Mut'a is considered a kind of 'rental' because in general a...

Mut'a is considered a kind of 'rental' because in general a man's basic aim in this kind of marriage is the sexual enjoyment of a woman, and in return for his enjoyment the woman receives a certain amount of money or property. In defining 'rental' the jurisprudents say: 'It is to gain possession of a benefit in exchange for a specified sum.' [^10] This definition applies equally to temporary marriage.

In this connection a number of hadith have been recorded in which the word musta'jara is employed. [^11] Shi'i jurisprudence discusses temporary marriage with all the care it bestows upon permanent marriage. Like permanent marriage, mut'a has 'pillars' and 'statutes'. To the two pillars of permanent marriage-the formula and the persons-are added the time period and the dower . I. The Formula Since it is a contract, mut'a requires a declaration and an acceptance.

As in permanent marriage, the declaration is the prerequisite of the woman. It must consist of one of three Arabic formulas, the same three which are employed by the Shi'is in permanent marriage. Al-Sayyid al-Murtada [^12] is said to have added that a slave girl may employ the formula 'I have allowed you' (abahtu-ka) or 'I have considered you lawful' (hallaltu-ka), [^13] but his words have not been confirmed by others.

Al-Shahid al Thani writes: 'To me it seems more correct to limit ourselves to the first three phrases.' [^14] Apparently there is no disagreement on the point that the woman may not employ expressions like: 'I have given you possession', 'I have given to you as a gift', 'I have rented to you', 'I have lent to you', etc. The 'acceptance' is made by the man after the woman has made her declaration. His words must demonstrate that he is satisfied with the declaration.

For example, he may say: 'I will accept the marriage', or 'I accept the mut'a.' If he should say only: 'I accept' or 'I am satisfied', the contract is valid. That the declaration should precede the acceptance is not a condition of the contract, since a contract consists of a declaration and an acceptance, in whatever order the two may occur. It is claimed that there is a consensus on this point.

[^15] Al-Muhaqqiq al-Hilli states explicitly that if the man says: 'I have married you', and then the woman says the same thing to him, the contract is sound. [^16] According to al-'Allama al-Hilli, the formula of the contract must be recited in the perfect tense.