2464. If a man marries a woman who is undergoing the ‘iddah of her marriage to another man, then in the event that both or one of them was aware that her ‘iddah has not terminated, and that marrying a woman who is in her ‘iddah is forbidden, the woman will forever be forbidden for him (to marry), even if they had not consummated their marriage.
2465. If a person marries a woman who is undergoing the ‘iddah of her marriage to another man, and he consummates the marriage with her, then that woman will forever be forbidden for him (to marry), even if he was not aware that she was in her ‘iddah, or did not know that it is forbidden to marry a woman in her ‘iddah period.
2466. If a person knows that a woman is married, and that marrying her is forbidden, but he marries her nonetheless, he will have to separate from her and she will forever be forbidden for him (to marry). The same applies if he does not know that she is married, but consummates the marriage with her.
2467. If a married woman commits adultery, she does not become forbidden on her husband. In the event that she does not repent, and persists in committing adultery, it is better for her husband to divorce her. In either case, he will have to give her the mahr.
2468. If a woman who is divorced, marries again after a period of time, but then doubts whether the ‘iddah of her first husband had expired when she contracted the marriage with her second husband, or not, then in the event that whilst she entertains this doubt she also entertains that possibility that she was not oblivious of her ‘iddah while contracting the marriage, her marriage contract with the second husband will be in order. Otherwise, the marriage contract will be problematic.
The same applies to a woman who was involved in a temporary marriage, and her husband gifts her the remaining period, or the marriage period comes to an end.
2469. The mother, sister and daughter of a boy who has been sodomized are forbidden (in marriage) for the one who sodomized him, given that the latter is b¡ligh. The same applies based on obligatory precaution to his grandmother and his daughter’s daughter.
In the event that the one who sodomizes is b¡ligh, or the one who is sodomized is not b¡ligh, if a marriage is contracted, obligatory precaution dictates that the woman separate from the man through a divorce. The same applies if a marriage is contracted with his grandmother or the daughter of his daughter. If he doubts whether penetration occurred or not, they will not be forbidden for him to marry.
2470. If a person marries the mother or sister of a boy, and after marrying her he sodomizes the boy, they do not become forbidden for him, although the recommended precaution is that he separate from his wife through a divorce, especially if she is the sister of the boy. In the event that the one who sodomized the boy divorces his wife, the obligatory precaution is that he does not marry her again.
2471. If a person marries a woman whilst he is in the state of i¦r¡m, the marriage contract will not be valid. In the event that he knew that marrying a woman in the state of i¦r¡m is forbidden, that woman will forever be forbidden for him (to marry).
2472. If a woman who is in the state of i¦r¡m marries a man who is not in the state of i¦r¡m, the marriage contract will not be valid. In the event that she knew that contracting a marriage in the state of i¦r¡m is forbidden, based on obligatory precaution that man will forever be forbidden for her (to marry).
2473. If a man does not perform §aw¡f al-nis¡’, which is one of rituals of Hajj and ‘umrah al-mufridah, his wife and other women who had become forbidden for him (to marry) owing to the state of i¦r¡m, will not become lawful for him. If a woman does not perform §aw¡f al-nis¡’, the man will not become lawful for her. However, if they perform it later on, they become lawful to each other.
2474. It is forbidden for a man to engage in intercourse with a girl he has married until she becomes b¡ligh. However, if he engages in intercourse with her before she completes nine years, it will not be forbidden for him to have intercourse with her after she completes nine years, even if the intercourse had resulted in if¤¡’ (which was explained in article 2444).
2475. A free woman ({^ One who is not a slave. (editor) ^}) who has been divorced three times by her husband, becomes forbidden for her husband (to marry). However if she marries another man with the conditions that will be elaborated in the section on divorce, her first husband may marry her again after the second husband divorces her or after he passes away, and she completes her ‘iddah.
2476. A woman who is involved in a permanent marriage cannot leave the house without the permission of her husband. She must also make herself available for every legal pleasure that he desires. She should also not stop him from engaging in intercourse with her without a legal excuse. If she performs these duties, it will be obligatory on her husband to provide her with food, clothing, housing and the rest of her needs, according to what is commonly acceptable. If he does not provide these to her, regardless of whether he is able to do so or not, he will be indebted to his wife.
2477. If a woman does not obey her husband in the duties that were mentioned in the previous article, she will have sinned. She will also have no right to claim food, clothing, housing and the rest of her needs from him. However, her mahr does not get voided.
