The condition of not staying overnight when taking back a divorced wife
Machine translationRead the Arabic original
Question:
Honorable Shaykh, if a man divorces his wife and then conditions her return on not staying overnight with her, if a man divorces his wife and then conditions her return on not staying overnight, and he only visits her for a short period of time, what is the ruling on this condition?
Answer:
If she agrees to this and waives her right, then there is no problem. This is her right. The Prophet (peace and blessings be upon him) wanted to divorce Sawdah bint Jam'ah, so she asked the Messenger (peace and blessings be upon him) not to divorce her and that she would give her night to 'A'ishah. So the Prophet (peace and blessings be upon him) accepted that. So if the woman waives her right, then that is it, my brother. Whether it is in the case of taking her back or before the taking back, in the case of a revocable divorce. Yes.
Honorable Shaykh, if a man divorces his wife and then conditions her return on not staying overnight with her, if a man divorces his wife and then conditions her return on not staying overnight, and he only visits her for a short period of time, what is the ruling on this condition?
Answer:
If she agrees to this and waives her right, then there is no problem. This is her right. The Prophet (peace and blessings be upon him) wanted to divorce Sawdah bint Jam'ah, so she asked the Messenger (peace and blessings be upon him) not to divorce her and that she would give her night to 'A'ishah. So the Prophet (peace and blessings be upon him) accepted that. So if the woman waives her right, then that is it, my brother. Whether it is in the case of taking her back or before the taking back, in the case of a revocable divorce. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب النفقات — islamhouse.com (48:14)
The Arabic text is a machine transcription of the audio recording.