The ruling on a second wife demanding to reside with her family
Machine translationRead the Arabic original
Question:
Ah, this questioner, ah, from Baljurashi says: Honorable Shaykh Salih, may Allah keep you safe. He presents before your honor my problem, which is that my second wife has been upset and staying with her family for a period of four years. However, she demands that I provide her with housing, or that I reside with her at her family’s home and in her village. Knowing that I am the provider for my father, my mother, my brothers, my sisters, and my first wife, who are located a distance of thirty-five kilometers from my second wife. My question is: Does my second wife have the right to demand that I reside with her at her family’s home and in her village, and leave my family entirely? Or is the wife required to follow her husband? I ask Honorable Shaykh Salih to guide me regarding this matter.
Answer:
[Al-Fatihah 1:1-2], and may Allah send blessings and peace upon our Prophet Muhammad, and upon his family and all his Companions.
As for what follows, regarding this case, this is a dispute that must be referred to the residence to examine the reality. However, as a general rule, if the wife stipulated that she would not leave her town or her home, and the husband committed to this, then she has what she stipulated. But if she did not stipulate this, then she follows the husband and is with him in the town where he resides, unless there is clear harm to her in that. This is in general terms. But regarding this specific case, this is for the courts to look into. Yes.
Ah, this questioner, ah, from Baljurashi says: Honorable Shaykh Salih, may Allah keep you safe. He presents before your honor my problem, which is that my second wife has been upset and staying with her family for a period of four years. However, she demands that I provide her with housing, or that I reside with her at her family’s home and in her village. Knowing that I am the provider for my father, my mother, my brothers, my sisters, and my first wife, who are located a distance of thirty-five kilometers from my second wife. My question is: Does my second wife have the right to demand that I reside with her at her family’s home and in her village, and leave my family entirely? Or is the wife required to follow her husband? I ask Honorable Shaykh Salih to guide me regarding this matter.
Answer:
(1) In the name of Allah, the Entirely Merciful, the Especially Merciful. (2) [All] praise is [due] to Allah, Lord of the worlds -
بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ الْحَمْدُ لِلَّهِ رَبِّ الْعَالَمِينَAs for what follows, regarding this case, this is a dispute that must be referred to the residence to examine the reality. However, as a general rule, if the wife stipulated that she would not leave her town or her home, and the husband committed to this, then she has what she stipulated. But if she did not stipulate this, then she follows the husband and is with him in the town where he resides, unless there is clear harm to her in that. This is in general terms. But regarding this specific case, this is for the courts to look into. Yes.
Source
نور على الدرب - الفوزان - 03/253 — archive.org (1:00)
The Arabic text is a machine transcription of the audio recording.
