Fulfilling the Oral Condition in the Marriage Contract Regarding the Wife’s Work
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Question:
Honorable Shaykh, what is your opinion regarding an oral condition in the marriage contract where it was not accepted to allow the wife to work after marriage? Is the husband obligated to fulfill this condition?
Answer:
Yes, if the condition was verbally stated at the time of the contract and the husband committed to it, even if it was not written down, he is obligated to abide by this condition if she requests it, because it is a right of hers that she stipulated for him. Therefore, the husband is required to submit to this condition. However, if she forgives it and waives her right to it, that is better. But if she does not waive it and demands it, the Prophet (peace and blessings be upon him) said: even if it was not written in the contract. The mere speech from her and the commitment from the husband is sufficient, and the testimony of the witnesses present is sufficient. Yes.
Honorable Shaykh, what is your opinion regarding an oral condition in the marriage contract where it was not accepted to allow the wife to work after marriage? Is the husband obligated to fulfill this condition?
Answer:
Yes, if the condition was verbally stated at the time of the contract and the husband committed to it, even if it was not written down, he is obligated to abide by this condition if she requests it, because it is a right of hers that she stipulated for him. Therefore, the husband is required to submit to this condition. However, if she forgives it and waives her right to it, that is better. But if she does not waive it and demands it, the Prophet (peace and blessings be upon him) said:
Muslims
المسلمونby their conditions,
على شروطهم،
Source
قناة «العلامة الدكتور صالح الفوزان»، 50 من 89|شرح العدة في شرح العمدة|كتاب الرضاع|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:10:30)
The Arabic text is a machine transcription of the audio recording.
