Ruling 2388

If the man and the woman are to say the formula of a temporary marriage themselves, then after specifying the period and the amount of dowry, the woman says:

زَوَّجْتُكَ نَفْسِيْ فِي الْمُدَّةِ الْمَعْلُوْمَةِ عَلَى الْمَهْرِ الْمَعْلُوْمِ

zawwajtuka nafsī fil muddatil maʿlūmah ʿalal mahril maʿlūm

I wed myself to you for the agreed-upon period with the agreed-upon dowry.

After that, without there being any significant gap, the man says:

قَبِلْتُ

qabiltu

I accept.

If this is done, the marriage contract is valid. If the man and the woman each appoint an agent [to say the marriage contract formula on their behalf], then first the woman’s agent says to the man’s agent:

زَوَّجْتُ مُوَکِّلَتِيْ مُوَکِّلَكَ فِي الْمُدَّةِ الْمَعْلُوْمَةِ عَلَى الْمَهْرِ الْمَعْلُوْمِ

zawwajtu muwakkilatī muwakkilaka fil muddatil maʿlūmah ʿalal mahril maʿlūm

I wed my client to your client for the agreed-upon period with the agreed-upon dowry.

After that, without there being any significant gap, the man’s agent says:

قَبِلْتُ التَّزْوِيْجَ لِمُوَكِّلِي هٰکَذَا

qabiltut tazwīja limuwakkilī hākadhā

I accept the marriage on behalf of my client accordingly.

If this is done, the marriage contract is valid.[1]

—Ayatullah Sistani, Practical Laws of Islam, Marriage

Ruling 2387

If the man and the woman are to say the formula of a permanent marriage themselves, then after specifying the amount of dowry (mahr), the woman commences by saying:

زَوَّجْتُكَ نَفْسِيْ عَلَى الصِّدَاقِ الْمَعْلُوْمِ

zawwajtuka nafsī ʿalaṣ ṣidāqil maʿlūm

I wed myself to you with the agreed-upon dowry.

After that, without there being any significant gap, the man says:

قَبِلْتُ التَّزْوِيْجَ

qabiltut tazwīj

I accept the marriage.

If this is done, the marriage contract is valid (ṣaḥīḥ). The marriage contract is also valid if the man simply says:

قَبِلْتُ

qabiltu

I accept.

If the man and the woman each appoint an agent to say the marriage contract formula on their behalf, and if, for example, the name of the man is Aḥmad and the name of the woman is Fāṭimah, the woman’s agent says:

زَوَّجْتُ مُوَکِّلَكَ أَحْمَدَ مُوَکِّلَتِيْ فَاطِمَةَ عَلَى الصِّدَاقِ الْمَعْلُوْمِ

zawwajtu muwakkilaka aḥmad muwakkilatī fāṭimah ʿalaṣ ṣidāqil maʿlūm

I wed your client Aḥmad to my client Fāṭimah with the agreed-upon dowry.

After that, without there being any significant gap, the man’s agent says:

قَبِلْتُ التَّـزْوِیْجَ لِمُوَکِّلِيْ أَحْمَدَ عَلَى الصِّدَاقِ الْمَعْلُوْمِ

qabiltut tazwīja limuwakkilī aḥmad ʿalaṣ ṣidāqil maʿlūm

I accept the marriage on behalf of my client Aḥmad with the agreed-upon dowry.

If this is done, the marriage contract is valid. The recommended precaution (al‑iḥtiyāṭ al‑mustaḥabb) is that the words said by the man should be consistent with the words said by the woman. For example, if the woman uses the expression زَوَّجْتُ [zawwajtu], the man should respond with قَبِلْتُ التَّزْوِیجَ [qabiltut tazwīj] instead of قَبِلْتُ النِّكَاحَ [qabiltun nikāḥ].

—Ayatullah Sistani, Practical Laws of Islam, Marriage

Ruling 2386

One individual can be an agent for both parties to say the formula of the marriage contract, be it temporary or permanent. A man can be an agent for the woman to marry her to himself, both in a temporary marriage and a permanent one. However, the recommended precaution (al‑iḥtiyāṭ al‑mustaḥabb) is that the formula should be said by two individuals.

-Ayatullah Sistani, English Islamic Laws 4th Edition Page 421

Ruling 2385

If a woman appoints an agent to marry her to a man for ten days, for example, but she does not specify a starting date for those ten days, the agent can marry her to the man for ten days starting from whenever he likes. However, if it is known that the woman has intended a specific date or time, the agent must say the formula according to her intention (qaṣd).

-Ayatullah Sistani, English Islamic Laws 4th Edition Page 421

Ruling 2384

As long as the man and the woman are not confident (i.e. they do not have iṭmiʾnān) that their agent has said the formula, they cannot consider themselves legally married. Merely supposing (i.e. having ẓann) that the agent has said the formula does not suffice. In fact, if an agent says that he has said the formula but they do not have confidence in what he says, the obligatory precaution is that they must not heed what he says.

-Ayatullah Sistani, English Islamic Laws 4th Edition Page 421

Ruling 2383

The agent does not have to be a man; a woman can also be an agent on behalf of a party to say the formula of the marriage contract.

