[^16] The man and woman become separated from each other...

[^16] The man and woman become separated from each other through the expiration of the time period, or else by the man's 'returning' the remaining time to the woman. In this connection a saying of the Imam Ja'far is as explicit as possible. He was asked if the husband and wife married by mut'a become separated without divorce. He replied: 'Yes. '[^17] Forswearing In mut'a there is no forswearing, since forswearing very definition has to do with divorce, which does not exist in mut'a.

Moreover, the woman cannot demand a right to sexual intercourse in temporary marriage, a demand which is essential in the establishment of forswearing in permanent marriage. The only thing the woman may demand is the dower, to which she is entitled as a 'rented' woman.[^18] Sworn Allegation Sworn allegation does not take place in mut’a.

According to the Imam Ja'far: 'A free man does not make a sworn allegation against a slave girl, a non-Muslim (dhimmi), or a wife by mut'a.' [^19] Moreover, in the case of denying parentage, by a consensus of the ulama' it is unnecessary for the man to make the sworn allegation, as we have already seen. Zihar There is a difference of opinion as to whether or not zihar may take place in temporary marriage.

The majority of the ulama' hold that it can take place, since the Qur'anic pronouncements concerning it are general and not delimited. For example, the verse: 'Those of you who say, regarding their women: 'Be as my mother's back', they are not truly their mothers' (58:2) indicates that zihar pertains to any woman with whom intercourse may legitimately take place, a category within which a wife by mut’a is included.

Al-Shahid al Thani, al Tabataba'i, and al-Muhaqqiq al-Hilli all hold this opinion.[^20] But al-Shaykh al-Ansari and al-Shaykh Muhammad al-Hasan seem to prefer the opposite opinion, that zihar does not take place in mut’a. For the result of zihar is either returning to the wife, or finally divorcing her. As for the second possibility, there is no divorce in mut'a. And 'returning to the wife' is unnecessary in mut'a, whereas it is necessary in permanent marriage.

When a man pronounces the formula of zihar in permanent marriage, the woman remains his wife. According to permanent marriage's statutes, she has a right to sexual intercourse. Once the man pronounces the formula of zihar, she may demand her right at any time. At that time the man must either pay the expiation or divorce her.