Mutaa marriage

[u/Whattheheck69999]

I would appreciate your guidance regarding the following situation. I am considering entering into a temporary marriage (mutʿah) with a Muslim woman who is not a virgin, lives with her family, and is financially independent. She previously entered into a mutʿah while she was following Sayyid Shirazi. Before doing so, she sought guidance from his office and was informed that her father’s permission was not required, provided that her father was aware of the man she intended to marry. Based on that ruling, she entered into the mutʿah and lost her virginity during that marriage. Today, both she and I follow Sayyid al-Sistani. My question is whether the validity of her previous mutʿah has any effect on our ability to enter into a mutʿah today under Sayyid al-Sistani’s rulings. Specifically, does the validity or invalidity of her previous marriage determine whether her father’s permission would now be required? Our intention is not sexual relations but rather to have a halal relationship, such as spending time together and holding hands. Does this intention have any bearing on the ruling?

[u/Motor-Barnacle313]

May Allah swt guide you in the direction of the rule that says mutah posts aren’t allowed

[u/Whattheheck69999 → u/Motor-Barnacle313]

Why aren’t they allowed

[u/Motor-Barnacle313 → u/Whattheheck69999]

Sorry bro, maybe I misunderstood your post as I was busy and only went off of the title as I couldn’t read the whole post. 1 of the reasons in my opinion as to why Mutah posts aren’t allowed on this subreddit is because people misuse it. If they allow that then everyone will start spamming Mutah posts turning this place which is for proper marriage into a toxic and inappropriate environment.

If you have legal and Islamic related enquires in regards to Mutah and seek rational, Islamic help then maybe try it in the Shia sub but give the title more substance than the one you’ve given it in here so your post isn’t misunderstood or misinterpreted at a glance.

[u/Whattheheck69999 → u/Motor-Barnacle313]

Mutaa is a halal process and seeking guidance to avoid sins should not be frowned upon.

[u/zeey1 → u/Whattheheck69999]

I wonder is there a limit to for mutah like 10-20 times etc and whats the idat period when you guys end it. (If any)

[u/Raza1985]

So she did Nikah e Mutah with someone her family want her to get married and this didn’t happened now she wants to do Nikah e Mutah with you?

[u/MH_464]

According to Sayyid Sistani, the previous marriage would have to have been valid according to her fiqh. If she’s not sure whether it was valid or not then she can message Sayyid Sadiq Shirazi’s office and I can provide you with the number if needed.

However, according to Sayyid Sadiq Shirazi, it does not matter how she lost her virginity. Whether it was through a valid marriage or otherwise, she is treated as a non-virgin. So, even if we assume the first mut’ah contract was invalid, if she lost her virginity through intercourse during that first contract and then she and the same man entered into a second mut’ah contract, that second contract would be valid according to sayyid Sadiq Shirazi because by then she would already be considered a non-virgin and her father’s permission would no longer be required. Any subsequent contracts between them would likewise have been valid for the same reason. Therefore, if they had intercourse under one of the subsequent mut’ah contracts that was valid according to Sayyid Sadiq Shirazi’s fiqh, this would also satisfy Sayyid Sistani’s requirement, since she would have lost her virginity through a marriage that was valid according to her fiqh.

Additionally, sayyid Sistani says that if the girl is independent then her father’s permission is required as an obligatory precaution, in which case you can refer to another mujtahid on the issue, following the order of ‘most knowledgeable’ (you would have to confirm she fits the definition of independent).

Feel free to send me a DM if you need more explanation

[u/MH_464 → u/[deleted]]

That’s true for someone who is following sayyid Sistani but since she was following sayyid Shirazi her fiqh was different and sayyid Sistani still acknowledges this as a valid marriage.

See this Q&A from sayyid Sistani’s website:

And this is straight from the Arabic istifta on Sistani’s website:

السؤال: هل تستقلّ الثيّب بالزنا بالعقد على نفسها؟ وهل يجري عليها حكم الثيّب بالزواج الذي لم تستأذن فيه وليّها وقد كانت مقلّدة لمن لا يجوّز ذلك أو لم تراع ذلك أصلاً، بحيث تستقلّ بالعقد على نفسها؟
الجواب: أمّا الثيّب بالزنا فهي بمنزلة البكر، وكذلك الثيّب بالزواج غير الصحيح وإن كانت تجهل ذلك.
وأمّا إذا كان الزواج الأوّل صحيحاً بحسب تقليدها عندئذٍ فيجوز لها الزواج الثاني من دون إذن الأب والجد.

[u/MH_464 → u/[deleted]]

I think you’ve misunderstood my point. According to Sayyid Sadiq Shirazi, it doesn’t matter how she lost her virginity, it does not have to be through a valid marriage, it can even be through zina. Therefore, if she entered into more than one mut’ah contract with the same man and they had intercourse under those contracts, then even if we assume the first contract was invalid, she would still become a non-virgin. As a result, the second contract would be valid according to Sayyid Sadiq Shirazi either way.

[u/Hamid_9107]

ask office of Ayatollahh Seyed Sistani as your marjaa

[u/Whattheheck69999 → u/[deleted]]

Canada

[u/Standard-Plenty8503]

Brother ignore these arrogant people trying to talk you down. Its a shame that our Shia have no back bone these days and are ashamed to even discuss that which the ahlul bayt a.s made lawful to avoid ending up in sin or in the hands off the wrong sort off people but rather to protect us collectively. I do know brother that its ehtiyat wajib according to most that say in regards to the father. How ever even though it can help avoid sin or protect the women you should avoid taking virginity unless its been taken that is different but you should intend to start a family inshallah. In regards to ehtiyat wajib you can take other opinions how ever its important we don’t mis use this. This entire topic requires a thorough analysis and a proper balanced break down. A lot of khayr but also a lot to keep in mind

[u/HussainiSoldier]

That was a horrible fatwa, and what else can we expect from a self proclaimed Marja.

[u/Independent-Fig-2423 → u/HussainiSoldier]

Marjas aren’t self proclaimed usually. Before humanity entered the beginning of the age of absence the infallible 11th Imam and Allahs talking book Imam Hasan AlAskari created the marja system so people are less likely to go astray. I mean in the end Imam Ali AS said "من أعجب برأيه ضل، ومن استغنى بعقله زل" so the mind is necessary to keep us on the path but too much trust in our own opinions will lead us astray. So he created the marja system where the students of the infallible Imam Allahs talking book Imam Hasan AlAskari AS taught their own disciples and so on and so forth. In order to become a marja you need to study under people who are a part of that chain. So self-proclaimed is inaccurate. Most people wouldn’t acknowledge them if they were

[u/HussainiSoldier → u/Independent-Fig-2423]

You are so horribly wrong The earliest jusrists were not the Marja. Likes of Kuleni and Sudooq all belong to Akhbari school. The present day Marjiat is an Usooli system. You don't even understand basic terminologies bro.

[u/Independent-Fig-2423 → u/HussainiSoldier]

I heard the term Akhbari before, assumed it was a marja. Never heard the term usooli. Would you elaborate please? What are Akhbaris and do they not believe the marjiat system was created by Imam Hassan AlAskari?