Continuation of the explanation of the hadith: (Ali (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) prohibited temporary marriage in the year of Khaybar. Agreed upon by al-Bukhari and Muslim.)
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The Shaykh : I say: Is the intention of temporary marriage like its condition? That is, if a person is in a foreign land and wants to marry a woman, and his intention is to divorce her when he leaves the country, is this a temporary marriage by intention? Is that not so? The scholars differed on this issue with two opinions. The well-known view in the school of Imam Ahmad ibn Hanbal among his followers is that it is forbidden and not permissible. They cited evidence and analogy for this. As for the evidence, they said: The Prophet (peace and blessings be upon him) said: This was an intention of a delayed marriage, so what he intended is established for him. As for the analogy, they said: If a person marries a woman to make her permissible for her husband who has divorced her three times, by intention rather than by condition, the marriage is defective, just as if that were stipulated in the contract. They said: If the marriage for the purpose of making permissible is established by intention, then so is the marriage of temporary pleasure. Moreover, in the marriage for the purpose of making permissible, the family of the wife does not know what this husband intends. Now, as for those who said it is permissible, they said: The difference between it and the marriage of temporary pleasure is that in the marriage of temporary pleasure, when the time limit expires, the marriage is dissolved by virtue of the condition the husband imposed on himself and the woman also imposed on herself. But in the case of intention, the marriage is not dissolved, because his intention may change and he may desire the woman and keep her as his wife. However, I see that it is forbidden, even if we say that it is not temporary marriage, because it involves deceiving the wife and her family. If the wife knew that this man only wants to enjoy her for a few days and then divorce her, she would not agree to it, and her family would not agree to it. Especially since she may become undesirable if her virginity is broken and she becomes a non-virgin. Especially since some countries of disbelief hold that a divorced woman cannot marry for the rest of her life, and in that case, she would expose herself to unlawful sexual intercourse. Therefore, we see that this is forbidden, not from the side of the contract, meaning even if we concede that the intention does not affect the contract, there is still a prohibition from another side, which is deception.
If a person wanted to marry your daughter or your sister with this intention, do you think he is deceiving you?
The student: Yes.
The Shaykh : Yes, without a doubt, you would see that he is deceiving you. If you knew that this was his intention, you would not have married her to him. So treat others as you would like to be treated.
If someone says: The opinion that it is permissible provides a way out for strangers and prevents them from committing unlawful sexual intercourse?
The answer to this is easy: We say that the remedy for the fear of unlawful sexual intercourse was explained by the Messenger (peace and blessings be upon him). He said:Mishkat al-Masabih 3080 So if you are able to perform a valid marriage, marry with a valid marriage, not with the intention that you will divorce her. And if you are not able, then you should fast. This is how the Messenger of Allah (peace and blessings be upon him) explained it to us. As for committing what is prohibited in order to satisfy desire and out of fear of trial, as they say, this is not correct. The fear of trial due to not marrying, the Messenger of Allah (peace and blessings be upon him) explained its remedy to us, so let us take this remedy. As for committing what is prohibited and deceiving people and cheating them, this is not sound and is not correct.
As for what the brother Muhammad Salama claimed, that we began to explain the wisdom in the prohibition of temporary marriage and that you mentioned the first wisdom, the first one, this can be completed now.
We say that among the rulings in the prohibition of temporary marriage is that it contradicts the purpose of marriage, because the purpose of marriage is affection, building the marital home, and having children. And this, I mean temporary marriage, does not include this wisdom. Why? Because the husband himself feels that he is parting from this wife; the most he does is satisfy his desire for a few days or months and then leave her. So the affection that brings peace to the heart is not achieved, neither between the husband nor the wife. Is that clear?
Second: The husband in this situation will try, as much as possible, that the woman does not give birth, because he is parting from her soon. He will try, as much as he can, that he does not have children. And in that case, these fluids that were in the process of producing children are wasted without what? Without benefit.
Third: There is a great harm to women in this, because this man who wants to marry a temporary marriage has no specific limit in number; he marries as much as he wants. How many can he enjoy in one night?
The student: Twenty.
The Shaykh : No, twenty is too many. With ten women, ten women in a month, thirty nights, ten in thirty, three hundred women have their virginity broken and are wasted. Yes, and if we assume that those who engage in temporary marriage are in the tens, how many women are ruined? All the virgins lose their virginity without benefit. Who will marry her when she is not a virgin? Only a person who has a need that prevents him from attaining a virgin, and he marries a non-virgin woman, or for another need or another purpose, he chooses a non-virgin over a virgin.
