Liaison office of Grand Ayatullah Sayyid Ali Al Sistani (L.M.H.L) in London, Europe, North and South America.
2379. There are certain conditions for the Nikah recited for marriage.
They are as follows:
On the basis of precaution, the formula (Nikah) of marriage contract
should be pronounced in correct Arabic. And if the man and the woman cannot
pronounce the formula in correct Arabic, they can pronounce the Nikah in any
other language, and it is not necessary to appoint any representatives. But
the words used in translation must convey strictly the meaning of "Zawwajtu"
and "Qabiltu".
The man and the woman or their representatives, who recite the Nikah,
should have the intention of Insha' (i.e. reciting it in a creative sense,
making it effective immediately). In other words, if the man and the woman
themselves pronounce the formula, the intention of the woman by saying:
Zawwajtuka nafsi' should be that she effectively makes herself the wife of
the man; and by saying: "Qablitut tazwija" the man effectively accepts her
as his wife.
And if the representatives of the man and the woman
pronounce the Nikah, their intention by saying: 'Zawwajtu' and 'Qablitu'
should be that the man and the woman who have appointed them as their
representatives, have effectively become husband and wife.
The person who pronounces the Nikah (whether he pronounces it for himself
or has been engaged by some other person as his representative) should be
sane, and as a precaution, he should be baligh also.
If the Nikah is pronounced by the representatives or the guardians of the
man and the woman, they should identify the man and the woman by uttering
their names or making intelligible signs towards them.
Hence, if a
person has more than one daughters, and he says to a man: Zawwajtuka Ihda
Banati (i.e. I have given away one of my daughters to you as your wife) and
the man says: Qabiltu (i.e. I have accepted) the marriage contract is void,
because the daughter has not been identified.
The woman and the man should be willing to enter into a matrimonial
alliance. If, however, the woman ostensibly displays hesitation while giving
her consent, but it is known that in her heart, she is agreeable to the
marriage, the marriage is in order.
2380. If, while reciting the Nikah, even one word is pronounced
incorrectly, as a result of which its meaning is changed, the marriage contract
would be void.
2381. If a person pronouncing Nikah comprehends its general meaning,
and has a clear intention of effecting that meaning, the Nikah will be valid. It
is not necessary for him to know the exact meaning of each word, or to know the
laws of Arabic grammar.
2382. If Nikah of a woman is pronounced to a man without her consent,
but later both man and woman endorse the Nikah, the marriage is in order.
2383. If the woman and the man, or any one of them, is coerced into
matrimony, and they give consent after the Nikah has been pronounced, the
marriage is in order, although it is better that the Nikah be repeated.
2384. The father and the paternal grandfather can contract a marriage
on behalf of his minor son or daughter, or on behalf of an insane son or
daughter, if they are baligh. And after the children have become baligh or the
insane has become sane, he can endorse or abrogate it, if the contracted
marriage involves any moral lapse or scandal.
And if the marriage contract
does not involve any moral lapse or scandal, but the na-baligh son or daughter
calls off the marriage, then as an obligatory precaution, a Talaq or a renewed
Nikah, whatever the case may be, must be recited.
2385. If a girl has reached the age of bulugh and is virgin and mature
(i.e. she can decide what is in her own interest) wishes to marry, she should,
obtain permission from her father or paternal grandfather, although she may be
looking after her own affairs. It is not, however, necessary for her to obtain
permission from her mother or brother.
2386. In the following situations, it will not be necessary for a
woman to seek the permission of her father or paternal grandfather, before
getting married:
If she is not a virgin.
If she is a virgin, but her father or paternal grandfather refuse to
grant permission to her for marrying a man who is compatible to her in the
eyes of Shariah, as well as custom.
If the father and the grandfather are not in any way willing to
participate in the marriage.
If they are not in a capacity to give their consent, like in the case of
mental illness etc.
If it is not possible to obtain their permission because of their
absence, or such other reasons, and the woman is eager to get married
urgently.
2387. If the father or the paternal grandfather contracts marriage on
behalf of his na-baligh son, the boy, upon attaining bulugh, should pay
maintenance of his wife. In fact, he should start paying her maintenance before
becoming baligh, when he is able to consummate the marriage.
And the wife
should not be too young to have any sexual relation with the husband. And in the
situation other than these, there is a strong indication that she is entitled to
maintenance from the husband, therefore a compromise should be carried out as a
precaution.
2388. If the father or the paternal grandfather contracts a marriage
on behalf of his na-baligh son, they should pay the Mahr if the boy does not own
any means, or if either of them undertakes to pay the Mahr himself. In other
situations, the father or the paternal grandfather can pay Mahr from the boy's
wealth, but it should not exceed the proper usual Mahr customarily given in
similar cases. But if the circumstances demand that higher Mahr be paid, they
can pay it from the boy's wealth, and not otherwise, unless the boy approves it
after having become baligh.
