The condition in the marriage contract is not to marry a second wife, and if that happens, she is considered divorced
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Fatwa number ( 18004 )
Q: A man was married, and his wife died. He wanted to marry a second woman who was a virgin, and Allah facilitated this marriage for him. However, her guardian imposed conditions at the time of the marriage contract, among which was: if this man marries a second woman while the first is still in his possession, the new second wife is considered divorced with a final divorce. This man accepted this condition. After many years, this man considered marrying a second woman while the first was still in his possession, so he married.
My question is: Is the second wife considered divorced according to the agreement? If she is divorced, what is obligatory for this man? And if she is not divorced, what is obligatory for this man?
A: It is not valid to make divorce conditional except by a husband; due to the hadith of 'Amr ibn Shu'ayb from his father from his grandfather:Jami` at-Tirmidhi 1181Hasan (Darussalam) It was narrated by Ahmad and Abu Dawud and al-Tirmidhi, and he graded it as good, and there are other hadiths to the same effect. Therefore, the marriage contract mentioned is valid, and the condition is not valid; because it is a divorce concerning a woman who is a stranger to him before he contracted marriage with her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man was married, and his wife died. He wanted to marry a second woman who was a virgin, and Allah facilitated this marriage for him. However, her guardian imposed conditions at the time of the marriage contract, among which was: if this man marries a second woman while the first is still in his possession, the new second wife is considered divorced with a final divorce. This man accepted this condition. After many years, this man considered marrying a second woman while the first was still in his possession, so he married.
My question is: Is the second wife considered divorced according to the agreement? If she is divorced, what is obligatory for this man? And if she is not divorced, what is obligatory for this man?
A: It is not valid to make divorce conditional except by a husband; due to the hadith of 'Amr ibn Shu'ayb from his father from his grandfather:
There is no vow for the son of Adam over what he has no control, and there is no emancipating he can do for one whom he does not own, and there is no divorce for him regarding that which he has no control over.
لا نذر لابن آدم فيما لا يملك، ولا عتق له فيما لا يملك، ولا طلاق له فيما لا يملك
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.