The Ruling on Temporary Marriage
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Question:
He asks for an explanation of the saying of the Righteous, Blessed and Exalted is He: [Surat al-Nisa: 24]. The question is: Is temporary marriage lawful? I ask for an explanation of this verse?
Answer:
: These are the married women. It is forbidden to marry a married woman until her husband dies, or divorces her, and she completes her waiting period, [An-Nisa 4:24] except for those in your right hand, if they are captives taken by the Muslims, then they become lawful for the one who captured them... for the one who receives his share of the female slaves, it is lawful for him if he ensures her purity through one menstrual cycle, even if she had a husband among the disbelievers; her capture is a separation between her and her husband. [An-Nisa 4:24] meaning: adhere to the Book of Allah, this contains the legitimacy of mahr (bridal gifts), and that one seeks a wife with wealth, paying the wealth. This is what is prescribed, even if it is little in marriage, except for one who is unable; it is permissible to marry without wealth, such as teaching her something of the Qur'an, or something of the hadith, or teaching her some crafts, or beneficial sciences, due to the previous hadith regarding the story of the woman who gave herself, whom the Prophet (peace and blessings be upon him) married to a man who would teach her from the Qur'an.
As for temporary marriage, it was permissible at the beginning of Islam, then Allah forbade it afterward in the year of Khaybar, or it is said in the Farewell Pilgrimage, or it is said in the year of the Conquest. The point is that it was forbidden in the last days of the Hijrah. It was permissible for a man to marry a woman for one month, two months, one year, or two years, for a known duration with a known amount. When the duration ended, the marriage ended. This is temporary marriage, and then it was abrogated. The Prophet (peace and blessings be upon him) said:Sahih Muslim 1406d It was narrated by Muslim in the Sahih, and in the two Sahihs from 'Ali (may Allah be pleased with him) , he said: , taking pleasure in women.
So the point is; it was forbidden, and its permissibility ended, and it became forbidden for Muslims in the last period of the life of the Prophet (peace and blessings be upon him), and its permissibility was abrogated by the evidences of the Shari'ah. So it is obligatory to be cautious of that, and it is not permissible for a Muslim to marry a woman for temporary marriage, for a month, or two months, or a year, or two years. Rather, he must marry her for the desire in her. If she suits him, she remains with him, and if she does not suit him, he divorces her, without specifying a duration. This is what is prescribed. Yes.
He asks for an explanation of the saying of the Righteous, Blessed and Exalted is He:
And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise.
وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ اللَّهِ عَلَيْكُمْ وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِنْ بَعْدِ الْفَرِيضَةِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًاAnswer:
the married women
المحصناتexcept those your right hands possess
إلا ما ملكت أيمانكمthe decree of Allah upon you
كتاب الله عليكمAnd that you seek with your wealth
وأن تبتغوا بأموالكمAs for temporary marriage, it was permissible at the beginning of Islam, then Allah forbade it afterward in the year of Khaybar, or it is said in the Farewell Pilgrimage, or it is said in the year of the Conquest. The point is that it was forbidden in the last days of the Hijrah. It was permissible for a man to marry a woman for one month, two months, one year, or two years, for a known duration with a known amount. When the duration ended, the marriage ended. This is temporary marriage, and then it was abrogated. The Prophet (peace and blessings be upon him) said:
but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off
إن الله قد حرم ذلك إلى يوم القيامة، فمن كان عنده منهن شيء؛ فليخل سبيلهاIndeed, Allah has forbidden the meat of domestic donkeys, and has forbidden temporary marriage with women.
إن الله حرم لحوم الحمر الأهلية، وحرم المتعة من النساءSo the point is; it was forbidden, and its permissibility ended, and it became forbidden for Muslims in the last period of the life of the Prophet (peace and blessings be upon him), and its permissibility was abrogated by the evidences of the Shari'ah. So it is obligatory to be cautious of that, and it is not permissible for a Muslim to marry a woman for temporary marriage, for a month, or two months, or a year, or two years. Rather, he must marry her for the desire in her. If she suits him, she remains with him, and if she does not suit him, he divorces her, without specifying a duration. This is what is prescribed. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.