The Obligation of Justice Between Wives
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A man is married to two women. He sent the first one back to her family and left her, and it has been sixteen years since then. Is it permissible for him to divorce her, or should he keep her under his responsibility?
First: I say to this husband: It is not permissible for him to be unjust in the division of time between his wives; he must be just between them; because the Prophet (peace and blessings be upon him) said: (Whoever has two wives and leans toward one of them will come on the Day of Resurrection with one side of his body tilted) If it is she who is defiant,Meaning, she is the one who says: saying, "I am going to my family and I will not stay with you," then she has no right over her husband, and she is the one who has sinned, and she must return to her husband.
So the ruling is: if the husband is being unjust between her and her co-wife, then he is sinful, and she has the right to stay away from him. But if he is fulfilling his obligation, then she has no right to stay away from him, and she must return to her home.
The questioner: But is it permissible for him to divorce her?The Shaykh: If he wishes, he may divorce her, and there is nothing wrong with his divorcing her.
First: I say to this husband: It is not permissible for him to be unjust in the division of time between his wives; he must be just between them; because the Prophet (peace and blessings be upon him) said: (Whoever has two wives and leans toward one of them will come on the Day of Resurrection with one side of his body tilted) If it is she who is defiant,Meaning, she is the one who says: saying, "I am going to my family and I will not stay with you," then she has no right over her husband, and she is the one who has sinned, and she must return to her husband.
So the ruling is: if the husband is being unjust between her and her co-wife, then he is sinful, and she has the right to stay away from him. But if he is fulfilling his obligation, then she has no right to stay away from him, and she must return to her home.
The questioner: But is it permissible for him to divorce her?The Shaykh: If he wishes, he may divorce her, and there is nothing wrong with his divorcing her.