2478. A man has no right to force his wife to perform housework for him.
2479. If the travelling expenses of a woman are more than her expenses in her own land, the extra is not the responsibility of her husband, unless it is a journey whose expenses are considered her financial right in the common sense. An example of this would be a woman who is sick, and her treatment is contingent on the journey. In this case, paying for the expenses of the journey—to the extent that is common—will be obligatory on her husband.
The same will apply if the husband wishes to take her on a journey.
2480. If paying for a woman’s expenses is the obligation of her husband, and he fails to pay for her expenses, then after she has demanded it from him, and he has refused to pay, she may appropriate her expenses from his property without his consent. Obligatory precaution dictates that if possible, she should seek the permission of the ¦¡kim al-shar’yy.
If she is unable to withdraw her expenses from his property, and she is also unable to compel him through the ¦¡kim al-shar’yy or his deputy, then if she has no option but to work for her livelihood, she will not have to obey her husband during the periods that she is working to acquire her livelihood.
2481. Obligatory precaution dictates that a man should stay with his permanent wife for one night in every four nights. However, if he has two wives, and he stays with one of them for a night, it is obligatory that he also stay with the other wife during one of the four nights.
2482. A man cannot refrain from having intercourse for more than four months with a young permanent wife. The same applies, based on obligatory precaution, to a wife who is not young, except in the following cases:
a. the wife consents to it;
b. it entails harm or hardship for the husband, in the event that it does not conflict with the harm or hardship caused to the wife;
c. the woman is recalcitrant;
d. it is stipulated within the marriage contract that the discretion of engaging in intercourse lies with the husband.
2483. If the parties fail to specify the mahr in a permanent marriage contract, the contract will be valid. In the event that the man has intercourse with the woman, he must pay her the mahr that women like her commonly receive. However, if the mahr is not specified in a temporary marriage, the marriage contract will be void.
2484. If a payment period is not specified for the mahr whilst pronouncing the marriage, the wife may refuse to have intercourse with her husband prior to receiving the mahr, regardless of whether he is able to pay it or not. However, if she consents to having intercourse before he pays her the mahr, and the man has intercourse with her, then she will not be able to refuse him from having intercourse again without a legal excuse.
2485. It is valid to marry a woman in a temporary marriage, even if it is not for the purpose of acquiring pleasure.
2486. The obligatory precaution is that a husband should not avoid intercourse for more than four months with his temporary wife, unless she consents to it.
2487. If a woman who is involved in a temporary marriage stipulates in the marriage contract that her husband should not have intercourse with her, the contract and the condition will both be valid. In this case, the husband will only be permitted to acquire other forms of pleasure from her. However, if she later consents to having intercourse, her husband may have intercourse with her.
2488. A temporary wife does not reserve the right to claim spousal support for her expenses, even if she becomes pregnant, unless she stipulates it within the marriage contract or any other binding contract. The same will apply if she stipulates it within a non-binding contract, for as long as it is valid.
2489. A temporary wife is not entitled to share the conjugal bed of her husband, nor does she inherit from her husband, nor does he inherit from her, unless inheritance is stipulated. In this case, whoever stipulates the condition inherits from the other partner.
2490. A woman who has been contracted in a temporary marriage is not entitled to the conjugal bed of her husband, nor any financial support, even if she was not aware of this precept. Her ignorance of the precept does not grant her a right over her husband.
2491. A woman with whom temporary marriage is contracted may leave the house without the permission of her husband. However, if the act of leaving the house violates a right of her husband, it is forbidden for her to leave the house.
2492. If a woman deputizes a man to marry her to himself for a specified time and a specified amount, and the man marries her to himself in a permanent marriage, or marries her for a period or an amount that is other than the specified one then, upon realizing this, if the woman consents to it, the marriage contract will be valid, and if she does not, it will be void.
2493. If a father or a paternal grandfather marries his son, who is able to derive sexual pleasure, to a woman for a short period of time, such as one hour, for the purpose of making her ma¦ram to himself, the marriage contract will be valid. The father or the paternal grandfather—by taking the son’s best interests into account—may then gift that period to the woman. They may also marry a non-b¡ligh daughter, from whom one is able to derive sexual pleasure, to an individual for the aforementioned period, with the purpose of making him ma¦ram. In both cases, the validity of the marriage contract is contingent on there being no harm or detriment for the minor.
