چکیده:
If marriage is attempted in the days of period during, there will be eternal sanctity between a man and a woman in two ways. These two cases have been crystallized in Articles 1050 and 1051 following the jurisprudence in the civil law. The first case is marrying a woman who is in the period during, even if intimacy does not take place, and the second case is ignorance of the period during, but with the occurrence of intimacy. There are many ambiguities and questions about these materials, including how, despite the principles and rules regarding the excuse of the ignorant, there is such a ruling about the ignorant person? Should the intromission cause sanctity at the time of the person or is it sufficient after that? What is the Shari'a ruling on children born from such a marriage? And most importantly, is there a way to call it eternal sanctity? The findings of this study indicate that one of the ways to get rid of eternal sanctity is that usually the form of marriage contract is performed by a lawyer. Therefore, the scope of a lawyer's power of attorney is "creating a valid contract", not a marriage that is corrupt and leads to eternal sanctity. Therefore, if the lawyer performs the form of a corrupt marriage, such a contract has no effect, and in order to fulfill the issue of sanctity, there must be an intercourse in the days of period during to prove the ruling of eternal sanctity, so if intimacy takes place after the marriage has ended, the woman as is not a married woman and intimacy does not cause respect.
خلاصه ماشینی:
For this reason, if an agent executes the formula of a void marriage contract, such a contract has no effect, and for the subject of prohibition to be realized, penetration must also occur during the Iddah period so that the ruling of eternal prohibition is established; thus, if intercourse occurs after the completion of the Iddah, the woman is not considered a married woman and the intercourse does not cause prohibition.
After presenting the issue of marriage during Iddah in the state of knowledge and awareness of the ruling and the subject, as well as in the case of ignorance but with intercourse during Iddah and the ruling of invalidity and eternal prohibition, the author of Jawahir states: "I found no disagreement among the Shia jurists in any of the matters mentioned.
It is worth mentioning that Considering the absolute nature of the verses and narrations of this chapter and the consensus established, there is no difference between the types of Iddah and the types of marriage, and in all cases, marriage during Iddah causes eternal prohibition (Eshtehardi, 1377 AH, Vol. 29: 211).
C - Narrations detailing eternal prohibition between knowledge and ignorance: "The Imam (as) was asked: We have heard that your father said if a man marries a woman during Iddah, she shall never be lawful to him, the Imam (as) said: This is in a case where he is knowledgeable; but if he is ignorant, they separate and the woman observes Iddah, then he marries her again with a new marriage contract (ibid).
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