A woman complains about her husband's treatment, saying she lived with him for ten years and he did not give her children, six of which were in Saudi Arabia
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The questioner : She is complaining about her husband's treatment, saying she lived with him for ten years and he did not give her children, six of which were in Saudi Arabia, and four in Jordan in my apartment with my husband. He used to come to me every year, then he would be absent for more than a year. When he returned, he told me that he had married. I now respect him and respect his father, but his father speaks ill of me. Is it permissible for a man to behave in this manner?
The Shaykh : The act of marrying a second woman is something he is permitted to do.
The questioner : Yes.
The Shaykh : Up to four, based on the saying of Allah the Exalted:[An-Nisa 4:3] Unless the woman had stipulated in the marriage contract that he not marry another woman over her. In that case, the correct view is that this is a permissible condition that is binding on the husband. If he does not fulfill it and marries another woman over her, he has done wrong, unless there is a reason that necessitates it. In that case, she has the choice between remaining with him or separating from him.
The questioner : Yes.
The Shaykh : The marriage is annulled, but what appears from this woman's question is that there was no such condition between her and her husband.
The questioner : Yes.
The Shaykh : He is then free to marry another woman, but he is not free to mistreat the first wife or to deprive her of her rights regarding sharing time, financial maintenance, and other matters. It was reported in a hadith from the Prophet (peace and blessings be upon him) thatSunan Abi Dawud 2133Sahih (Al-Albani) .
The questioner : We seek refuge in Allah.
The Shaykh : Yes.
The Shaykh : The act of marrying a second woman is something he is permitted to do.
The questioner : Yes.
The Shaykh : Up to four, based on the saying of Allah the Exalted:
then marry those that please you of [other] women, two or three or four
فانكحوا ما طاب لكم من النساء مثنى وثلاث ورباعThe questioner : Yes.
The Shaykh : The marriage is annulled, but what appears from this woman's question is that there was no such condition between her and her husband.
The questioner : Yes.
The Shaykh : He is then free to marry another woman, but he is not free to mistreat the first wife or to deprive her of her rights regarding sharing time, financial maintenance, and other matters. It was reported in a hadith from the Prophet (peace and blessings be upon him) that
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 : We seek refuge in Allah.
The Shaykh : Yes.
