A person contracted a temporary marriage with a notorious fornicator. After completing the contract and while being intimate with her, he doubted whether she was married. Is he required to investigate and confirm her marital status, and is there a sin upon him if he engages with her after having doubts about her being married? Note: He asked her if she was married after his doubt, and she denied it, claiming she was divorced. I follow the teachings of Sayyid Sistani.
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1 Answer
Peace be upon you and God's mercy and blessings.
Your question can be divided into two parts:
Part One: Is it permissible to contract with a notorious fornicator?
Sayyid Sistani: Contracting with a notorious fornicator, unless she repents, is considered invalid as a precautionary measure. It is essential to refer to question 4358 for additional details related to this ruling.
Sayyid Khamenei: It is permissible if she is a Muslim or a person of the Book, albeit with dislike, especially if she is known for her promiscuity. If he does so, he should prevent her from immorality. It is also necessary to refer to question 4358 for additional details related to this ruling.
Part Two: Is it necessary to investigate and confirm that she is not married?
Sayyid Sistani: It is a strict precaution to inquire about her status before marriage, whether she has a husband or is in a waiting period, especially if she is suspected (as if it is likely that she does not care about being married or not). However, after marriage, it is not advisable to ask, even if he receives information that raises suspicion about her. If he does ask and finds a contradiction, it will have consequences.
Refer to question 428.
Sayyid Khamenei: It is permissible to marry a woman who claims to be free from a husband (not married) with the possibility of her truthfulness, without investigation, even if she had a previous husband and claims to be divorced or that he has died. However, if she is suspected in her claim, it is preferable (recommended) to investigate her status.
Source:
Sayyid Sistani: Minhaj, Part Three, Issues 260, 261
Sayyid Khamenei: Special Inquiry.