Sayed Khamene'i: Polygamy Is not Recommended

[Ali_Hussain]

According to Ayatollah Khamenei, polygamy is permissible (Jaʼiz), but it is not recommended (Mostahab). This view is not only strongly backed by Islamic jurisprudence (Fiqh), and consistent with the decree of some early and recent jurisprudents, but there is consensus upon this position and adherence to monogamy as maintained by Sheikh Tusi.

According to the Ijtihad Network, Ayatollah Abbas Kabi, a member of the Qom Seminary Teachers Society and Khuzestan People’s representative in the Assembly of Experts, commented to Fars Agency about issues raised by the Supreme Leader that polygamy is not recommended, offering a jurisprudential explanation of this issue.

1. The basis of marriage and intention of making family for men and women has been strongly recommended with a huge reward being promised for it in Islam. There are some Qur’anic verses and many traditions, in addition to the Muslim Consensus and the requirements of religion, even the necessity of religion, which have referred to this point. Marriage is deemed obligatory when there is dread of a committing a forbidden act in the event of abandoning marriage.
2. The permission to take two or more wives (up to four)for men, according to the Shari’a, in case of dispensing justice between spouses and financial ability to provide their costs of living, represents a religious decrees, and there is no dissent among jurists, including the grand marja, Ayatollah Khamenei,‌ on this subject. Obviously, the verdict of polygamy for different people could vary from obligatory to permissible, prohibited or execrable under various circumstances, such as the principle of marriage.

3- The verdict regarding the permissibility of polygamy not its recommendedness, apart from disparate conditions cited by Ayatollah Khamenei, is based not only on a deep jurisprudential argument, but also approval of the majority of the early and some later jurists.

The late Sheikh al-Taefa Tusi, nevertheless, argues that polygamy rather than being recommended is “not prohibited”, issuing an explicitly fatwa concerning the permissibility of polygamy, but recommending the adequacy of one wife, referring to a consensus amongst jurists about this fatwa.

The statement of Sheikh al-Taʻifa Tusi in the book “Mabsut” (vol. 6, p. 4) is as follows:

«یجوز للرجل أن یتزوج أربعا بلا خلاف و المستحب أن یقتصر على واحده»

(It is permissible for a man to have four wives without a dispute and it is recommended to suffice to only one wife” and in Khalaf (Vol. 5, p. 111), he says:

یجوز للرجل أن یتزوج أربعا بلا خلاف و الاستحباب أن لا یزید على من یعلم أن لا یقوم بها. و قال جمیع الفقهاء: المستحب الاقتصار على واحده

 (It is permissible for a man to have four wives without dispute, and it is recommended not to take more one wife unless one has the financial means. And all the jurists agree that “It is recommended to suffice to only one wife”)

After late Sheikh Tusi, late Qaḍi Ibn Baraj and late Tabarsi issued fatwas regarding the recommendedness of monogamy. The late Tabarsi, like the Sheikh, has an opposing view, expressing the consensus of the jurists regarding the recommendation of taking only one wife.

4- Evidences provided by the proponents of recommendedness of polygamy and its criticism: Basically, with regard to the recommendedness of polygamy, reference has been made to general and particular traditions that indicate the recommended nature of marriage and not the multiplicity of wives, and it is intrinsic to the principles of jurisprudence that an action denotes the essence of doing something not its repetition (nature is generated in the presence of one instance), and in our case, the act of marriage is realized in the first marriage.

However, from verse 3 of Sura Nisaa:

إِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِی الْیَتامى‌ فَانْکِحُوا ما طابَ لَکُمْ مِنَ النِّساءِ مَثْنى‌ وَ ثُلاثَ وَ رُباعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَواحِدَهً أَوْ ما مَلَکَتْ أَیْمانُکُمْ ذلِکَ أَدْنى‌ أَلَّا تَعُولُوا

(If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice), the late Sahib Jawahir and other late jurisprudents have not inferred the recommendedness of polygamy. That is, although they ultimately issued a fatwa regarding the recommendedness of polygamy, they used the verse merely as an indication of the permissibility of polygamy.