And among them also: There is humiliation of the woman and a disregard for her dignity in this, because this person who engages in temporary pleasure becomes like a male goat among the sheep; he does not care about women or take an interest in them, as if he was given authority over them only to satisfy his desire.
And among them also: All the rulings that follow from marriage are missing in temporary marriage, so there is enjoyment without the rulings of marriage being established upon it, such as inheritance, the bridal gift, children, and so on. All of these are lost, and this is undoubtedly destruction. For this reason, it was wise that Allah (Glorified and Exalted is He) prohibited temporary marriage. In the hadith of Sirah ibn Ma'bad al-Juhani, the Messenger (peace and blessings be upon him) prohibited it until the Day of Resurrection. He prohibited it until the Day of Resurrection. And on this basis, abrogation is not possible, because if a ruling is restricted to the Day of Resurrection, it cannot be abrogated after that. Because if we said that abrogation is permissible, we would say that lying about what? The news of the Messenger (peace and blessings be upon him) is permissible, and this is impossible.
Actions are only by intentions
إنما الأعمال بالنياتIf a person wanted to marry your daughter or your sister with this intention, do you think he is deceiving you?
The student: Yes.
The Shaykh : Yes, without a doubt, you would see that he is deceiving you. If you knew that this was his intention, you would not have married her to him. So treat others as you would like to be treated.
If someone says: The opinion that it is permissible provides a way out for strangers and prevents them from committing unlawful sexual intercourse?
The answer to this is easy: We say that the remedy for the fear of unlawful sexual intercourse was explained by the Messenger (peace and blessings be upon him). He said:
Young man, those of you who can support a wife should marry, for it keeps you from looking at strange women and preserves you from immorality; but those who cannot should devote themselves to fasting
يا معشر الشباب من استطاع منكم الباءة فليتزوج، فإنه أغض للبصر وأحصن للفرج، ومن لم يستطع فعليه بالصومAs for what the brother Muhammad Salama claimed, that we began to explain the wisdom in the prohibition of temporary marriage and that you mentioned the first wisdom, the first one, this can be completed now.
We say that among the rulings in the prohibition of temporary marriage is that it contradicts the purpose of marriage, because the purpose of marriage is affection, building the marital home, and having children. And this, I mean temporary marriage, does not include this wisdom. Why? Because the husband himself feels that he is parting from this wife; the most he does is satisfy his desire for a few days or months and then leave her. So the affection that brings peace to the heart is not achieved, neither between the husband nor the wife. Is that clear?
Second: The husband in this situation will try, as much as possible, that the woman does not give birth, because he is parting from her soon. He will try, as much as he can, that he does not have children. And in that case, these fluids that were in the process of producing children are wasted without what? Without benefit.
Third: There is a great harm to women in this, because this man who wants to marry a temporary marriage has no specific limit in number; he marries as much as he wants. How many can he enjoy in one night?
The student: Twenty.
The Shaykh : No, twenty is too many. With ten women, ten women in a month, thirty nights, ten in thirty, three hundred women have their virginity broken and are wasted. Yes, and if we assume that those who engage in temporary marriage are in the tens, how many women are ruined? All the virgins lose their virginity without benefit. Who will marry her when she is not a virgin? Only a person who has a need that prevents him from attaining a virgin, and he marries a non-virgin woman, or for another need or another purpose, he chooses a non-virgin over a virgin.
And among them also: There is humiliation of the woman and a disregard for her dignity in this, because this person who engages in temporary pleasure becomes like a male goat among the sheep; he does not care about women or take an interest in them, as if he was given authority over them only to satisfy his desire.
And among them also: All the rulings that follow from marriage are missing in temporary marriage, so there is enjoyment without the rulings of marriage being established upon it, such as inheritance, the bridal gift, children, and so on. All of these are lost, and this is undoubtedly destruction. For this reason, it was wise that Allah (Glorified and Exalted is He) prohibited temporary marriage. In the hadith of Sirah ibn Ma'bad al-Juhani, the Messenger (peace and blessings be upon him) prohibited it until the Day of Resurrection. He prohibited it until the Day of Resurrection. And on this basis, abrogation is not possible, because if a ruling is restricted to the Day of Resurrection, it cannot be abrogated after that. Because if we said that abrogation is permissible, we would say that lying about what? The news of the Messenger (peace and blessings be upon him) is permissible, and this is impossible.