13- Performing Marriage

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Article 241- Performing marriage is not permitted for Muhrim in the state of Ihram consisting men and women; even if he recites the sermon marriage or deputizes another person to do that, even if marriage performs permanently or temporarily, and marriage is invalidated in this way, and if he knows about the prohibition of that and performs marriage, then that women will be Haraam for him forever.

 

Article 242- It is not permitted that a Muhrim recites the sermon of marriage for another person, even if that person is in the state of Ihram or not and in this way marriage of that person is also invalidated, but that woman does not become Haraam forever, and in none of these cases atonement is obligatory.

 

Article 243- It is not permitted for Muhrim to attend a marriage ceremony as the witness, also (as obligatory precaution) it is not permitted to testify a marriage, although he has been the witness before Ihram, or propose for himself or another person.

 

Article 244- If Muhrim marry a woman knowingly for himself in the state of Ihram then that woman will become permanently Haraam for him as it has been said before, but if he performs this act because of ignorance about the issue then marriage is invalidated but that woman is not permanently Haraam for him and Mustahab precaution is not to marry her; especially if he has performed sexual intercourse with her.

 

Article 245- There is no difference between permanent and temporary marriage in these rulings.

 

Article 246- Whenever a non-Muhrim man marries a Muhrim woman for himself then it is obligatory precaution to divorce her and if he has known about the issue then that woman will be permanently Haraam for him as obligatory precaution.

 

Article 247- Returning to a woman who has been divorced by Ruj’ie (returning) divorce has not problem.

 

Article 248- Whenever a third person marry a woman for a man who is in the state of Ihram and that Muhrim man performs sexual intercourse and all three persons knows about prohibition of this matter then it is obligatory for each of them to pay the atonement of one camel, but if sexual intercourse is not performed then there is no atonement obligatory for any of them and there is no difference in this matter between that woman and marriage performer are Muhrim or not, and if some of them knew the ruling then it is obligatory to anyone who has known to pay the atonement.

 

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