The Inheritance of the Neglected Wife
Machine translationRead the Arabic original
Question:
If you ask me, he says: A man has two wives. The first one he neglected for a long period and lived with the second. The question is: Does the wife he neglected enter into his estate after his death? And does she inherit like the second wife or not?
Answer:
If a man has two wives or more, such as three or four, and he neglects one of them and does not give her her right, he is sinful, unless she permits it. If she permits it, that is fine; otherwise, he must either share time with her or divorce her. If she says, "There is no harm," then there is no harm, for she has permitted it. Sawdah bint Sam'ah (may Allah be pleased with her) permitted the Prophet (peace and blessings be upon him) not to share time with her, and she remained in his marriage until he died (peace and blessings be upon him). So, if a woman of today is neglected and he does not share time with her, she has the choice: either she permits it and remains in his marriage, and he does not divorce her, but he must provide for her and attend to her; or she demands her right, in which case he is obligated to give her her right, either by sharing time, being just, and treating her equally with her co-wife, or by divorcing her. The same applies if she is a third or fourth wife. The obligatory thing is justice between them. If he does not act justly, he must divorce her, unless the one he neglected permits it and is content to remain in his marriage even if he does not share time with her, in which case there is no harm. If he dies, she inherits from him and observes the waiting period for him. Even if he neglected her as long as he did not divorce her, if he dies, she observes the mourning period for him, observes the waiting period for him, and inherits from him along with her second co-wife.
If you ask me, he says: A man has two wives. The first one he neglected for a long period and lived with the second. The question is: Does the wife he neglected enter into his estate after his death? And does she inherit like the second wife or not?
Answer:
If a man has two wives or more, such as three or four, and he neglects one of them and does not give her her right, he is sinful, unless she permits it. If she permits it, that is fine; otherwise, he must either share time with her or divorce her. If she says, "There is no harm," then there is no harm, for she has permitted it. Sawdah bint Sam'ah (may Allah be pleased with her) permitted the Prophet (peace and blessings be upon him) not to share time with her, and she remained in his marriage until he died (peace and blessings be upon him). So, if a woman of today is neglected and he does not share time with her, she has the choice: either she permits it and remains in his marriage, and he does not divorce her, but he must provide for her and attend to her; or she demands her right, in which case he is obligated to give her her right, either by sharing time, being just, and treating her equally with her co-wife, or by divorcing her. The same applies if she is a third or fourth wife. The obligatory thing is justice between them. If he does not act justly, he must divorce her, unless the one he neglected permits it and is content to remain in his marriage even if he does not share time with her, in which case there is no harm. If he dies, she inherits from him and observes the waiting period for him. Even if he neglected her as long as he did not divorce her, if he dies, she observes the mourning period for him, observes the waiting period for him, and inherits from him along with her second co-wife.
Source
واجب الرجل والمرأة — islamhouse.com (1:08:58)
The Arabic text is a machine transcription of the audio recording.
