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Marriage with Ahlul Kitab

Absolute permissibility:

-        Sheikh Saduqs father, though he says that one should command her not to eat pork and drink wine and that there is a defect in ones religion

-        Sheikh Saqud says the same as his father

-        Ibn Abi Aqil permits it in Muta and permanently

-        Ibn Junayd says: One who finds needlessness from marriage to the people of the two book chooses to abandon their marrying by contract in the realm of Islam (dar al-islam). As to the realm of war against them (dar harbihim), then that is not permissible. So when necessity calls to one in the realm of Islam, it is to be with the virgins from them, and one is to prohibit them from eating and drinking whatever is forbidden in Islam. And it is not allowed to marry one from the Christians of the Banu Taghlab, and the dhimma of the Arabs (i.e. Bedouins) and their mushrikeen, and those for whom a book is not verified from the Sabeans, and other than them, the avoidance of marriage to them is preferable to me. The Samaritans follow the course of the Jews if they are from the Banu Israel. And there is no harm with having intercourse with one whom one owns (as a slave) from all of these categories by mulk al-yameen, however one does not seek a child from other than the kitabi women.

Absolute forbiddance:

-        Sheikh Murtada

-        Sheikh Tusi

-        Sheikh Mufid

-        Allamah Hilli

Permissibility in Muta and permanentely out of necessity for the latter:

-        Sheikh Tusi in an Nihaya says: It is not permissible for the Muslim man to contract marriage with the mushrik women in all of their various types, whether a Jewish woman, a Christian woman, or an idolatress. If he is compelled to contracting marriage to them, he contracts it with the Jewish woman and the Christian woman, and that is permissible with necessity. And there is no harm with contracting mut`a with these two categories with (a situation wherein one has) choice.

-        Ibn Hamza says: The contracting (of marriage) for the believer to the kafir woman is not correct. And it is permissible for the believer to do mut`a with the Jewish woman and the Christian woman out of choice, and the contracting of permanent marriage out of necessity. And it is disliked to have intercourse with the Zoroastrian woman via mulk al-yameen and (by) the contracting of mut`a with them.

-        Ibn al-Barraj said: It is forbidden for the Muslim to contract marriage with the mushrik woman, whether an idolatress or a Jewish woman or a Christian woman or a Zoroastrian woman or other than that upon their variances in shirk, except with severe necessity, so if it is thus, it is permissible to contract marriage with the Jewish woman and the Christian woman apart from the rest, for contracting marriage to them is forbidden in any case. And it is also permissible to contract mut`a with the Jewish woman and the Christian woman apart from them from the mushrik women. One who contracts marriage with them is to prohibit them from drinking wine and eating pork. And it is permissible to have intercourse with the Jewish woman and the Christian woman via mulk al-yameen also. And the permissibility of having intercourse with the Zoroastrian woman via (slave) ownership has been mentioned, and it is said: it is disliked (makrooh). And the abandonment of that is better for him in any case.

Permissibility of Muta and Mulk al Yamin (slave ownership) and forbiddance of permanent marriage:

-        Abu ‘s-Salah prohibited marriage to the kafir woman until she accepts Islam, even if the directions of their kufr differ. And he permitted doing mut`a with the Jewish woman and the Christian woman apart from whoever is besides them from the types of kuffar.

-        Sheikh Tusi in al Mabsut

-        Sallar ad Daylami says:  And from the conditions (of marriage) is that the woman be a believer or a mustad`afa (a non-Nasibi non-Shi`a). So when she is a dhimmi woman or a Zoroastrian woman or an obstinate one (i.e. a Nasibi), marriage to them is not allowed permanently, for kifa’a in religion is considered according to us in the correctness of this contract. However as to the contract of mut`a and the slave women, then it is permissible with the dhimmi women exclusively apart from the Zoroastrian women

-        Ibn Idris says: And we have explained that it is not allowed for the Muslim man to contract marriage with kafir women upon their variations. So if he is compelled to contract marriage with them, he contracts with the Jewish woman and the Christian woman, and that is permissible at necessity based upon what is narrated in some of the reports. And there is no harm with contracting the contract of mut`a with these two kinds (Jewish and Christian women) with choice, however one is to prohibit them from drinking wine and eating pork. Some of our companions said that it is not permissible to contract the contract of mut`a or the contract of permanent (marriage) with these two kinds. And they held on to the apparent sense of the aya, and it is strong, possible to give credence to and rely upon. Then he said: And there is no harm with having intercourse with the two kinds also in the state of choice by mulk al-yameen. And it is not permissible to have intercourse with whatever is apart from the two kinds by mulk al-yameen or by one of the contracts, when it is a permanent contract or a temporary. And an odd narration have reported that it is disliked to have intercourse with the Zoroastrian woman by mulk al-yameen and the contract of mut`a, and that is not forbidden. Our Shaykh (Tusi) brought it in an-Nihaya out of reporting, not out of belief. And he went back from that in Kitab at-Tibyan regarding His (swt) saying “And do not marry the mushrik women until they believe”, for he said: And as to the Zoroastrian women, then by consensus (ijma`) it is not permissible to marry them. And our Shaykh, al-Mufid, said in al-Muqni`a that is forbidden and he does not permit it. And it is the correct (view) which there is no difference regarding it, and the fundamentals of the madhhab demand it, and His (Swt)  saying “And do not hold onto the bonds of the kafir women” and His (swt) saying “And do not marry the mushrik women until they believe”.


Impermissibility of Aqd in any case but Mulk al Yamin permissible:

Shaykh Tusi in one of the sayings transmitted from him, and attributed to al-Mufid