Dividing between wives with justice, or otherwise with their consent
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The fourth question. Fatwa number ( 6561 )
Q4: A man has two wives, and he divides between them in everything, except that he leans toward one of them in love and lodging. What is your opinion regarding his relieving himself with his second wife, then going out to sleep with the wife he leans toward, given that the other has children who cause disturbance, and given that his work requires him to be present early? Does he owe anything? Then what is your opinion if this man stays overnight with the one he loves for two nights, then goes to the other on the third night?
A4: First: The principle is that justice between wives is obligatory; for Allah the Exalted and Sublime said:[An-Nisa 4:129] except in what pertains to the inclination of the soul. It is established that the Messenger of Allah (peace and blessings be upon him) divided between his wives, being just, and saying: Sunan Abi Dawud 2134
Second: If the reality is as you described, that you divide between them in everything except that you lean toward one of them in love, then you owe nothing for this inclination; due to what was mentioned. Third: It is not permissible for you to stay overnight with one of your wives on a night belonging to her co-wife except with the consent of the one whose night it is. It is not permissible for you to divide one night to one and two nights to the other except with the consent of the one to whom you allocated one night; because of the inclination therein from which Allah the Exalted and Sublime prohibited, and because the Sunnah came with dividing between wives in lodging. It is not permissible for him to stay part of a night with one of them at her co-wife’s place except with her permission, as mentioned. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q4: A man has two wives, and he divides between them in everything, except that he leans toward one of them in love and lodging. What is your opinion regarding his relieving himself with his second wife, then going out to sleep with the wife he leans toward, given that the other has children who cause disturbance, and given that his work requires him to be present early? Does he owe anything? Then what is your opinion if this man stays overnight with the one he loves for two nights, then goes to the other on the third night?
A4: First: The principle is that justice between wives is obligatory; for Allah the Exalted and Sublime said:
So do not incline completely [toward one] and leave another hanging
فَلا تَمِيلُوا كُلَّ الْمَيْلِ فَتَذَرُوهَا كَالْمُعَلَّقَةِO Allah, this is my division concerning what I control, so do not blame me concerning what You control and I do not.
اللهم هذا قسمي فيما أملك فلا تلمني فيما تملك ولا أملكSecond: If the reality is as you described, that you divide between them in everything except that you lean toward one of them in love, then you owe nothing for this inclination; due to what was mentioned. Third: It is not permissible for you to stay overnight with one of your wives on a night belonging to her co-wife except with the consent of the one whose night it is. It is not permissible for you to divide one night to one and two nights to the other except with the consent of the one to whom you allocated one night; because of the inclination therein from which Allah the Exalted and Sublime prohibited, and because the Sunnah came with dividing between wives in lodging. It is not permissible for him to stay part of a night with one of them at her co-wife’s place except with her permission, as mentioned. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.