A man who has a wife and marries another wife, and the first wife asks him to give her jewelry like what he gives the second wife: is he obligated to do so or not?
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The questioner : This is a questioner, may the Shaykh be honored, who says: A man who has a wife and marries...
The Shaykh : Repeat the question?
The questioner : A man who has a wife.
The Shaykh : Yes.
The questioner : And he married another wife, and the first wife asked him to give her jewelry like what he gives the second wife. Is he obligated to do so or not? May you be rewarded.
The Shaykh : He is not obligated to give the first wife what he gave the second wife in accordance with the custom that a married woman is given. However, if he gives her more than what a married woman is given, he is obligated to give the first wife what he gave her to the extent of the excess.
An example of this is if it is customary that when a man marries a woman, he gives her jewelry worth ten thousand riyals. In this case, he does not give the first wife anything. But if he gives her jewelry worth eleven thousand riyals, he is obligated to give the first wife one thousand, because this one thousand is in excess of what is customary for a married woman to be given.
The correct view regarding justice between wives is that it is obligatory for the husband to be just between them in everything in which he can be just, whether in gifts or expenses, and even in intercourse, if he is able. He is obligated to be just in that, because the Prophet (peace and blessings be upon him) saidSunan Abi Dawud 2133Sahih (Al-Albani) Unless the other wife agrees to relinquish her right to justice, in which case there is no harm on him in preferring the other over the one who relinquished her right, to the extent of what she relinquished. The evidence for this is that Sawdah bint Zam'ah, one of the Mothers of the Believers (may Allah be pleased with them), gave her day to 'A'ishah. So the Prophet (peace and blessings be upon him) would allocate to 'A'ishah her day and Sawdah's day. If the other wife agrees that her co-wife is preferred over her in maintenance or a gift or otherwise, the right is hers, and there is no harm on the husband in accepting this woman's relinquishment of her right. But it is not permissible for him to make things difficult for her until she relinquishes, because her relinquishment would be under compulsion, and it is not permissible for a person to be compelled to relinquish his right. Yes.
The questioner : May Allah bless you.
The Shaykh : Repeat the question?
The questioner : A man who has a wife.
The Shaykh : Yes.
The questioner : And he married another wife, and the first wife asked him to give her jewelry like what he gives the second wife. Is he obligated to do so or not? May you be rewarded.
The Shaykh : He is not obligated to give the first wife what he gave the second wife in accordance with the custom that a married woman is given. However, if he gives her more than what a married woman is given, he is obligated to give the first wife what he gave her to the extent of the excess.
An example of this is if it is customary that when a man marries a woman, he gives her jewelry worth ten thousand riyals. In this case, he does not give the first wife anything. But if he gives her jewelry worth eleven thousand riyals, he is obligated to give the first wife one thousand, because this one thousand is in excess of what is customary for a married woman to be given.
The correct view regarding justice between wives is that it is obligatory for the husband to be just between them in everything in which he can be just, whether in gifts or expenses, and even in intercourse, if he is able. He is obligated to be just in that, 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 كانت له امرأتان فمال إلى إحداهما جاء يوم القيامة وشقه مائلThe questioner : May Allah bless you.