The late Ayatollah Sayyid Mohsen Hakim and, consequently, other exegeses and Commentator of ʻOrvato al-Voṣqa Book have cited this verse in connection with the recommendedness of polygamy, but in response to the negation of the recommendedness of polygamy and inference of permissibility from the verse, various aspects should be taken into account, which for the sake of brevity, we just point out that according to the principles of jurisprudence’s rule (Qaʻida Usul al-Fiqh), ordering after prohibition constitutes recommendation. The verse indicates the permissibility of polygamy not its recommendedness.

One of the exegeses of ʻOrvato al-Voṣqa Book, the late Ayatollah Sheikh Alipanah Eshtehardy, in the book “Madarek al-Orva” vol. 29, p. 20, has stated the permissibility of polygamy and renounced the recommendedness of polygamy. However, given its social effects and adverse consequences, he has expressed aversion to polygamy due to its multiple problems, as cited in verse 3 of Sura Nisaa.

He says:

هذا کلّه فی جواز التعدّد و أما استحبابه فلم أعثر على خبر یدلّ علیه، و التمسّک بالآیه کما ترى، إذ لیست فی مقام الترغیب إلى أصل النکاح، بل فی مقام آخر و لا سیّما إذا لوحظ صدرها بقوله تعالى وَ إِنْ خِفْتُمْ أَلّٰا تُقْسِطُوا فِی الْیَتٰامىٰ فَانْکِحُوا مٰا طٰابَ إلخ، بل الآیه الشریفه من المشکلات و المعضلات من جهه ارتباط الشرط و الجزاء فلاحظ التفاسیر. بل یمکن دعوى کراهه التعدّد فإنّه معرّض للزوجات للشنآن و البغضاء و للرجل لترک القسط و العدل و هو موجب لتعیّن الواحد

The late Ayatollah Sheikh Alipanah Eshtehardi, a great jurist and teacher of ethics in the Qom Seminary, about the translation and explanation of the above statement says:

“The rule of the permissibility of polygamy is clear. But the recommendedness of polygamy is not backed by any Qur’anic verse and tradition. However, verse 3 of Sura Nisaa is not intended to urge polygamy, but demonstrate the importance of taking care of orphans and dispensing justice about them. The verse, given the relationship between the condition (If ye fear that ye shall not be able to deal justly with the orphans) and its corollary (Marry women of your choice), is perceived to indicate difficulties and problems. The late Eshtehardi then sums up: polygamy is reprehensible on the account of its harassment and frustration of the wives and social problems, and the fear of failure to dispense justice amongst wives by a man. ”

In conclusion, according to the above said, it you can be gathered that the Ayatollah Khamene’s fatwa regarding the permissibility of polygamy and the negation of the recommendedness of polygamy has a strong argumentative and jurisprudential basis and credibility amongst early jurists such as Sheikh Tusi, Qadi Ibn Baraj and Tabarsi and contemporary jurisprudents such as the author of Madark al-Orvah, the late Ayatollah Sheikh Alipanah Eshtehard,and the argument about the recommendedness of the polygamy is not verified. Nevertheless, the consensus among the earlier jurists regarding the permissibility of polygamy and the recommendedness of monogamy in the Shari’a, irrespective of the dignity conditions of individuals, may be variable.

http://ijtihadnet.com/polygamy-permissible-not-recommended-ayatollah-khamenei/

[Ahmed_516478]

That's interesting, personally I'm not a fan of the idea of polygamy. Interesting to note is that the prophet (sawa) was monogamous for quite a while, throughout his entire marriage to Khadijah (as). I kinda think of it like the prophet's true love, its heartwarming to read about. In addition to this the year she and Abu Talib (as) died was termed the year of sorrow (عام الحزن‎). Here's an interesting narration from bukhari from Aisha, some riwayat of it mention the prophet (sawa) talking about the love in his heart for Khadijah (as). 

