قُلْتُ لِأَبِي الْحَسَنِ ( عليه السلام ) الرَّجُلُ يَتَزَوَّجُ الْمَرْأَةَ مُتْعَةً تَشْتَرِطُ لَهُ أَنْ تَأْتِيَهُ كُلَّ يَوْمٍ حَتَّى تُوَفِّيَهُ شَرْطَهُ أَوْ تَشْتَرِطُ أَيَّاماً مَعْلُومَةً تَأْتِيهِ فِيهَا فَتَغْدِرُ بِهِ فَلَا تَأْتِيهِ عَلَى مَا شَرَطَهُ عَلَيْهَا فَهَلْ يَصْلُحُ لَهُ أَنْ يُحَاسِبَهَا عَلَى مَا لَمْ تَأْتِهِ مِنَ الْأَيَّامِ فَيَحْبِسَ عَنْهَا مِنْ مَهْرِهَا بِحِسَابِ ذَلِكَ قَالَ نَعَمْ يَنْظُرُ مَا قَطَعَتْ مِنَ الشَّرْطِ فَيَحْبِسُ عَنْهَا مِنْ مَهْرِهَا بِمِقْدَارِ مَا لَمْ تَفِ لَهُ مَا خَلَا أَيَّامَ الطَّمْثِ فَإِنَّهَا لَهَا فَلَا يَكُونُ لَهُ إِلَّا مَا أَحَلَّ لَهُ فَرْجَهَا .
Translation
Ali Bin Ibrahim, from his father, from Ibn Abu Umeyr, from Is’haq Bin Ammar who said, ‘I said to Abu Al-Hassan<sup>asws</sup>, ‘The man marries the woman by <span class="iTxt">Mut’a</span>. She stipulates to him that she would come to him every day until his stipulation is fulfilled, or she stipulates certain known days during which she would come to him. So she betrays him with it and does not come to him upon what had been stipulated upon her. So is it correct for him that he accounts her upon what she did not come to him from the days, so that he would withhold from her dower by the accounting of that?’ He<sup>asws</sup> said: ‘Yes. He would look at what was cut-off from the stipulation, so he would withhold from her from her dower by a measurement of whatever she did not fulfill for him, except for the days she menstruated in, so it would be for her. Thus, there would not happen to be for him except for what was Permissible for him of her private parts’.
Compiled by Shaykh Muhammad ibn Ya'qub al-Kulayni
Source
License: Free for educational and research use (Thaqalayn Data API)
Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.