A man who offers his first wife the choice between divorce or remaining with him without him having sexual relations with her
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A man married a second wife and gave his first wife the choice between divorce or staying, but on the condition that he would not have sexual relations with her. She agreed to this condition for the sake of her children. Is this permissible?
Answer:
No. And[An-Nisa 4:128] is lighter. The Prophet (peace and blessings be upon him) gave Umm al-Mu’minin, Sawdah, the choice between divorcing her or remaining without the night of intimacy, giving her some of the share, so she agreed to remain, and she gave her share to ‘A’ishah (may Allah be pleased with her). If they agree on this, there is no obstacle.
He says: Honorable Shaykh, may Allah grant you success. A man married a second wife and gave his first wife the choice between divorce or staying, but on the condition that he would not have sexual relations with her. She agreed to this condition for the sake of her children. Is this permissible?
Answer:
No. And
a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them - and settlement
امْرَأَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَا أَن يُصْلِحَا بَيْنَهُمَا صُلْحًا وَالصُّلْحُ
Source
قناة «العلامة الدكتور صالح الفوزان»، [2194 -2802] رجل خير زوجته الأولى بين الطلاق أو البقاء معه دون أن يجامعها - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.