He also has another question, and the truth is that it is very important. He says to me, a close friend who is dear to me, who is older than me and more experienced in life,
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The questioner : He also has another question, and the truth is that it is very important. He says to me, a close friend who is dear to me, who is older than me and more experienced in life. May Allah will that he complete his studies abroad in America. When he was about to travel, I began to bid him farewell and advised him to fear Allah and be mindful of Him in times of ease and hardship, and to stay away from all that is forbidden, especially committing unlawful sexual intercourse. I was surprised to learn that he intends to marry, if the situation calls for it, one of the American girls to protect himself from unlawful sexual intercourse. Then, after the duration of his studies, which is about three years, he will divorce her and return to his country as a bachelor, just as he was. So I advised him not to do that because it is considered a temporary marriage. I do not know if this is correct or if I made a mistake in my ruling. I hope you will inform me so that I can advise my friend and clarify the right path for him, knowing that he is of sound mind and does not reject advice. I ask you to clarify your opinion on this type of marriage.
The Shaykh : What we advise your friend is not to marry, because marriage has obligations, expenses, and consequences that follow it. Perhaps this woman will become pregnant with him and give birth to children who will be a burden on him and oblige him to keep this wife with him.
The questioner : Yes.
The Shaykh : Because he cannot divorce her in that situation. What we advise your friend and others who go to other countries to study is to be patient and to restrain themselves. Whoever restrains himself, Allah will protect him. But if they do not have patience and marry those whom it is permissible for them to marry, then there is no blame on them. However, if they stipulate in the contract that he will divorce her as soon as he travels, then this is undoubtedly a temporary marriage, and a temporary marriage is not permissible. This is because the Prophet (peace and blessings be upon him) forbade it, and what the Messenger of Allah (peace and blessings be upon him) forbade is as if Allah (Blessed and Exalted is He) forbade it, as He said:[Al-Hashr 59:7] and He said: [An-Nisa 4:80] As for if he marries someone whose marriage is valid in the countries he traveled to, and he did not stipulate that in the contract, meaning he did not stipulate that he will divorce her as soon as he travels, then this is not a temporary marriage, and it is permissible for him to do so. Yes?
The questioner : But if he intends that in his heart?
The Shaykh : If he intended that in his heart, the scholars have differed on whether it is a temporary marriage or not. The apparent view is that it is not a temporary marriage, as mentioned by Shaykh al-Islam (may Allah have mercy on him), because intention is not a binding condition. He may intend this and then change his mind and keep her, or he may marry her without such an intention and then leave her. So intention does not affect the ruling here, because as we mentioned recently, intention does not bind, unlike a condition. A temporary marriage is only established by a condition with a specific, defined time limit.
The questioner : May Allah reward you, O gentlemen. There remains from the message of the listener K.A.S. from Jeddah a question, and we hope to be able to answer it in a future episode.
O gentlemen, we have reached the end.
The Shaykh : What we advise your friend is not to marry, because marriage has obligations, expenses, and consequences that follow it. Perhaps this woman will become pregnant with him and give birth to children who will be a burden on him and oblige him to keep this wife with him.
The questioner : Yes.
The Shaykh : Because he cannot divorce her in that situation. What we advise your friend and others who go to other countries to study is to be patient and to restrain themselves. Whoever restrains himself, Allah will protect him. But if they do not have patience and marry those whom it is permissible for them to marry, then there is no blame on them. However, if they stipulate in the contract that he will divorce her as soon as he travels, then this is undoubtedly a temporary marriage, and a temporary marriage is not permissible. This is because the Prophet (peace and blessings be upon him) forbade it, and what the Messenger of Allah (peace and blessings be upon him) forbade is as if Allah (Blessed and Exalted is He) forbade it, as He said:
And whatever the Messenger has given you - take; and what he has forbidden you - refrain from
وما ءاتاكم الرسول فخذوه وما نهاكم عنه فانتهواHe who obeys the Messenger has obeyed Allah; but those who turn away - We have not sent you over them as a guardian.
من يطع الرسول فقد أطاع الله ومن تولى فما أرسلناك عليهم حفيظاThe questioner : But if he intends that in his heart?
The Shaykh : If he intended that in his heart, the scholars have differed on whether it is a temporary marriage or not. The apparent view is that it is not a temporary marriage, as mentioned by Shaykh al-Islam (may Allah have mercy on him), because intention is not a binding condition. He may intend this and then change his mind and keep her, or he may marry her without such an intention and then leave her. So intention does not affect the ruling here, because as we mentioned recently, intention does not bind, unlike a condition. A temporary marriage is only established by a condition with a specific, defined time limit.
The questioner : May Allah reward you, O gentlemen. There remains from the message of the listener K.A.S. from Jeddah a question, and we hope to be able to answer it in a future episode.
O gentlemen, we have reached the end.