Justice between wives, as mentioned in the verse: “But if you fear that you will not be just, then [marry] one,” is this applicable from the beginning or after marriage?

The questioner : Regarding the saying of Allah (Glorified and Exalted is He) in marriage: Is this related to the beginning or after marriage? I mean, after one is already married... does one fear at the outset that he will not be just and therefore limit himself to one wife, or is it after marriage, when he has two wives and is not being just, that this becomes a cause for divorce or for limiting himself to one wife?

The Shaykh : The verse is explicit: “Marry... contract the marriage.” At the time of the contract, one is either confident that he can apply the Shari'ah, which is justice, or he is not confident. If he is confident, he proceeds; if he is not confident, he refrains. However, a person may proceed—confident in himself—but experience may prove him wrong. In that case, a new ruling applies: he should say to the one he sees he is wronging at the expense of her co-wife: “O servant of Allah, this is my capacity, so you have the choice. Either you remain with this, or I will let you go.” So she chooses.

The questioner : That is, it is permissible for her to choose to be wronged and remain continuing, and there is no sin on him.

The Shaykh : And there is no sin on him, of course. But what is the meaning of giving the choice? Why is the choice given? Because this is what happened to the Messenger (peace and blessings be upon him) with one of his wives, who was Sawdah bint Zam'ah. He (peace and blessings be upon him) wanted to divorce her because she had grown old. She said—and this is wisdom that may not be found in men today, let alone women: “I want to be gathered with your wives in Paradise, so keep me, and I will give my turn to 'A'ishah.” I think the answer is clear?

The questioner: Yes.