It is not permissible for a man to favor one of his wives with something to the exclusion of the other
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Fatwa No. ( 19695 )
Q: We inform Your Eminence that there is a man who has a wife and had a son with her. After a period of time, she passed away, and then he married another woman. He has been with her for more than thirty years, and she has not borne him any children at all. Recently, he married another woman and had two sons with her. He owns two armed buildings, one of which is two stories. He wants to gift one of the two-story buildings to the wife who has not borne him children as a gift to her. He asks whether this is permissible for him or not? He seeks a ruling from Your Eminence on his question so that he may be on the truth of the matter. I ask Allah by His most beautiful names and His exalted attributes to grant you health and well-being, to extend His help and success to you, and to guide everyone to what is in the welfare and success of this Ummah. He is the One who has the power to do that, and peace be upon you.
A: If a man has two or more wives, it is obligatory for him to be just among them, and it is not permissible for him to favor one of his wives with anything to the exclusion of the other, whether in financial maintenance, housing, or spending the night with her. A severe warning has come regarding the one who has two women and does not be just between them. It was narrated from Abu Hurayrah (may Allah be pleased with him) that he said:
The Messenger of Allah (peace and blessings be upon him) said:Sunan an-Nasa'i 3942Da'if (Darussalam) . In another narration: It was narrated by Imam Ahmad in (al-Musnad), vol. 2, pp. 295, 347, 471, and by al-Nasa'i and Ibn Majah in their Sunans, similarly. And from Abu Hurayrah (may Allah be pleased with him), from the Prophet (peace and blessings be upon him), who said: Sunan Abi Dawud 2133Sahih (Al-Albani) It was narrated by Abu Dawud in his Sunan, vol. 2, p. 601, and by al-Tirmidhi in (al-Jami'), similarly. In these evidences, there is proof of the emphasis of the obligation of justice among wives,
and that it is forbidden for the husband to lean toward one of them in a way that involves depriving the other of her right, except for the inclination of the heart, for the inclination of the heart is not within one's control. Therefore, the Messenger of Allah (peace and blessings be upon him) used to be equal in the division of time among his wives and would say:Mishkat al-Masabih 3235 . Accordingly, it is not permissible for this husband to favor his wife with anything he owns to the exclusion of the other. If he gifts one of his wives a house or the like, it is obligatory for him to be equal among his wives in that, by giving each one the like of it or its value, unless the second wife is generous in that matter. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We inform Your Eminence that there is a man who has a wife and had a son with her. After a period of time, she passed away, and then he married another woman. He has been with her for more than thirty years, and she has not borne him any children at all. Recently, he married another woman and had two sons with her. He owns two armed buildings, one of which is two stories. He wants to gift one of the two-story buildings to the wife who has not borne him children as a gift to her. He asks whether this is permissible for him or not? He seeks a ruling from Your Eminence on his question so that he may be on the truth of the matter. I ask Allah by His most beautiful names and His exalted attributes to grant you health and well-being, to extend His help and success to you, and to guide everyone to what is in the welfare and success of this Ummah. He is the One who has the power to do that, and peace be upon you.
A: If a man has two or more wives, it is obligatory for him to be just among them, and it is not permissible for him to favor one of his wives with anything to the exclusion of the other, whether in financial maintenance, housing, or spending the night with her. A severe warning has come regarding the one who has two women and does not be just between them. It was narrated from Abu Hurayrah (may Allah be pleased with him) that he said:
The Messenger of Allah (peace and blessings be upon him) said:
Whoever has two wives and is inclined to favor one of them over the other, he will come on the Day of Resurrection with half of his body leaning.
من كانت له امرأتان يميل لإحداهما على الأخرى جاء يوم القيامة وأحد شقيه ساقطdragging one of his flanks, falling or leaning
يجر أحد شقيه ساقطًا أو مائلاًWhen a man has two wives and he is inclined to one of them, he will come on the Day of resurrection with a side hanging down.
من كانت له امرأتان فمال إلى إحداهما جاء يوم القيامة وشقه مائلand that it is forbidden for the husband to lean toward one of them in a way that involves depriving the other of her right, except for the inclination of the heart, for the inclination of the heart is not within one's control. Therefore, the Messenger of Allah (peace and blessings be upon him) used to be equal in the division of time among his wives and would say:
O God, this is my division concerning what I possess, so do not blame me concerning what Thou possessest and I do not.
اللهم هذا قسمي فيما أملك، فلا تؤاخذني فيما تملك ولا أملك
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.