Regarding the Personal Status Law in Egypt, if a man wished to marry another woman while already married, he was required to seek his wife's permission.
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The questioner : Regarding the Personal Status Law in Egypt, if a man wished to marry another woman while already married, he was required to seek his wife's permission. Some scholars cited the hadith of Fatimah as evidence, where the Messenger (peace and blessings be upon him) told 'Ali ibn Abi Talib: "If you wish to marry another woman while married to her, divorce my daughter..."
The Shaykh : Yes, the hadith is in Sahih al-Bukhari, but citing it as evidence is a clear error. First, because of the generality of the saying of the Exalted:[An-Nisa 4:3], and there is no explicit statement in the Sunnah that a husband must seek his wife's permission if he wishes to marry another woman while already married to her. Second, this hadith you refer to is a specific ruling for the Messenger of Allah (peace and blessings be upon him and his family), and the cause is mentioned in the hadith itself; he (peace and blessings be upon him) said: .
This ruling is similar to other rulings that were specific to the Messenger of Allah (peace and blessings be upon him and his family), and some of these extended from the Messenger (peace be upon him) to his household; for example, the prohibition of zakah for all of them. Among the specific rulings for him (peace be upon him) is that it is not permissible for any of his sons-in-law who married one of his daughters to marry another woman while married to her, because of what is known to occur between co-wives, even if they are believing and righteous women like the wives of the Prophet (peace and blessings be upon him). Nevertheless, it is not free from some friction and jealousy, to the point that some of them said about Safiyyah: "This is the Jewish woman," referring to her origin when she was a Jew before she became a Muslim, after she became a wife of the Prophet (peace and blessings be upon him). Since this is a known and observed matter regarding what occurs between co-wives, the Messenger of Allah (peace and blessings be upon him) anticipated what would happen if 'Ali (may Allah be pleased with him) married another woman while married to Lady Fatimah. It had reached him (peace be upon him) that 'Ali wished to marry the daughter of Abu Jahl. Of course, she is a Muslim and an excellent Companion, so the Messenger (peace be upon him) forbade him and said: ... She is a piece of his body (peace be upon him), and what harms her harms him. So when 'Ali (may Allah be pleased with him) wished to marry another woman while married to Fatimah, there is no doubt that Fatimah would be hurt, at least at times. This hurt would extend from her to her father and to our Prophet (may Allah's prayers and peace be upon him). In that lies a great danger for 'Ali himself, because hurting the Messenger (peace be upon him), as is clear to you all, is not like hurting any other Muslim. Therefore, this ruling was a specific one, so it is not permissible for us to extend it or apply it to any individual among the Muslims.
The truth is that citing this hadith as evidence is one of the trials of this age, in which texts are interpreted figuratively and distorted from their correct proofs to support certain legislative or legal deviations. All of this is due to the drift of some or many Muslims, the specialists as well as the common people, with the disbelieving Western current that fights against duality, let alone a Muslim marrying four wives. This is, in reality, a serious deviation that a Muslim must not be deceived by. We are sufficient in this with the previous verse:[An-Nisa 4:3]. It is not hidden from you all that this matter is, in its least state, permissible, and in its best state—which is the stronger position with us—recommended, but with the known condition: justice between the wives, for whoever is able to do so.
Other than that?
The Shaykh : Yes, the hadith is in Sahih al-Bukhari, but citing it as evidence is a clear error. First, because of the generality of the saying of the Exalted:
then marry those that please you of [other] women, two or three or four
فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلَاثَ وَرُبَاعَFatimah is a piece of me; what bothers her bothers me, and what hurts her hurts me.
إنَّ فاطمة بضعةٌ منِّي ، يُريبني ما يُريبها ، ويُؤذيني ما يُؤذيهاThis ruling is similar to other rulings that were specific to the Messenger of Allah (peace and blessings be upon him and his family), and some of these extended from the Messenger (peace be upon him) to his household; for example, the prohibition of zakah for all of them. Among the specific rulings for him (peace be upon him) is that it is not permissible for any of his sons-in-law who married one of his daughters to marry another woman while married to her, because of what is known to occur between co-wives, even if they are believing and righteous women like the wives of the Prophet (peace and blessings be upon him). Nevertheless, it is not free from some friction and jealousy, to the point that some of them said about Safiyyah: "This is the Jewish woman," referring to her origin when she was a Jew before she became a Muslim, after she became a wife of the Prophet (peace and blessings be upon him). Since this is a known and observed matter regarding what occurs between co-wives, the Messenger of Allah (peace and blessings be upon him) anticipated what would happen if 'Ali (may Allah be pleased with him) married another woman while married to Lady Fatimah. It had reached him (peace be upon him) that 'Ali wished to marry the daughter of Abu Jahl. Of course, she is a Muslim and an excellent Companion, so the Messenger (peace be upon him) forbade him and said:
It is not fitting for the daughter of Abu Jahl to be together with Fatimah.
ما كان لبنتِ أبي جهل أن تجتمعَ مع فاطمةThe truth is that citing this hadith as evidence is one of the trials of this age, in which texts are interpreted figuratively and distorted from their correct proofs to support certain legislative or legal deviations. All of this is due to the drift of some or many Muslims, the specialists as well as the common people, with the disbelieving Western current that fights against duality, let alone a Muslim marrying four wives. This is, in reality, a serious deviation that a Muslim must not be deceived by. We are sufficient in this with the previous verse:
then marry those that please you of [other] women, two or three or four
فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلَاثَ وَرُبَاعَOther than that?
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