Narrated `Aisha:

I did not feel jealous of any of the wives of the Prophet (ﷺ) as much as I did of Khadija though I did not see her, but the Prophet (ﷺ) used to mention her very often, and when ever he slaughtered a sheep, he would cut its parts and send them to the women friends of Khadija. When I sometimes said to him, "(You treat Khadija in such a way) as if there is no woman on earth except Khadija," he would say, "Khadija was such-and-such, and from her I had children."

[Ali_Hussain]

10 hours ago, Shi3i_jadeed said:

That's interesting, personally I'm not a fan of the idea of polygamy. Interesting to note is that the prophet (sawa) was monogamous for quite a while, throughout his entire marriage to Khadijah (as). I kinda think of it like the prophet's true love, its heartwarming to read about. In addition to this the year she and Abu Talib (as) died was termed the year of sorrow (عام الحزن‎). Here's an interesting narration from bukhari from Aisha, some riwayat of it mention the prophet (sawa) talking about the love in his heart for Khadijah (as). 

Narrated `Aisha:

I did not feel jealous of any of the wives of the Prophet (ﷺ) as much as I did of Khadija though I did not see her, but the Prophet (ﷺ) used to mention her very often, and when ever he slaughtered a sheep, he would cut its parts and send them to the women friends of Khadija. When I sometimes said to him, "(You treat Khadija in such a way) as if there is no woman on earth except Khadija," he would say, "Khadija was such-and-such, and from her I had children."

I'm also not really a fan of polygamy, but I'm from the West so I approach it with that mindset.

As for this article, I'm not so sure that it really represents the general consensus of scholars, it seems more that this is a minority opinion given the lack of references provided. But I haven't looked into it, so I could be wrong.

[Soldiers and Saffron]

Lets see if WW3 changes peoples minds about the concept of polygamy.

[Urwatul Wuthqa]

3 hours ago, Ali_Hussain said:

According to Ayatollah Khamenei, polygamy is permissible (Jaʼiz), but it is not recommended (Mostahab)

And what he says about muta'a? Permissible but not Mostahab or something else?

[Ali_Hussain]

4 minutes ago, Salsabeel said:

And what he says about muta'a? Permissible but not Mostahab or something else?

As I recall, he considers it mustahabb.

[Urwatul Wuthqa]

1 minute ago, Ali_Hussain said:

As I recall, he considers it mustahabb.

hmm, Why he consider muta'a something different than polygamy? 

[Urwatul Wuthqa]

This means more than one nikah, whether temporary or permanent, is permissible but not mustahabb. Or if I am wrong, polygamy means permanent nikah only?

[Soldiers and Saffron]

4 minutes ago, Salsabeel said:

hmm, Why he consider muta'a something different than polygamy? 

Permanent marriage has some significant differences to temporary marriages, its not just about sex.

[Ali_Hussain]

5 minutes ago, Salsabeel said:

hmm, Why he consider muta'a something different than polygamy? 

It could also be that this article doesn't really represent his opinion, rather the opinion the author.

Or he has changed his opinion in recent years.

[Urwatul Wuthqa]

2 minutes ago, IbnSina said:

Permanent marriage has some significant differences to temporary marriages, its not just about sex.

I am questioning this in light of the rules mentioned in the OP. One also need to act justly with the woman he is in temporary marriage.

Edited May 10, 2018 by Salsabeel

[Soldiers and Saffron]

7 hours ago, Salsabeel said:

I am questioning this in light of the rules mentioned in the OP. One also need to act justly with the woman he is temporary marriage.

You are obligated to treat wives from temporary marriages the same as wives from permanent marriage? As far as I know that is not the case. 

[Urwatul Wuthqa]

2 minutes ago, Ali_Hussain said:

It could also be that this article doesn't really represent his opinion, rather the opinion the author.

Or he has changed his opinion in recent years.

This makes sense to me.

[Urwatul Wuthqa]

Just now, IbnSina said:

You are obligated to treat wives from temporary marriages the same as wives from permanent marriage? As far as I know that is not the case. 

