The ruling on marrying one's brother's widow without the mother's consent and out of fear of failing to be just
Machine translationRead the Arabic original
The questioner:
Following this, a message was received by the program from one of the listeners. He says: I am a citizen of one of the Arab countries, residing in the Kingdom, and I am married with a daughter, and we are living in my country. I ask you, Honorable Shaykh, about this matter: My brother passed away and left behind his wife and some children. I want to marry my brother's widow, but I am afraid of not being just between my first wife and my second wife if the marriage takes place. My mother does not approve of this matter. Is there any sin on me if I disobey my mother's order and marry, knowing that I will try to be just as much as I am able? May Allah reward you with good.
The Shaykh:
Allah (Glorified and Exalted is He) says[An-Nisa 4:3] that[An-Nisa 4:3] if you fear that you will not be just between the two wives by giving each of them what is obligatory for her in terms of financial maintenance, clothing, and housing, then you should limit yourself to your first wife and not marry your brother's widow, because you cannot guarantee being just between them, even if your mother... even if... but he says that his mother does not want him to marry her.
The presenter:
Yes, yes.
The Shaykh:
This is looked at in terms of benefit and harm. If marrying her would cause harm to your mother because she does not get along with your mother, and she speaks ill of her and mistreats her, then it is not permissible for you to marry her unless you place her in a location far away from your mother. However, if the situation is sound and there is no harm from her to your mother, then you must convince your mother, because there is benefit in taking in your brother’s children and overseeing them. This is achieved by having their mother under your protection so that she can cooperate with you in raising them. You must convince her of the benefits in this, and that there is no harm to her from this woman. Yes.
The presenter:
May Allah reward you with good, and may Allah reward you, Shaykh Salih,
Following this, a message was received by the program from one of the listeners. He says: I am a citizen of one of the Arab countries, residing in the Kingdom, and I am married with a daughter, and we are living in my country. I ask you, Honorable Shaykh, about this matter: My brother passed away and left behind his wife and some children. I want to marry my brother's widow, but I am afraid of not being just between my first wife and my second wife if the marriage takes place. My mother does not approve of this matter. Is there any sin on me if I disobey my mother's order and marry, knowing that I will try to be just as much as I am able? May Allah reward you with good.
The Shaykh:
Allah (Glorified and Exalted is He) says
But if you fear
فَإِنْ خِفْتُمْthat you will not be just, then [marry only] one
أَلَّا تَعْدِلُوا فَوَاحِدَةًThe presenter:
Yes, yes.
The Shaykh:
This is looked at in terms of benefit and harm. If marrying her would cause harm to your mother because she does not get along with your mother, and she speaks ill of her and mistreats her, then it is not permissible for you to marry her unless you place her in a location far away from your mother. However, if the situation is sound and there is no harm from her to your mother, then you must convince your mother, because there is benefit in taking in your brother’s children and overseeing them. This is achieved by having their mother under your protection so that she can cooperate with you in raising them. You must convince her of the benefits in this, and that there is no harm to her from this woman. Yes.
The presenter:
May Allah reward you with good, and may Allah reward you, Shaykh Salih,
Source
نور على الدرب - الفوزان - 02/034 — archive.org (18:27)
The Arabic text is a machine transcription of the audio recording.