-Ayatullah Sistani, English Islamic Laws 4th Edition Page 421

Ruling 2382

To conclude a marriage contract, whether that be for a permanent marriage or a temporary one, a formula (ṣīghah) must be said; the mere consent of the man and the woman is not sufficient, nor is a written contract, based on obligatory precaution (al‑iḥtiyāṭ al‑wājib). The man and the woman can say the formula themselves, or they can appoint an agent (wakīl) to say it on their behalf.

-Ayatullah Sistani, English Islamic Laws 4th Edition Page 421

By means of a marriage contract, a man and woman become lawful (ḥalāl) for each other. A marriage contract is of two types: permanent (dāʾim) and temporary (munqaṭiʿ) [also known as ‘mutʿah’]. A permanent marriage contract is one in which no period is specified for the marriage. A woman married by such a contract is called a ‘permanent wife’ (dāʾimah). A temporary marriage contract is one in which a period is specified for the marriage, such as a marriage contract that is concluded with a woman for one hour, one day, one month, one year, or longer. However, the period specified for such a marriage must not exceed the lifespan of the husband and wife or one of them; otherwise, the contract is invalid (bāṭil). A woman married by such a contract is called a ‘temporary wife’ (mutʿah).[1]

-Ayatullah Sistani, Practical Laws of Islam, Marriage

Marriage

1. Marriage: Types of Marriage Contracts

2. Marriage: The Formula for a Marriage Contract

3. Marriage: A Woman as an Agent for the Marriage Contract

4. Marriage: Confidence That the Agent Has Said the Formula

5. Marriage: Appointing an Agent Without Specifying a Starting Date

6. Marriage: One Individual as an Agent for Both Parties

Method of Saying The Marriage Contract Formula (Sighah)

1. Marriage: The Formula for a Permanent Marriage Contract

2. Marriage: The Formula for a Temporary Marriage Contract

Ruling 2381

If a borrower does not know that the property he has borrowed is usurped, and it perishes in his possession, in the event that the owner acquires compensation from him, he in turn can claim from the lender what he gave to the owner. However, if the borrowed item is gold or silver, or if the lender stipulates a condition that in the event that the item is destroyed the borrower must replace it, then the latter cannot claim from the lender what he gave to the owner. However, if the owner takes something from him for using the property, he can claim that from the lender.

-Ayatullah Sistani, Practical Laws of Islam, Gratuitous Loan (ʿĀriyah)

Ruling 2380

If a person borrows some property he knows is usurped and uses it, and it perishes in his possession, the owner can claim compensation for the property and its use from the borrower or the usurper. If the owner acquires compensation from the borrower, the latter cannot claim from the lender anything he has given to the owner.

-Ayatullah Sistani, Practical Laws of Islam, Gratuitous Loan (ʿĀriyah)

Ruling 2379

If a person knows that the property he has borrowed is usurped, he must return it to its owner; he cannot return it to the lender.

-Ayatullah Sistani, Practical Laws of Islam, Gratuitous Loan (ʿĀriyah)

Ruling 2378

If a person lends some property he has borrowed to someone without the owner’s consent, in the event that the person who first borrowed it dies or becomes insane, the second person’s loan does not become invalid.

-Ayatullah Sistani, Practical Laws of Islam, Gratuitous Loan (ʿĀriyah)

Ruling 2377

A person cannot give on rent or lend an item he has borrowed without the owner’s consent.

-Ayatullah Sistani, Practical Laws of Islam, Gratuitous Loan (ʿĀriyah)

Ruling 2376

If a person lends an impure (najis) item, he must inform the borrower of this according to the instructions mentioned in Ruling 2065.

-Ayatullah Sistani, Practical Laws of Islam, Gratuitous Loan (ʿĀriyah)

Ruling 2375

If a borrower returns the loaned item to its owner, the owner’s agent (wakīl), or the owner’s guardian, and afterwards the item perishes, the borrower is not responsible for it. However, if the borrower takes the property to another location without the permission of its owner, the owner’s agent, or the owner’s guardian, he is responsible for it, even if the location is one to where the owner would usually take the property. For example, if [without permission] the borrower ties a horse in a stable that was built by the owner for that very purpose, and afterwards the horse perishes or someone causes it to perish, he is responsible for it.

-Ayatullah Sistani, Practical Laws of Islam, Gratuitous Loan (ʿĀriyah)

Ruling 2374

Lending a sheep to use its milk and wool, and lending a male animal to mate with a female one, is valid.

-Ayatullah Sistani, Practical Laws of Islam, Gratuitous Loan (ʿĀriyah)

Ruling 2373

Lending an item that has no lawful (ḥalāl) use – such as instruments of amusement and gambling – is invalid (bāṭil). The same applies to lending gold or silver utensils to eat and drink from. In fact, based on obligatory precaution, using these utensils in general is unlawful. However, it is permitted (jāʾiz) to lend them for decoration.[1]

-Ayatullah Sistani, Practical Laws of Islam, Gratuitous Loan (ʿĀriyah)

Ruling 2372

The lender and the borrower can annul the gratuitous loan agreement whenever they like.

-Ayatullah Sistani, Practical Laws of Islam, Gratuitous Loan (ʿĀriyah)

Ruling 2371

If the lender can no longer legally (sharʿan) have disposal over his property – for example, he becomes insane or unconscious – the borrower must act according to the sequence of steps mentioned in Ruling 2357 concerning deposits.

-Ayatullah Sistani, Practical Laws of Islam, Gratuitous Loan (ʿĀriyah)