The ruling on a woman stipulating non-childbearing in the marriage contract
Machine translationRead the Arabic original
Question:
This is a letter from Abu Malik from Jeddah. He says that there is a divorced woman who has children and wants to marry a man, and she has stipulated that there should be no children. What is the validity of this condition?
Answer:
This is not permissible; preventing childbearing is not permissible. Childbirth is required, and increasing the number of offspring is required. Marry,Musannaf Abd al-Razzaq 16:92. Therefore, preventing childbearing is not permissible except in a case of dire necessity. If childbearing poses a danger to the mother's life, there is no harm in taking measures to prevent pregnancy to preserve the mother's life. However, if childbearing poses no danger to the mother, preventing it is not permissible under any circumstances. But it may be permissible to space out pregnancies, such that if a woman is faced with consecutive pregnancies, she takes what delays them until she is strong enough to bear a pregnancy. There is no objection to that. Yes.
This is a letter from Abu Malik from Jeddah. He says that there is a divorced woman who has children and wants to marry a man, and she has stipulated that there should be no children. What is the validity of this condition?
Answer:
This is not permissible; preventing childbearing is not permissible. Childbirth is required, and increasing the number of offspring is required. Marry,
…the one who has many children, for I will outnumber the nations with you on the Day of Resurrection.
الْوَلُودَ فَإِنِّي أُكَاثِرُ بِكُمُ الأُمَمَ يَوْمَ الْقِيَامَةِ
Source
نور على الدرب - الفوزان - 02/263 — archive.org (4:45)
The Arabic text is a machine transcription of the audio recording.