We are obligated to act responsibly & justly with any of our wife. Whether permanent or temporary.
The offspring from temporary wife share different ration in inheritance than the offspring of permanent wife? 
Similarly, we need to be just in each & every aspect of our life. How is that morality where one loves his permanent wife & not love his temporary wife? He respects the permanent one but insults the other one. Give food & clothing to one but deprive the other from all these facilities?

[Urwatul Wuthqa]

Polygamy simply means to have more than one wife. Whether temporary or permanent. 

[Waseem162]

1 hour ago, Ali_Hussain said:

As I recall, he considers it mustahabb.

Mutah as mustahab? Reference please.

[Waseem162]

1 hour ago, IbnSina said:

Permanent marriage has some significant differences to temporary marriages, its not just about sex.

Who told you that Mutah is just about fulfilling ones sexual desires?

[Soldiers and Saffron]

2 hours ago, Waseem162 said:

Who told you that Mutah is just about fulfilling ones sexual desires?

Nobody told me that and neither did I say it. But mutah CAN be performed for the sole reason of satisfying your sexual needs, which is not the case when speaking of permanent marriage as it entails numerous responsibilities.

[Urwatul Wuthqa]

1 hour ago, IbnSina said:

But mutah CAN be performed for the sole reason of satisfying your sexual needs,

This doesn't spare you from the responsibilities. What do you say when a man do mutaa with a widow who has two kids, how should be the behavior of man with those kids? Does not the man responsible for the protection & well being of those kids ( on moral grounds)? 

And now assume a widow with no kids. How would she introduce her temporary husband before her family? Can the man do mutaa or nikah with her sister at the same time? 

There are responsibilities every where, in any relation and there is the need of justice every where, in any relation.

1 hour ago, IbnSina said:

which is not the case when speaking of permanent marriage as it entails numerous responsibilities.

In fact you have to have sex with your wife within certain time frame (3-4 months), it is not the case in mutaa.

[Soldiers and Saffron]

1 minute ago, Salsabeel said:

This doesn't spare you from the responsibilities. What do you say when a man do mutaa with a widow who has two kids, how should be the behavior of man with those kids? Does not the man responsible for the protection & well being of those kids ( on moral grounds)? 

And now assume a widow with no kids. How would she introduce her temporary husband before her family? Can the man do mutaa or nikah with her sister at the same time? 

There are responsibilities every where, in any relation and there is the need of justice every where, in any relation.

In fact you have to have sex with your wife within certain time frame (3-4 months), it is not the case in mutaa.

It would be interesting to read some study on this subject, to actually know what the differences are, do you have access to any such study? Maybe on al islam?

[Urwatul Wuthqa]

2 minutes ago, IbnSina said:

It would be interesting to read some study on this subject, to actually know what the differences are, do you have access to any such study? Maybe on al islam?

I know the differences & limitations, but on moral grounds, the only difference is the time limit.

[Guest]

On 5/10/2018 at 11:45 AM, Salsabeel said:

In fact you have to have sex with your wife within certain time frame (3-4 months), it is not the case in mutaa.

2431. The obligatory precaution is that a husband should not avoid having sexual intercourse for more than four months with a wife of temporary marriage.

https://www.sistani.org/english/book/48/2350/

On 5/10/2018 at 6:31 AM, Salsabeel said:

The offspring from temporary wife share different ration in inheritance than the offspring of permanent wife? 

As far as I know there is no difference.

Interesting OP. So based upon this the Masoomeen (as) did something which is not recommended in Islam?  

[Urwatul Wuthqa]

7 minutes ago, starlight said:

Interesting OP. So based upon this the Masoomeen (as) did something which is not recommended in Islam?  

 I thought the same when saw the OP. 

[Hameedeh]

Sayyid Moustafa Al-Qazwini also said polygamy is not recommended. He used the word mubah (permissible).

Quote

Fatma: Could a woman contract that her husband may not marry a second wife?

Sayyid: She is within her right to implement such a rule, provided the husband agrees.

