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Mahdiyya

Marriage batil and haram forever??

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Bismillah,

Assalamu 'aleykum,

A friend of mine has a really complicated problem! I couldn't find an answer for her so I need your help inshallah.

My friend didn't knew that she was still in her Iddah (Khul3 divorce) when she made a mut3a with another man. After the mut3a (it was only for 1 week and they had no sexual contact), they noticed that their mut3a was actually batil, cause their Mahr was just 100 Surat al-Fatiha, but according to her Marja Sayyid Ali Khamenei, a Mahr like this isn't allowed. And this makes their marriage batil. (Correct me if I'm wrong)

The question now is:
Was their mut3a really batil? And if yes, does it count as zina?
If not, are they forever haram to each other? Or can they marry after her Iddah is over, cause their Mut3a wasn't really an actual marriage?

Hope my question is clear. looking forward to your answers,

Thanks and salaam.

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Salam Alaykum. according to the Maraje including Ayatollah Khamenei the sexual contact is necessary for this (that they would be Haram for each other forever)) and in this case as you said they haven't so they can get married after while.

Edited by alabegh

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3 hours ago, alabegh said:

Salam Alaykum. according to the Maraje including Ayatollah Khamenei the sexual contact is necessary for this (that they would be Haram for each other forever)) and in this case as you said they haven't so they can get married after while.

Salam,

uhm.. I read a fatwa in farsi which said that if a man marries a woman during her iddah, she becomes forever haram to him, even if they had no sexual contact.
but yes, if the marriage was batil, then they needed to have sexual contact to be haram for each other after it. (in case of Zina)

That's why I'm asking if their marriage was batil or not. If it was batil, they can marry in future but if the marriage was sahih, they would be haram for each other according to the fatwa I read.
It's a little confusing.. hope you understand what I mean,

Just wanted to know if 
a) Their marriage was batil, because of the Mahr; and
b) if they are now haram for each other because of their intention of marrying during her iddah

Edited by Mahdiyya

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" they noticed that their mut3a was actually batil, cause their Mahr was just 100 Surat al-Fatiha, but according to her Marja Sayyid Ali Khamenei, a Mahr like this isn't allowed. " I asked this question from Ay. Sistani's office in the states.

This is what I got: "Yes, it can be a dowry (mehr) as long as she agrees to it" Sincerely I.M.A.M. team. I asked the question at www.imam-us.org

 

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:salam:

The dowry does not seem to be correct. A man reading a 100-Fatihas for a woman does not meet the appropriate conditions. You cannot "own" it and neither can you "return" it or its monetary value (it doesn't have a monetary value). This used to be up on Sayyid Khamanei's leader.ir website before - don't know where it is gone after they updated the website:

Quote

Temporary Marriage Mahr Should Be of a Monetary Value

Q1: Is it permissible that the mahr agreed upon in a temporary marriage be reciting some Qur’anic verses and giving the reward to the wife as a gift? Or it should be a material and tangible thing.

Q2: If not, then in case that a girl had conducted temporary marriage several times and in every time her mahr was just reciting certain chapter of the Qur’an and giving its reward to her as a gift, is her previous marriage contract ruled null? And is the sexual intercourse they did considered as fornication?

A1: Mahr of a temporary marriage should either be money/property or something of monetary value like teaching [her] a craft or how to read or the like and just giving her the reward of reading Qur’an cannot replace that.

A2: All the previously settled contracts, mentioned in the question, are void. The subsequently happened sexual relationships — if the two partners were ignorant of contract/s nullity — were not ruled as ḥarām, rather they were ruled as mistakenly done coitus. If sexual intercourse and penetration have taken place after those void contracts while the wife was not aware of their nullity, she has the right to claim (mahr al-mithl) — mahr of women with the same station — from the husband.

So since the mahr is invalid, the Mut'ah is invalid as well. Please note that this ruling (of an invalid mahr invalidating the contract all together) is for temporary marriage.

Quote

I read a fatwa in farsi which said that if a man marries a woman during her iddah, she becomes forever haram to him, even if they had no sexual contact.

But as for this, can you locate this Fatwa for us - first time I am hearing of this. Khul' in it of itself is a Talaq Ba'in - not Raj'i. So even if let's say intercourse took place (with an invalid Mut'ah), the couple would not become haram on each other forever (according to Sayyid Khamenei and most other jurists) because it was an 'iddah of a Talaq Ba'in, so I am a bit confused as to why they would become haram without intercourse.

Wassalam

Edited by Ibn al-Hussain

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14 hours ago, Ibn al-Hussain said:

 

:salam:

But as for this, can you locate this Fatwa for us - first time I am hearing of this. Khul' in it of itself is a Talaq Ba'in - not Raj'i. So even if let's say intercourse took place (with an invalid Mut'ah), the couple would not become haram on each other forever (according to Sayyid Khamenei and most other jurists) because it was an 'iddah of a Talaq Ba'in, so I am a bit confused as to why they would become haram without intercourse.

Wassalam

Salam,

That are two Fatwas I found on this case.

٢٣٩٨ اگر با زنى كه در عده طلاق رجعى است زنا كند آن زن بر او حرام مى‏شود و اگر با زنى كه در عده متعه، يا طلاق بائن، يا عده وفات است زنا كند، بعدا مى‏تواند او را عقد نمايد، اگر چه احتياط مستحب آن است كه با او ازدواج نكند و معناى طلاق رجعى و طلاق بائن و عده متعه و عده وفات در احكام طلاق گفته خواهد شد.

٢٣٩٩ اگر با زن بى‏شوهرى كه در عده نيست زنا كند، بعدا مى‏تواند آن زن را براى خود عقد نمايد، ولى احتياط مستحب آن است كه صبر كند تا آن زن حيض ببيند بعد او را عقد نمايد، بلكه احتياط مزبور حتى الامكان نبايد ترك شود، و همچنين است اگر ديگرى بخواهد آن زن را عقد كند.

 

Hope you understand farsi. You can see the Fatwas on this site: http://farsi.khamenei.ir/treatise-imam-content?id=532&tid=99

 

Wassalam

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On 6/12/2016 at 3:21 AM, Ibn al-Hussain said:

The dowry does not seem to be correct. A man reading a 100-Fatihas for a woman does not meet the appropriate conditions. You cannot "own" it and neither can you "return" it or its monetary value (it doesn't have a monetary value). This used to be up on Sayyid Khamanei's leader.ir website before - don't know where it is gone after they updated the website:

Use search google with these terms and there is a PDF file you can download:

PDF "Contents The Latest Questions" "Temporary Marriage Mahr Should Be of a Monetary Value"

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