Question 565: Salamun alaykum. I shall appreciate help with regards to the following questions please.

1) Can a married man engage in temporary marriage with or without his wife’s permission?

2) Can a married man marry a second wife without his first wife’s permission?

Thanks!

Answer 565: Islam recognizes the permissibility of a man having four permanent and concurrent wives.  The man’s second marriage while he has a permanent wife, except in the case of marriage with the wife’s niece (her brother’s daughter, or sister’s daughter)[1], is not conditional upon consent of the first wife. But, if the wife [stipulates], as a condition of the marriage, that her husband cannot marry another woman, then, according to some jurists (Fuqahā), this condition is valid and the husband should not violate it.

The following are some opinions of our maraja concerning whether the first wife can stipulate the condition or not:

Imam Khomeini, Ayatollah Bahjat, Khamenei, Fadhil Lankarani, Makarim Shirazi and Noori Hamedani: No, this condition is not valid or binding, unless there is a condition that: “the wife has power of attorney from the husband, that if the husband remarries, she can carry out divorce”, this is valid.[2]

Ayatollahs Tabrizi, Sistani and Safi Golpayegani: Yes, this condition is valid and binding, and if after the marriage, the husband does not act upon this condition and remarries, then he has committed a sin.[3]

Ayatollah Wahid: according to obligatory precaution (Ihtīyāt Wājib), this condition is not valid and binding, unless there is a condition that: ” the wife has power of attorney from the husband, that if the husband remarries, she can carry out divorce”, this is valid.[4]

Justice in dealing with polygamy: The justice that is required [in dealing with polygamy] is related to the division [of time between them] in the sense that when he spends a night with one of them then, he must spend one night each with the rest of them in every four nights.The justice that is required as a recommendation is equality in spending money, giving attention, cheerfulness, and fulfillment of their sexual needs, etc.[5]

Getting married with People of the Book: Some jurisprudential scholars are of the opinion that if a Muslim man wishes to temporarily marry a ‘Ahlul Kitab’ (People of the Book) wife, while he has a permanent Muslim wife, then the permission of that first Muslim wife is a condition upon the second marriage.[6]

For a Muslim man to marry a woman from Ahlul Kitab permanently is against the compulsory precaution in any circumstance. And his temporary marriage to a Jewish or a Christian woman is allowed, only if he is not already married to a Muslim wife. If he has a Muslim wife, temporary marriage with an Ahlul Kitab woman is not permissible without her consent; nay, even with her consent, it is not permissible, based on compulsory precaution.

Conclusion: The man’s second permanent marriage or temporary marriage while he has a permanent wife, is not conditional upon the consent of his first wife. Unless, 1) he wants to marry his wife’s niece, 2) the woman stipulates a condition that her husband cannot marry another woman (but not according to all maraja’), 3) he wants to permanently marry a woman from Ahlul Kitab and his first wife is Muslimah.[7]

[1] . Tawzih al-Masael (annotated by Imām Khomeini), Vol. 2, p. 466.

[2] . Imam Khomeini, Istafta’at, Vol. 3, Section on rules of marriage, Q. 55. Ayatollah Makarim Shirazi, Istafta’at, Vol. 2, p. 907. Ayatollah Khamenei, Istaftā’, Q. 7.  Ayatollah Fazel, Jama‘ al-Masā’il, Vol. 1, p. 1533.  Ayatollah Noori, Istafta’at, Vol. 2, p. 637 and Ayatollah Bahjat, Tūḍīḥ al-Masā’il, Q. 2534.

[3] . Ayatollah Sistani, Minhāj al-Sālehīn, Vol. 2, Q. 333.  Ayatollah Tabrizi, Minhāj al-Sālehīn, Vol. 2, Q. 1395.  Ayatollah Safi, Jama‘ al-Ahkām, Vol. 2, Q. 5521.

[4] . Ayatollah Wahid, Minhāj al-Ṣālehīn, Vol. 3, Q. 9531. By using the Porsemān software

[5] . The official website of the office of Sayyid Sistani (ha), rules concerning Marriage, q&a.

[6] See: Siratul-Nijat, Sheikh Jawad Tabrizi, vol. 2, pg. 270. Related Question: Temporary marriage with women of the People of the Book, Question 1209.

[7] . For further information in this regards, please refer to answer 080 (Index:  Rules regarding temporary or permanent marriage with people of the book).