A man separated from his second wife for about sixteen years, so what is his obligation? Knowing that he did not divorce her.
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The questioner : May I ask a question?
The Shaykh : Ask, how?
The questioner : A man is married to two women. He left the first one in her country and has not seen her for sixteen years. Is it permissible for him to divorce her so that he does not leave her in his care?
The Shaykh : First, we tell this husband that it is not permissible for him to be unjust in dividing his time between his wives. He must be fair between them, because the Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 2133Sahih (Al-Albani) If it is she who is defiant, meaning she is the one who says, "Go to my family, I will not stay with you," then she has no right over her husband, and she is sinful. It is obligatory for her to return to her husband. So the ruling is: if the husband is unjust between her and her new co-wife, he is sinful, and she has the right to stay away from him. But if he is fulfilling his obligation, she has no right to stay away from him, and it is obligatory for her to return to his home.
The questioner : ... So should he divorce her?
The Shaykh : If he wishes, he may divorce her, and there is no harm. He has the right to divorce her.
The questioner : O Shaykh, may Allah reward you with good: The father is a worker and he had a piece of land.
The Shaykh : Raise your voice.
The questioner : The father is a worker and he had a piece of land, and he was building on it at night because he did not have a building permit. When the time for valuation came, they sold the house.
The Shaykh : Huh?
The questioner : When the time for valuation came.
The Shaykh : Yes, that is right.
The questioner : They sold the house for no money, only on paper, to his wife's daughter.
The Shaykh : The house to his wife's daughter?
The questioner : He is the one who sold it, formally on paper only.
The Shaykh : ...?
The questioner : His wife's daughter.
The Shaykh : His wife's son?
The questioner : His wife's daughter.
The Shaykh : To his wife's daughter?
The questioner : The one who is his daughter by nationality, so that he could benefit from the government house, since it is not permissible to have a government house and valuation. This is in the state of Kuwait. When the house was valued, he took the money and bought land, and the rest of the money he added to a loan from the bank, which is interest-based. He built a building which now generates income. This has been the case for ten years. So what is the ruling and what is the solution? May Allah reward you with good?
The Shaykh : My opinion in this matter is that the man comes to me and I discuss it with him, then we look at what the answer is.
The questioner : I am his son, O Shaykh, and he is an ordinary person.
The Shaykh : Yes, let the ordinary person come and we will see what the matter is.
The questioner : As I told you, O Shaykh.
The Shaykh : No, no, with him. There is no fatwa except for him.
The questioner : He is not interested; I am the one interested.
The Shaykh : ...
The questioner : O Shaykh, I am the one interested; he is not interested.
The Shaykh : What?
The questioner : He is not interested in the matter; I am the one interested.
The Shaykh : It is not your concern.
The questioner : I am his son.
The Shaykh : If he is not interested, then if there is sin, the sin is upon him.
The questioner : And is it permissible for me to take some of his money, for him to give me some?
The Shaykh : No, do not take it. If this money is from the value of the land he sold, do not take it until a fatwa is issued. After that, if he is well-off.
The Shaykh : Ask, how?
The questioner : A man is married to two women. He left the first one in her country and has not seen her for sixteen years. Is it permissible for him to divorce her so that he does not leave her in his care?
The Shaykh : First, we tell this husband that it is not permissible for him to be unjust in dividing his time between his wives. He must be fair between them, because the Prophet (peace and blessings be upon him) said:
When a man has two wives and he is inclined to one of them, he will come on the Day of resurrection with a side hanging down.
من كان له امرأتان فمال إلى إحداهما جاء يوم القيامة وشقه مائلThe questioner : ... So should he divorce her?
The Shaykh : If he wishes, he may divorce her, and there is no harm. He has the right to divorce her.
The questioner : O Shaykh, may Allah reward you with good: The father is a worker and he had a piece of land.
The Shaykh : Raise your voice.
The questioner : The father is a worker and he had a piece of land, and he was building on it at night because he did not have a building permit. When the time for valuation came, they sold the house.
The Shaykh : Huh?
The questioner : When the time for valuation came.
The Shaykh : Yes, that is right.
The questioner : They sold the house for no money, only on paper, to his wife's daughter.
The Shaykh : The house to his wife's daughter?
The questioner : He is the one who sold it, formally on paper only.
The Shaykh : ...?
The questioner : His wife's daughter.
The Shaykh : His wife's son?
The questioner : His wife's daughter.
The Shaykh : To his wife's daughter?
The questioner : The one who is his daughter by nationality, so that he could benefit from the government house, since it is not permissible to have a government house and valuation. This is in the state of Kuwait. When the house was valued, he took the money and bought land, and the rest of the money he added to a loan from the bank, which is interest-based. He built a building which now generates income. This has been the case for ten years. So what is the ruling and what is the solution? May Allah reward you with good?
The Shaykh : My opinion in this matter is that the man comes to me and I discuss it with him, then we look at what the answer is.
The questioner : I am his son, O Shaykh, and he is an ordinary person.
The Shaykh : Yes, let the ordinary person come and we will see what the matter is.
The questioner : As I told you, O Shaykh.
The Shaykh : No, no, with him. There is no fatwa except for him.
The questioner : He is not interested; I am the one interested.
The Shaykh : ...
The questioner : O Shaykh, I am the one interested; he is not interested.
The Shaykh : What?
The questioner : He is not interested in the matter; I am the one interested.
The Shaykh : It is not your concern.
The questioner : I am his son.
The Shaykh : If he is not interested, then if there is sin, the sin is upon him.
The questioner : And is it permissible for me to take some of his money, for him to give me some?
The Shaykh : No, do not take it. If this money is from the value of the land he sold, do not take it until a fatwa is issued. After that, if he is well-off.