The ruling on a wife waiving her rights in exchange for her husband not divorcing her

Question:
Honorable Shaykh, a man married a second woman and wanted to divorce the first. She asked him to let her stay with her young children in exchange for waiving her rights. Is she allowed to do that? And does he have any obligation regarding his neglect of her? Her children are now grown, and she is living with her son in her husband's house.

Answer:
No, there is nothing wrong with it if she waives her right in exchange for him not divorcing her. This is something the Messenger (peace and blessings be upon him) did. When he wanted to divorce Sawdah bint Zam'ah (may Allah be pleased with her) because of her advanced age, she asked him to let her remain under his protection so she would remain one of the Mothers of the Believers and be his wife in Paradise. She asked him to forgive her regarding her right and gave her right to 'A'ishah. So the Prophet (peace and blessings be upon him) accepted this from her and kept her, transferring her right to 'A'ishah as she had gifted it to her. This is permissible and the benefit in it is clear. There is no harm in it, because she is the one who chose this and waived her right, so there is no harm in that. She has a benefit in remaining with her children, in her home, and in the protection of this husband, which makes him a mahram (a relative one may not marry) for her. So these are the benefits.