Rulings on Marriage Contract – Issue 13 – Sayyid’s Opinion – Differences Between Imam and Sayyid
First Session: Rulings on Marriage Contract – Issue 13 – Sayyid’s Opinion – Differences Between Imam and Sayyid
Date: September 30, 2023
Scholars as Guardians of Society’s Intellectual and Moral Frontiers
As this is the first session of our discussion, it is customary to begin with the luminous words of the Infallibles (peace be upon them), whose teachings serve as a guiding light for us. Therefore, we start by reciting a narration from Imam Sadiq (peace be upon him) before delving into our topic.
Imam Sadiq (peace be upon him) said: “The scholars of our Shia are the guardians at the frontier facing Iblis (Satan) and his minions, preventing them from attacking the weak among our followers and from allowing Iblis and his allies to dominate them.”
The Imam explains that Shia scholars are the sentinels of this school of thought, safeguarding the intellectual and ideological boundaries of our community. They protect the beliefs, morals, and ethics of society. But where is this frontier, and who stands in opposition to the scholars? The Imam clarifies that on the opposing side are Iblis and all his forces—demons, evildoers, and those considered his minions. Imagine the borders of two hostile nations: on one side stand the Islamic and Shia scholars and jurists, vigilant at the frontier; on the other side are Iblis and his soldiers. The term ‘afarit (plural of ‘ifrit), meaning demons or malevolent beings, is sometimes applied to jinn or any evil entity. These are all considered soldiers of Iblis.
In this analogy, two opposing forces are constantly clashing at the border. Scholars and jurists must remain vigilant day and night, with open eyes, attentive ears, and sharp senses. Thus, the most critical responsibility of a religious scholar is to tirelessly guard the beliefs, ethics, convictions, and practices of society. The frontier they defend is where Iblis and his minions lie in wait, always plotting surprise attacks. Iblis and his forces often strike covertly, launching stealth assaults. Guarding these borders to prevent or repel such attacks is a profound responsibility.
The narration continues: “They prevent them from attacking the weak among our followers.” The primary role of Shia scholars is to shield the vulnerable from the assaults of Iblis and his followers. Naturally, intellectual attacks first harm those with weaker beliefs or limited knowledge. We witness this today, as relentless attacks on religious beliefs flood virtual and non-virtual spaces, spreading various doubts and misconceptions. A doubt (shubha) differs from a question. A question seeks clarification and requires an answer, which is straightforward. However, a doubt, in its precise sense, is a falsehood dressed in the guise of truth, presented attractively to appeal to people’s inclinations. Today, social media and other platforms are rife with such doubts, targeting every aspect of religion. These primarily affect the weak, and Shia scholars, as guardians, prevent Iblis and his forces from attacking these vulnerable individuals. The narration concludes: “And from allowing Iblis and his followers to dominate them.” Scholars ensure that Iblis and his allies cannot gain control over the weak among the Shia.
The critical task of religious scholars is to safeguard the intellectual, ideological, and moral boundaries of the religious community. How much attention do we pay to this responsibility? In an environment filled with challenges, how diligently do we fulfill this duty? Have we prepared ourselves to be vigilant guardians? By choosing this path, we have accepted the role of sentinels, and we must commit to its demands—constant vigilance and awareness. We cannot be indifferent to what transpires at these intellectual and moral frontiers.
Multifaceted Guardianship
This guardianship is not limited to confronting overt deniers or those spreading doubts openly. It is multifaceted. Like sentinels in watchtowers, scholars must monitor all directions, as attacks come from multiple fronts. These attacks are not only from those who openly deny principles like the existence of God or the Imamate but also from misunderstandings, misinterpretations, or exaggerations. Some, out of ignorance, may appear to defend the faith but inadvertently harm it. Guarding against both adversaries and misguided allies is no small task—sometimes, the latter is even more challenging.
Preparation for Intellectual and Moral Guardianship
Guardianship requires preparation. Without equipping ourselves, we cannot serve as sentinels. Lethargy or indifference disqualifies one from being a guardian. It demands effort, readiness, and constant vigilance—day and night—to counter these assaults. We must not become so engrossed in personal matters that we neglect this responsibility. To be effective guardians, approved by the Ahl al-Bayt (peace be upon them), we must enhance our capabilities. This includes advancing our knowledge, refining our character, and cultivating moral excellence. Greater knowledge and spiritual refinement increase our insight, enabling us to confront Iblis and his forces effectively. Our ability to prevent their domination over the vulnerable depends on our intellectual and practical strength.
May Allah, the Exalted, grant us the ability to act upon this luminous saying of Imam Sadiq (peace be upon him), even to a modest extent. If we are questioned tomorrow about how we fulfilled this responsibility as religious scholars, may we have a satisfactory response before Allah, the Prophet (peace be upon him), and the Ahl al-Bayt (peace be upon them). Let us strive, seek assistance from the Imams, and pray for greater readiness to fulfill this duty.
Issue 13: Marriage Contract Rulings
We now turn to Issue 13 from the rulings on marriage contracts in Tahrir al-Wasilah.
Issue 13: “If the name conflicts with the description, or either conflicts with the indication, the contract follows the intended meaning, and what was stated erroneously is disregarded.”
Imam Khomeini explains that if there is a discrepancy between the name, description, or indication, the contract is based on the intention, and any erroneous statement is nullified. This issue follows Issue 12, where the validity of a marriage contract requires that the bride and groom be clearly identified, distinguished from others. Issue 12 states: “The validity of the contract requires that the bride and groom be specified in a way that distinguishes them from others.” This specification can be achieved through their names, indications (e.g., “I marry you to this woman”), or descriptions (e.g., “my eldest daughter” or “my youngest daughter”). We discussed this in detail last year.
Issue 13 addresses cases where there is a conflict between the name, description, or indication. For example, someone might say, “I marry you to my eldest daughter, Fatimah,” but the person named Fatimah is not the eldest daughter (e.g., the eldest is Khadijah). Or, the name and description align, but the indication differs: “I marry you to my eldest daughter, Fatimah, this woman,” but the woman indicated is neither the eldest nor named Fatimah. In such cases, what should be done? Imam Khomeini, following some scholars like Sayyid in Urwah al-Wuthqa, states that the criterion is the intention. The contract follows the intended meaning, and any erroneous statement is disregarded.
Sayyid’s Opinion
This issue has four sub-issues, which we will address later. Imam Khomeini lists four sub-issues, while Sayyid in Urwah al-Wuthqa mentions only three. Sayyid, in Issue 18 of Urwah, states: “If the name and description conflict, or either conflicts with the indication, the intended meaning is followed, and the erroneous statement is disregarded.”
Differences Between Imam and Sayyid
Imam Khomeini adds a commentary to Sayyid’s statement, introducing a fourth sub-issue not mentioned by Sayyid. The Imam notes: “However, if the intention was to marry the eldest daughter, but the person assumed the present woman was the eldest and said, ‘I marry you to this woman, the eldest,’ the validity of the contract with respect to the present woman is not without basis. However, caution dictates renewing the contract or issuing a divorce and remarrying.”
Sayyid does not address this scenario, but Imam Khomeini includes it in his commentary. For the other three sub-issues, both Imam and Sayyid agree that the contract follows the intention, and erroneous statements are disregarded. The principle that “contracts follow intentions” is central, but is there another basis for this ruling? Allamah Hilli suggests a different criterion, and this issue has been discussed by earlier scholars like Shaykh Tusi in Mabsut, who lists several sub-issues. We will explore these reasons, including those in Imam Khomeini’s Tahrir and others like Allamah Hilli, to determine the correct criterion.