A man agreed to a condition for his wife but did not fulfill it due to circumstances; what is the ruling, such as if she continues in her job?
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The questioner : Peace be upon you and Allah’s mercy.
If a husband agrees to one of the conditions and does not fulfill it after a period of time due to specific circumstances, what is the ruling?
The Shaykh : If a husband imposes a condition on himself, or agrees to a condition that the wife or her guardian imposed, then if he does not fulfill it, the wife has the right to annul the marriage; she may annul the marriage contract.
The questioner : If he does not fulfill it due to specific circumstances?
The Shaykh : Even in specific circumstances, unless at the time of the condition he said, "Yes, I commit to this, provided that such and such does not happen," in which case he is bound by what he conditioned. However, if he said, "I commit to this absolutely," then he is bound by it, otherwise she has the right to annul the marriage.
When this occurred in the time of 'Umar ibn al-Khattab (may Allah be pleased with him), they said, "O Commander of the Faithful, then they will divorce us." He (may Allah be pleased with him) said: "The severance of rights is at the conditions". So whoever sets a condition for himself is the most entitled to it, but the husband in this case may ask the woman to relinquish it, even for a compensation he gives her.
The questioner : If he prevents her from going to work because of the presence of children and the loss of their rights and his rights due to going to work?
The Shaykh : It is no doubt that if a woman has children, it is more beneficial for her and her children for her to remain in her home. However, in this case, he should convince her and explain to her that this is better, and that her going to work for compensation is a waste of her home and a waste of her children. If she is convinced, even for a compensation he gives her, that is good. If she does not, she remains on her condition, unless he was conditioned to commit to allowing her to teach or work on the condition that no children come to distract her. If he mentioned this, he is bound by his condition.
If a husband agrees to one of the conditions and does not fulfill it after a period of time due to specific circumstances, what is the ruling?
The Shaykh : If a husband imposes a condition on himself, or agrees to a condition that the wife or her guardian imposed, then if he does not fulfill it, the wife has the right to annul the marriage; she may annul the marriage contract.
The questioner : If he does not fulfill it due to specific circumstances?
The Shaykh : Even in specific circumstances, unless at the time of the condition he said, "Yes, I commit to this, provided that such and such does not happen," in which case he is bound by what he conditioned. However, if he said, "I commit to this absolutely," then he is bound by it, otherwise she has the right to annul the marriage.
When this occurred in the time of 'Umar ibn al-Khattab (may Allah be pleased with him), they said, "O Commander of the Faithful, then they will divorce us." He (may Allah be pleased with him) said: "The severance of rights is at the conditions". So whoever sets a condition for himself is the most entitled to it, but the husband in this case may ask the woman to relinquish it, even for a compensation he gives her.
The questioner : If he prevents her from going to work because of the presence of children and the loss of their rights and his rights due to going to work?
The Shaykh : It is no doubt that if a woman has children, it is more beneficial for her and her children for her to remain in her home. However, in this case, he should convince her and explain to her that this is better, and that her going to work for compensation is a waste of her home and a waste of her children. If she is convinced, even for a compensation he gives her, that is good. If she does not, she remains on her condition, unless he was conditioned to commit to allowing her to teach or work on the condition that no children come to distract her. If he mentioned this, he is bound by his condition.