The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No. 2131- A woman may suckle the child of another person without the permission of her husband provided that the right of the husband is not in any way violated.

Issue No. 2132- If a person wishes for his sister-in-law (his brother’s wife) to become his maḥram, he can contract a temporary marriage with a suckling girl with the permission of her legal guardian and at the same time his sister-in-law should breastfeed her fully. And as an obligatory precaution, the period of the temporary marriage should be long enough to include the time she is able to derive sexual pleasure, and that such a marriage should also be in the interest of the girl.

Issue No. 2133- Suckling a child which becomes the cause of being maḥram can be established by the following two ways:1- A number of persons whose word is reliable say so.2- When two just men or four just women testify to it. Rather, the obligatory precaution is that, if one just man and one just woman testify, it will be sufficient. However, the witnesses should tell the conditions of suckling. For example, they should say that they had witnessed that a certain child was suckled fully by a certain woman for fifteen times with the conditions that were mentioned in Issue No. 2116. In case however, we know that they are aware of all those conditions and they agree with each other in this regard, then it will not be necessary for them to explain them.

Issue No. 2134- If it is doubted whether or not a child has sucked the quantity of milk which causes becoming maḥram, the child does not become maḥram, and one needs to become certain of it.

Issue No. 2135- A man who divorces his wife must be sane, and as an obligatory precaution, he must also be mature, and he should divorce her out of his will. Hence, if someone compels him to divorce his wife, the divorce will be void. It is also necessary that he seriously intends to divorce. If, therefore, he pronounces the formula of divorce sarcastically, the divorce will not be valid.

Issue No. 2136- Based on obligatory precaution, the formula for divorce should be pronounced in correct Arabic, and it is obligatory that two just men hear it. If the husband himself wishes to pronounce the formula for divorce, and his wife’s name is for example, Fatima, he should say:زَوْجَتِي فاطِمَةُ طالِقٌ“Zawjatī Fatima Ṭāliq”(My wife Fatima is divorced)And if he appoints another person as his representative to pronounce the formula of divorce, the representative should say:زَوْجَةُ مُوَکِّلِي فاطِمَةُ طالِقٌ“Zawjatu Muwakkilī Fatima Ṭāliq”(Fatima, the wife of my client is divorced).

Issue No. 2137- It is necessary that at the time of divorce, the woman is pure from ḥayḍ (menstrual blood) and nifās (lochia or birth bleeding), and that the husband should not have had sexual intercourse with her during that period of purity, and if he had sexual intercourse with his wife while she was in ḥayḍ or nifās preceded by purity, the divorce is not sufficient as an obligatory precaution, rather she should enter ḥayḍ once again and become pure, and then she can be divorced. (The details of these two conditions will be given in the succeeding issues).

Issue No. 2138- It is valid to divorce a woman even if she is in ḥayḍ or nifās in the following three circumstances:1- If the husband has not had sexual intercourse with her at all after marriage.2- If it is known that she is pregnant.3- If the wife is absent, and the husband is unable or it is difficult for him to ascertain her being pure.

Issue No. 2139- If a man thinks that his wife is pure from ḥayḍ and divorces her, but it transpires later that at the time of divorce she was in the state of ḥayḍ, the divorce is void. On the contrary, if he knows that she is in the state of ḥayḍ and divorces her, and it transpires later that at the time of divorce she was not in the state of ḥayḍ, the divorce is valid.

Issue No. 2142- If a person has sexual intercourse with his wife who is pure from ḥayḍ or nifās, and then goes on a trip, and wishes to divorce her, but has no way of finding out whether she is pure or not, he should, as an obligatory precaution, wait for one month before he divorces her.

Issue No. 2143- If a man wishes to divorce his wife who does not have a monthly period due to illness, etc., he should refrain from having sexual intercourse with her for three months from the time he has had the last intercourse and then divorce her.

Issue No. 2144- There is no divorce in temporary marriage. Therefore, as soon as the period of the marriage expires or the man dismisses the remainder of the period of the marriage, the marriage bond is dissolved and it is not necessary for her to be pure from ḥayḍ or for there to be witnesses.