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In the Name of God بسم الله

Muttah with same person

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Salam! I have a question regarding Muttah with same person. If someone does muttah and they agree to do it for a year. They then break up after a few months because of distance but get back together the next day. Do they have to repeat the contract and mahar again or no? They're still within the agreed period of 1 year. Can they just agree that they want to get back together without repeating or does everything have to be said again and repeated?

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Guest Reza Lahiji

The technical ‘divorce’ process in permanent marriages do not apply or exist with mutah contracts. For a mutah to end, one of two things must actualise: either the period ends or the man pardons the remaining time left. Hence, the answer to your question depends on your operative phrase “they then break up…”. Did this “breaking up” entail the man pardoning the rest of the time left? Did he say anything to this effect? In Arabic or English…

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On 4/25/2024 at 12:57 PM, Guest Reza Lahiji said:

The technical ‘divorce’ process in permanent marriages do not apply or exist with mutah contracts. For a mutah to end, one of two things must actualise: either the period ends or the man pardons the remaining time left. Hence, the answer to your question depends on your operative phrase “they then break up…”. Did this “breaking up” entail the man pardoning the rest of the time left? Did he say anything to this effect? In Arabic or English…

Salam! He just said "I agree to end muttah". Then decided next day that they wanted to stay together. 

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On 4/25/2024 at 8:27 PM, Guest Reza Lahiji said:

The technical ‘divorce’ process in permanent marriages do not apply or exist with mutah contracts. For a mutah to end, one of two things must actualise: either the period ends or the man pardons the remaining time left. Hence, the answer to your question depends on your operative phrase “they then break up…”. Did this “breaking up” entail the man pardoning the rest of the time left? Did he say anything to this effect? In Arabic or English…

 

7 hours ago, travelzee said:

Salam! He just said "I agree to end muttah". Then decided next day that they wanted to stay together. 

 

 

On 4/25/2024 at 4:13 AM, travelzee said:

Salam! I have a question regarding Muttah with same person. If someone does muttah and they agree to do it for a year. They then break up after a few months because of distance but get back together the next day. Do they have to repeat the contract and mahar again or no? They're still within the agreed period of 1 year. Can they just agree that they want to get back together without repeating or does everything have to be said again and repeated?

Salam they must repeat contract and mahar again  so then if woman must keep Iddah of first Mutah after ending of first Mutah .

 

According to grand Ayatollah sistani

Quote

Question: If a man after period of Mutah with the same woman , recites the temporary marriage again , but this time they do not have intercourse, does the woman have to keep an Iddah?


Answer: If it is meant that he has done  intercourse in the first stage but he  have not done intercourse in the second temporary marriage, then it is necessary for marrying with another person completes the first Iddah.

پرسش: اگر مردی پس از اتمام زمان صیغه موقت مجددا با همان زن صیغه بخوانند ولی اینبار نزدیکی نکنند آیا زن باید عده نگه دارد ؟
پاسخ: اگر مقصود این است که در مرحله اول نزدیکی کرده است در عقد دوم نزدیکی نکرده باشد که لازم است برای عقد با شخص دیگری عده اول به اتمام برساند.

https://hadana.ir/عده-ازدواج-موقت-چقدر-است/

 

According to Ayatollah Makarem Shirazi

Quote

13- The Iddah of a woman who  during  Iddah of  temporary marriage has temporarily married [again with same person]


Question: If a man and a woman perform Mutah together and after intercourse the man does munificence (gives away)  period or the period of the Mutah ends and after a few days and during the Iddah of the woman , the man returns to his Mutah and commits Mutah again to the woman and during the period of new Mutah , if intercourse does not take place and the woman menstruates three or more times, if the man does munificence (gives away) again, considering that intercourse did not take place, does the woman still have to keep Iddah after munificence (giving away)?


Answer: After completing the second contract, She must continue the number of the first Iddah.

13- عدّه زنی که در عدّه ازدواج موقت متعه شده
سؤال:اگر زن و مردی با هم متعه کنند و بعد از نزدیکی مرد بذل مدت نماید یا مدت صیغه تمام گردد و بعد از چند روز و در طول عدّه زن، مرد به متعه خود رجوع نماید و دوباره زن را متعه نماید و در طول مدت صیغه ی جدید، نزدیکی صورت نگیرد و زن سه بار یا بیشتر عادت ماهانه ببیند، اگر مرد مجدداً بذل مدت نماید با توجه به اینکه نزدیکی صورت نگرفته آیا باز هم زن بعد از بذل مدت باید عدّه نگه دارد؟
پاسخ:بعد از اتمام عقد دوم باید عدّه عقد اول را ادامه دهد.

https://portal.anhar.ir/node/2544#gsc.tab=0

 

 

 

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Guest Reza Lahiji
On 4/29/2024 at 6:06 PM, travelzee said:

Salam! He just said "I agree to end muttah". Then decided next day that they wanted to stay together. 

So the issue here is what was the intention behind the statement “I agree to end mutah”. If it was merely declarative (ikhbaari) then this does not qualify as actually pardoning the rest of the mutah time period. If however the intention was performative (inshaa’i) ie the intention behind the statement was to actualisé and ‘perform’ the pardoning of the rest of the period, then it’s likely that the mutah would have ended. 

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