When Does the Waiting Period of Doubtful Intercourse Begin?

Question

A person contracted a temporary marriage with a woman and had intercourse with her, but it turned out that the contract was invalid due to a missing condition. Consequently, the intercourse is considered doubtful. [AR_ID:5594]

Answer 1

Peace be upon you.

Grand Ayatollah Sayyid Sistani (may Allah protect him):

1) The waiting period for doubtful intercourse begins when the act is completed. However, if it was with an invalid marriage (as in this case), there are two opinions: whether it starts from the completion of the act or from the moment the situation becomes clear. The more cautious approach is the second one (i.e., from when the situation becomes clear, not from the completion of the act).

2) If the woman involved in the doubtful intercourse is single, the man who had intercourse with her can marry her during her waiting period, and he is not required to wait until the waiting period ends. The waiting period only prevents her from marrying another man before it ends, and it incurs a permanent prohibition if he does so with knowledge or after having had intercourse. It does not prevent him from marrying her again if there are no other obstacles.

3) Yes, she needs a second waiting period after the temporary marriage contract.

4) Since both waiting periods are from the same person, they overlap.

Source: Minhaj al-Salihin Vol. 2 - M 569 + M 573 + M 572 + Official website

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Grand Ayatollah Sayyid Khamenei (may Allah protect him):

1) It is obligatory to start the waiting period from the moment the doubt is resolved.

2) If the woman was not married at the time of intercourse and is not in another's waiting period, he can marry her even during the waiting period of doubtful intercourse.

3) She must observe a waiting period after the expiration of the temporary contract or its annulment.

4) After the expiration of the temporary contract or its annulment, she must begin her waiting period, and it is more cautious to consider the waiting period of doubtful intercourse (which starts from the moment the doubt is resolved) within the duration of the temporary contract and its waiting period. After that, she can marry another man.

Source: Special Inquiry.

May you be successful in all good.