The Ruling on a Wife Stipulating Conditions on Her Husband in the Marriage Contract
Machine translationRead the Arabic original
The questioner:
We place the conditions of marriage alongside other conditions.
The Shaykh:
Because of it, the private part became unlawful. And the desire for fornication.
The questioner:
Some wives, after marriage, for example, if she knows that her husband will marry another woman, she says, meaning, why don't you divorce me and marry her?
The Shaykh:
He has no need for it, as long as it is the worst of what he needs, and he has three others. If what she stipulated does not burden him, he should not transgress.
The questioner:
But is it permissible for her to stipulate that he not marry another woman?
The Shaykh:
No, this is not considered, because the right of Allah is the right of Allah.
The questioner:
It is not considered. There is something called a "Rudhiyyah." Is it prescribed? There is something called a "Rudhiyyah."
The Shaykh:
Is it prescribed? With this, the stronger opinion is reconciliation. This falls under the category of reconciliation. If he offers her money, it is in the category of reconciliation. Reconciliation is not like what Allah the Exalted said.
The questioner:
The grading of the hadith of the believers is based on conditions.
The Shaykh:
There is no harm in it; al-Bukhari narrated it with certainty, and a group of scholars narrated it as well.
The questioner:
The wisdom behind the prohibition of adornment.
The Shaykh:
Allah knows best. It is a means to sodomy and is forbidden for him until it becomes permissible.
The questioner:
Marrying off someone other than your own, marrying off someone other than your own.
The Shaykh:
Allah knows best. It requires intention. Allah knows best. Yes.
Another questioner:
Even if he is occupied with worldly affairs.
The Shaykh:
Allah knows best. Yes.
Another questioner:
Does an orphan girl seek permission or seek advice?
The Shaykh:
One, the same meaning. Her silence, if she has not reached puberty and has not been married, whether in the answer or in the question, has the same meaning. Yes.
The questioner:
Of course, the right to conditions. Ahmad’s evidence regarding the variation of conditions.
The Shaykh:
Yes, the condition that you pay him such and such in rent, or the condition that you give him such and such from the farm, is not like the condition in marriage. The condition in marriage is more serious; because if the condition is violated, it leads to unlawful sexual intercourse, and unlawful sexual intercourse is among the ugliest of sins, associated with associating partners with Allah and killing the soul. We ask Allah for safety.
The questioner:
O Shaykh.
The Shaykh:
Allah knows best. I know her.
We place the conditions of marriage alongside other conditions.
The Shaykh:
Because of it, the private part became unlawful. And the desire for fornication.
The questioner:
Some wives, after marriage, for example, if she knows that her husband will marry another woman, she says, meaning, why don't you divorce me and marry her?
The Shaykh:
He has no need for it, as long as it is the worst of what he needs, and he has three others. If what she stipulated does not burden him, he should not transgress.
The questioner:
But is it permissible for her to stipulate that he not marry another woman?
The Shaykh:
No, this is not considered, because the right of Allah is the right of Allah.
The questioner:
It is not considered. There is something called a "Rudhiyyah." Is it prescribed? There is something called a "Rudhiyyah."
The Shaykh:
Is it prescribed? With this, the stronger opinion is reconciliation. This falls under the category of reconciliation. If he offers her money, it is in the category of reconciliation. Reconciliation is not like what Allah the Exalted said.
The questioner:
The grading of the hadith of the believers is based on conditions.
The Shaykh:
There is no harm in it; al-Bukhari narrated it with certainty, and a group of scholars narrated it as well.
The questioner:
The wisdom behind the prohibition of adornment.
The Shaykh:
Allah knows best. It is a means to sodomy and is forbidden for him until it becomes permissible.
The questioner:
Marrying off someone other than your own, marrying off someone other than your own.
The Shaykh:
Allah knows best. It requires intention. Allah knows best. Yes.
Another questioner:
Even if he is occupied with worldly affairs.
The Shaykh:
Allah knows best. Yes.
Another questioner:
Does an orphan girl seek permission or seek advice?
The Shaykh:
One, the same meaning. Her silence, if she has not reached puberty and has not been married, whether in the answer or in the question, has the same meaning. Yes.
The questioner:
Of course, the right to conditions. Ahmad’s evidence regarding the variation of conditions.
The Shaykh:
Yes, the condition that you pay him such and such in rent, or the condition that you give him such and such from the farm, is not like the condition in marriage. The condition in marriage is more serious; because if the condition is violated, it leads to unlawful sexual intercourse, and unlawful sexual intercourse is among the ugliest of sins, associated with associating partners with Allah and killing the soul. We ask Allah for safety.
The questioner:
O Shaykh.
The Shaykh:
Allah knows best. I know her.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح الجديد ]، تتمة أحاديث في النكاح — islamhouse.com (0:57)
The Arabic text is a machine transcription of the audio recording.