The questioner says: A woman says, “I made a pact with my husband that neither of us would marry anyone else, but her husband married another woman and divorced her. Does she have to honor the pact, or does she marry as he married?”
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The questioner : She says, “I made a pact with my husband that neither of us would marry anyone else, but her husband married another woman and divorced her. Does she have to honor the pact, or does she marry as he married?”
The Shaykh : This condition is not permissible; that is, it is not permissible for the husband to condition his wife not to marry anyone after him.
The questioner : Yes.
The Shaykh : This is because it contradicts the Shari'ah, for the only one whose wives are not permitted to marry after him is the Prophet (peace and blessings be upon him) specifically. If a woman is separated from her husband, whether by divorce or by his death, she is then free.
The questioner : Yes.
The Shaykh : She may marry whomever she wishes.
The questioner : Yes.
The Shaykh : The condition that she not marry after him is an invalid condition that is not to be honored.
The questioner : Yes.
The Shaykh : Likewise, regarding the husband, if she conditions him not to marry anyone after her, it is also an invalid condition.
The questioner : Yes.
The Shaykh : For the husband is free to marry whomever he wishes, even if his wife is with him.
The questioner : Yes.
The Shaykh : Except if it was conditioned upon him at the time of the contract that he not marry over her, then this condition is valid according to the stronger opinion among the scholars. And if he marries over her in this case,
The questioner : Yes.
The Shaykh : and it was conditioned upon him at the time of the contract that he not marry, then she has the choice between annulling the marriage or remaining with him.
The questioner : Yes.
The Shaykh : Yes.
The questioner : There is another message we will bring before we come to the second question for this school, and the other question is also about marriage, or the husband and wife, and she says.
The Shaykh : This condition is not permissible; that is, it is not permissible for the husband to condition his wife not to marry anyone after him.
The questioner : Yes.
The Shaykh : This is because it contradicts the Shari'ah, for the only one whose wives are not permitted to marry after him is the Prophet (peace and blessings be upon him) specifically. If a woman is separated from her husband, whether by divorce or by his death, she is then free.
The questioner : Yes.
The Shaykh : She may marry whomever she wishes.
The questioner : Yes.
The Shaykh : The condition that she not marry after him is an invalid condition that is not to be honored.
The questioner : Yes.
The Shaykh : Likewise, regarding the husband, if she conditions him not to marry anyone after her, it is also an invalid condition.
The questioner : Yes.
The Shaykh : For the husband is free to marry whomever he wishes, even if his wife is with him.
The questioner : Yes.
The Shaykh : Except if it was conditioned upon him at the time of the contract that he not marry over her, then this condition is valid according to the stronger opinion among the scholars. And if he marries over her in this case,
The questioner : Yes.
The Shaykh : and it was conditioned upon him at the time of the contract that he not marry, then she has the choice between annulling the marriage or remaining with him.
The questioner : Yes.
The Shaykh : Yes.
The questioner : There is another message we will bring before we come to the second question for this school, and the other question is also about marriage, or the husband and wife, and she says.