Is marriage to a housemaid with the intention of divorcing her after a certain period—regardless of her knowledge of this—and with conditions such as not having children, secrecy, and inequality in spending and overnight stays, considered a void mut'ah marriage?
Scholars differ regarding the ruling on marriage with the intention of divorce, and the relied-upon opinion is that it is valid. As for stipulating some of the mentioned conditions, such as not having children, special treatment, the first wife paying the salary, or injustice in lodging and spending, and so on, these have no effect on the validity of the contract, because they contradict the essence of the contract.
Also, the first wife's unawareness of the marriage, the new wife's absence from the contracting session, or her being unknown does not affect the validity of the marriage.
However, if the marriage is without a true guardian and two witnesses, it is void. Otherwise, the contract is valid, and the conditions that contradict the essence of the contract are nullified.
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- 32889
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