Fatma: But you mentioned that the stipulation must not conflict with religious doctrine; yet, Islam allows the man to marry up to four women.

Sayyid: The key word is allowed, meaning it is permitted. It is important to note that marrying a second wife is not obligatory (wajib), it is permissible (mubah). 

See Chapter 2: Matrimonial Rights, Adolescence, Mahr  Get PDF

https://www.al-islam.org/a-new-perspective-women-islam-fatma-saleh-moustafa-al-qazwini/chapter-2-matrimonial-rights

[realizm]

Seriously, if you follow the qur'anic verse, you have very few chances to end up marrying several wives.

I thought no ahadith could go against the Qur'an but this issue proved that the Law has been somehow altered by the people to meet their convenience.

[Urwatul Wuthqa]

21 minutes ago, Hameedeh said:

It is important to note that marrying a second wife is not obligatory (wajib), it is permissible (mubah)

Yes, this is the case. 

But when anyone says marrying a second wife is permissible (mubah) but not recommended (mustahabb), that is a bit confusing. 

[Abu Hadi]

This is a long, complex discussion that I don't think most people on this site have the background knowledge to follow. The basic reason gist of it is that marriage is mustahab in itself, whether it is mutah or polygamy. But whether a specific marriage is mustahab could depend on the context. For example,  a man with little financial means decides to take on a second, permanent marriage. So because now he is supporting two wives instead of one, although he can provide the nafakhat for both, he is not able to be generous with both or provide for them in the same manner that was customary for them given their upbringing. So now fulfilling one mustahabat will keep him from fulfilling other mustahabat which may be more important(that is where the complex part comes in. Mustahabat are ranked and are not all on the same level). So in that context, the marriage may not be mustahab although it is still mubah. Another example is of an older man who has a young wife and then marries another young wife. Although he has the money to support them and be generous with them, he may not be able to fulfill the needs of both wives, physically(sexually) or emotionally, because of his older age and their younger age. So their needs not being fulfilled may push them toward haram. In this case, the marriage may not be mustahab, it may not even be mubah. 

There is the marriage itself, which is mustahab(a big +), then there are the other circumstances that will (most likely) be created by the marriage, which is the context. This is an equation, with + and -. The overall result of that equation could be positive or negative. If you could quantify each factor, you could say that you start out at 100(because marriage in itself is mustahab). Then you start subtracting for other factors(like the ones I mentioned above). The closer the total gets to zero, the less mustahab the marriage becomes, and if the total falls below zero, then the marriage is probably makhrooh(marriage can be makhrooh in some cases as per hadith of Imams(a.s)). How to quantify each piece of the context is the thing that takes skill and knowledge. 

There are millions of different scenarios. The point is, whether the marriage is mustahab or not depends alot on the context and the individuals involved. A marja' can give general principles, but a marjaa' cannot have a fatwa for every specific context, so we are expected to use our own knowledge and common sense and have empathy for all other parties to the relationship. 

 

Edited May 12, 2018 by Abu Hadi

[enigma313]

I wish wealthier men would practice polygamy. It would help so many women ...divorced, never married, widowed , with or without children. 

[Waseem162]

9 minutes ago, enigma313 said:

I wish wealthier men would practice polygamy. It would help so many women ...divorced, never married, widowed , with or without children. 

Refer to this - Men had to face many problems than one could imagine in this low minded world. 

 

[Ashvazdanghe]

Imam Khamenei's view on polygamy

According to Imam Khamenei, and based on reliable religious arguments, polygamy for men is “mubah” (neutral in terms of recommendation), but it is not “mustahab” (a recommended action). However, according to the reasoning of the Qur'an, it is conditional based on the assurance one can maintain justice between spouses. Therefore, whenever it is rationally probable that the wives will be treated unequally, another marriage for the husband is not permissible.

His Eminence’s outlook about multiple marriages (in Iranian society) is not optimistic or positive. This is why the following sentence has been repeated in his statements, "God is one, love is one, and the beloved is one."

https://english.khamenei.ir/news/7157/Imam-Khamenei-s-view-on-polygamy