The Ruling on Reconciliation Regarding the Abandonment of Some Marital Rights
Machine translationRead the Arabic original
Question:
A questioner says: A man wants to divorce his wife because of a character flaw in her, even though she fulfills her religious duties. He intends to marry another woman, and he wants to divorce the first wife for fear of not being just. Is it permissible for him to divorce her, or to reconcile with her, if he gives her the choice to stay with him on the condition that he does not share his nights with her and gives her some financial maintenance for the sake of the children?
Answer:
It is permissible to reconcile; it is permissible to reconcile with her on her giving up staying with him and giving up some of her rights as a reconciliation, because the right is hers, so if she is satisfied and waives it, there is no harm. He should hold onto her and not divorce her, and leave her with her children. He said:[An-Nisa 4:128] to him, [An-Nisa 4:128], so. Yes. So he should reconcile.
He should reconcile between them. If she reconciles with him and waives some of her right and he keeps her, there is no harm in that. The Prophet (peace and blessings be upon him) gave Sawdah bint Zam‘ah the choice when she grew old, and the Prophet (peace and blessings be upon him) did not desire her and wanted to divorce her. She asked the Messenger of Allah (peace and blessings be upon him) to keep her in his marriage bond so she could attain the honor of being one of the Mothers of the Believers, and she waived her right in favor of ‘A’ishah. So the Prophet (peace and blessings be upon him) kept her in his marriage bond,[An-Nisa 4:128]. Yes.
A questioner says: A man wants to divorce his wife because of a character flaw in her, even though she fulfills her religious duties. He intends to marry another woman, and he wants to divorce the first wife for fear of not being just. Is it permissible for him to divorce her, or to reconcile with her, if he gives her the choice to stay with him on the condition that he does not share his nights with her and gives her some financial maintenance for the sake of the children?
Answer:
It is permissible to reconcile; it is permissible to reconcile with her on her giving up staying with him and giving up some of her rights as a reconciliation, because the right is hers, so if she is satisfied and waives it, there is no harm. He should hold onto her and not divorce her, and leave her with her children. He said:
And if a woman fears from her husband contempt or evasion, there is no sin
وَإِنِ امْرَأَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَAnd if a woman fears from her husband contempt or evasion
وَإِنِ امْرَأَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًاHe should reconcile between them. If she reconciles with him and waives some of her right and he keeps her, there is no harm in that. The Prophet (peace and blessings be upon him) gave Sawdah bint Zam‘ah the choice when she grew old, and the Prophet (peace and blessings be upon him) did not desire her and wanted to divorce her. She asked the Messenger of Allah (peace and blessings be upon him) to keep her in his marriage bond so she could attain the honor of being one of the Mothers of the Believers, and she waived her right in favor of ‘A’ishah. So the Prophet (peace and blessings be upon him) kept her in his marriage bond,
And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them - and settlement is best
وَإِنِ امْرَأَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَا أَن يُصْلِحَا بَيْنَهُمَا صُلْحًا وَالصُّلْحُ خَيْرٌ
Source
قناة «العلامة الدكتور صالح الفوزان»، رجل يريد أن يطلِّق زوجته؛ لأمر خَلْقي فيها مع أنها تقوم بأمور دينها؛ لأنه ينوي الزواج بغيرها... — youtube.com
The Arabic text is a machine transcription of the audio recording.