2483. The following are the eight conditions under which suckling
child becomes the cause of being Mahram.
That the child sucks the milk of a woman who is alive. It is of no
consequence if milk is drawn from the breast of a woman who is dead.
That the milk of the woman should not be the product of fornication or
adultery. Hence, if the milk for an illegitimate child is breastfed to another
child, the latter will not become Mahram of anyone.
That the child sucks milk directly from the breasts of the woman. Hence,
if milk is poured into its mouth, it has no consequence.
That the milk be pure and unadulterated.
That the milk be of one husband only. Hence, if a breast-feeding woman is
divorced and then she marries another man by whom she becomes pregnant, if the
milk of the first pregnancy still continues from the breast till she gives
birth to the other child, and she feeds any child eight times with the milk
from her first pregnancy before giving birth, and feeds the same child seven
times with the milk from the second pregnancy, after giving birth, that child
will not become Mahram of anyone.
That the child does not throw up the milk due to illness. If it vomits
the milk, the suckling has no effect.
The suckling should be of such quantity that it could be said that the
bones of the child were strengthened and the flesh allowed to grow. And if
that cannot be ascertained, then if a child suckles for one full day and
night, or if it suckles fifteen times to its fill, as will be explained later,
it will be sufficient.
But if it is known that in spite of the child
having suckled for one full day and night, or for fifteen times, the milk has
not had any effect on the bones and the growth of flesh of the child, then one
should not ignore exercising the precaution.
That the child should not have completed two years of his age, and, if it
is suckled after it has completed two years of its age, it does not become
Mahram of anyone. In fact, if, for example, it sucks milk eight times before
completing its two years, and seven times after completing its two years, it
does not become Mahram of anyone.
But, if milk continues from the breast
for more than two years since a woman gave birth to her child, and she suckles
the child continuously, that child will become Mahram of those who have been
mentioned above.
2484. It is necessary that the suckling child should not have taken
any other food, or sucked milk from any other person, during one full day and
night. However, it it takes very little food, so little that one may not say
that it has taken any food in between, there is no harm in it.
Also, it
should have suckled the milk of only one woman fifteen times, and during these
fifteen times, it should not have sucked the milk of any other woman. And it
should have sucked milk every time without a gap, though, if while suckling milk
it pauses to breathe, or waits a little, in a manner that from the time it
started till the end, it is taken as one suckling, there is no objection.
2485. If a woman suckles a child from the milk of her husband, and
when she later marries another man, suckles another child from the milk of her
second husband, those two children do not become Mahram of each other, although
it is better that they do not marry each other.
2486. If a woman suckles several children from the milk of one
husband, all of them become Mahram of one another, as well as of the husband,
and of the woman who suckled them.
2487. If a man has more than one wife, and every one of them suckles a
child in accordance with the conditions mentioned above, all those children
become Mahram of one another, as well as of that man, and of all those wives.
2488. If a man has two nursing wives, and if, for example, one of them
suckles the child eight times and the other suckles it seven times, the child
does not become Mahram of any one of them.
2489. If a woman gives full milk to a boy and a girl from the milk of
one husband, the sisters and brothers of that girl will not become Mahram of the
sisters and brothers of that boy.
2490. A man cannot marry without the permission of his wife, those
women who became her nieces (sister's daughter or brother's daughter) owing to
the suckling of milk. Also, if a person commits sodomy with a boy, he cannot
marry his milk daughter, sister, mother and paternal grandmother by means of
sucking milk. This rule applies also in the situation where an active partner in
sodomy is not baligh, or when the passive partner is baligh.
2491. A woman who suckles the brother of a person, does not become
Mahram of that person, although the recommended precaution is that he should not
marry her.
2492. A man cannot marry two sisters even if they may be milk sisters,
that is, they have become sisters by means of suckling milk. If he marries two
women and understands later that they are sisters, if he married them at one and
the same time, both the Nikah will be void. But if he did not marry them at one
time, the first marriage will be valid, and the second will be void.
2493. If a woman suckles the following persons from her husband's
milk, her husband does not become haraam for her, although it is better to
observe precaution.
Her own brother and sister.
Her own paternal uncle and paternal aunt, and maternal uncle and maternal
aunt.
The descendants of her paternal uncle and her maternal uncle.
Her nephew (brother's son).
Brother or sister of her husband.
Children of her sister, or children of her husband's sister.
Paternal uncle and paternal aunt and maternal uncle and maternal aunt of
her husband.
Grand children of another wife of her husband.
2494. If a woman suckles the paternal aunt's daughter, or maternal
aunt's daughter of a man, she (the woman who suckles) does not become Mahram of
that man. However, the recommended precaution is that he should refrain from
marrying that woman.
2495. If a man has two wives, and one of them suckles the paternal
uncle's son of the other wife, the wife who suckled does not become haraam for
her husband.