In fact...

In fact, one has no choice but to take these hadith as referring only to free women, so that they will be in accord with a number of other hadith which state that the waiting period of a slave woman whose husband has died is two months and five days. Moreover, no reputable jurisprudent has held that the waiting period of a slave is four months and ten days.

Finally, since in permanent marriage there is no question but that the waiting period of a slave is two months and five days, with greater reason the waiting period must be the same in mut'a. For the waiting period of mut'a is 'weaker' than other waiting periods, just as a marriage of mut'a is 'weaker' than permanent marriage. It is unreasonable to suppose that the waiting period of mut'a be 'stronger' and more stringent than the waiting period of permanent marriage.

Nevertheless, because of the authority of the above hadith, caution may dictate that the longer waiting period be observed. [^39] If the wife should be pregnant, her waiting period will be either the usual one of four months and ten days (two months and five days for a slave) or the time it takes to give birth-whichever of the two is longer. AI Tabataba'i claims consensus on this point. [^40] Renewing The Contract A contract of mut'a cannot be renewed before the time period expires.

Hence, if the parties wish to renew the contract, it is only necessary for the man to return the remainder of the time period to the woman, thus in effect ending the marriage. Then they may conclude a new contract. When she remarries the same man, she has no waiting period. [^41] This method of renewing the contract is established by a hadith related from the Imam Ja'far.

He was asked about a man who married a woman for a period of one month, but then found that a love for her was developing in his heart. Before the period expires, could he renew the contract and increase the time period and dowry? The Imam answered that such a course of action was not permissible so long as the first contract remained in effect. Therefore: 'He must return to her the remainder of the days [of the contract] and then conclude a new contract.' [^42] Footnotes: [^1].

Riyad,II,116;Matajir,II,301. [^2]. Wasa'ill, XIV, 468-69, hadith, 2. [^3]. Ibid.,468. [^4]. Sharh al-lum'a, v, 288; Matajir, II, 301. [^5]. Matajir ,lI,301;Jawahir,v, 173;Riyad,II, 116. [^6]. Wasa'il, XIV, 491, hadith I. [^7]. Riyad, II,116. [^8]. Sahrh al-lum'a, V, 288; Riyad, II, 116. [^9].