâr, 3:151.
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marry twelve men every year? Further, how many could she marry if the minimum period was less than one month? Could a woman spend her time jumping from bed to bed and say this is in the name of the Sharî`ah? Where is the decency and modesty Islam has given women? Does this not contradict the hadîth in which the Prophet (PBUH) has said, "Indeed, I have been sent to perfect noble manners."?17 Those who zealously defend temporary marriage still refuse to allow their sisters, daughters, and mothers, to practice it believing that what is good for others is not good for them.

Debate on Temporary Marriage
This calls to mind an argument between two people, one Sunni and one Shia, about the temporary marriage:
“What is your opinion about temporary marriage?” the Sunni asked.
“It is allowed, and a good thing,” the Shia replied.
“I am a stranger here,” said the Sunni, “and have no wife in this country, could you lend me your sister or daughter as a temporary wife until I go back to my country?”
The Shia lost his temper and started cursing and insulting him.
Temporary marriage is an offense against women's honor and a despicable thing that turns them into a cheap commodity in the hands of those who hope to change doctrine [from Sunni to Shia]. The Shias use temporary marriage to entice the weak spirited, and
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17 Al-Bukharî, Al-Adab Al-Mufrad No. 273 and Al-Albânî, Silsilat Al-Ahâdîth As-Sahîhah, No 45.
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entangle them in their sect and present temporary marriage as an advantage of Shiism, something other Muslims do not have. Lust in the name of religion may attract young people who have little control of themselves. Those with base natures will be attracted to the unrestricted indulgence of sexual desire. The notion of temporary marriage denies women's honor in the name of love for the Household of the Prophet and lowers the lofty and noble status of women guaranteed by Islam.