چکیده:
In permanent marriage, spouses inherit from each other through the affinity relationship created between them; in temporary marriage, as a rule, spouses do not inherit from each other. Questions arise in this regard: Is the nature of temporary marriage fundamentally compatible with a condition of inheritance or not? Is the condition of inheritance valid and enforceable, and does it not conflict with the mandatory rules of inheritance? In this respect, there are four main views among Imami jurists, although the opinion of non-permissibility is the most famous. Another view states that, like permanent marriage, inheritance is also established in temporary marriage; even if they stipulate non-inheritance, the condition is void, and this view is attributed to Ibn Barraj; however, we will prove that no one holds this view and that legal scholars have mistakenly stated that there are four opinions on this matter. The third view states that if the condition is not waived, they inherit, as the essence of the contract requires inheritance; this view is held by Sayyid al-Murtada and Ibn Abi Aqil. The fourth view is that the essence of the temporary marriage contract does not require inheritance, but if they stipulate it, they inherit, and if they do not stipulate it, they do not inherit, as the nature of the contract does not necessitate inheritance. Our specific goal in this research is to clarify the nature of temporary marriage, as well as the permissibility of stipulating inheritance while preserving the temporary nature of the marriage, and to prove the validity of the inheritance condition. Ultimately, we reached the conclusion that the condition of inheritance within the contract is free from any flaw.
خلاصه ماشینی:
Another view states that, like permanent marriage, inheritance is also established in Mut'ah marriage; even if they stipulate non-inheritance, the condition is void, and this view is attributed to Ibn Barraj; we will prove that this view has no adherents and that legal scholars have mistakenly stated that there are four views on this matter.
4- In Mut'ah marriage spouses inherit from each other unless the cessation of it has been stipulated; however, the famous opinion and the contrary of the intent of Articles 940 and 1077 of the Civil Code also infer this matter, and opposing views have been re-examined, and their results and research are as follows: some other legal scholars believe that such a condition cannot be made in Mut'ah marriage.
(Muhaqqiq Damad, 1406 AH, Vol. 1, 12) - In narrations, the word shart has also come in the sense of 'option' (khiyar), such as "الشّرط فى الحيوان ثلاثة" meaning the days of the condition (option) in the transaction of animals is three days.
The covenant of Allah also means the laws of Allah, including both Taklifi (obligatory) and Wad'i (situational) laws; as in the following narration, shart has come in the sense of the divine covenant (the law of Allah): A man, within a contract, had stipulated as a condition that if he remarries, the wife shall be a divorced wife.
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