A man married two wives and said to the older one, "Either I divorce you or I will not have intercourse with you," and he had intercourse with the second but not the first, while he was fair between them in maintenance and other matters?
Machine translationRead the Arabic original
The questioner : The Shaykh, may Allah reward you. A man married two women, and to the older one, for example, he said: "Either I divorce you or I will not have intercourse with you." He had intercourse with the second, but on the first woman's night he did not have intercourse, yet he was fair between them?
The Shaykh : In maintenance.
The questioner : Yes.
The Shaykh : What do you say about this?
That is, a man says: He has two wives, an older one and a newer one. He said to the older one: "If you wish to stay with me on the basis of the fairness you receive from me, then stay; and if you wish, I will divorce you." So she said: "I will stay with you, and what comes to me from you is sufficient for me." Is this permissible for him?
The questioner : Provided that he does not cause her harm.
The Shaykh : No, he does not harm her.
Yes, we say: It is permissible, because the hadith of Sawdah indicates this. The hadith of Sawdah indicates this.
The questioner : Even if he stipulated no intercourse?
The Shaykh : Even if he stipulated no intercourse.
The reader: Praise be to Allah, Lord of the worlds, and blessings and peace be upon our Prophet Muhammad, and upon his family and all his Companions:
And after that: The author (may Allah have mercy on him) said: "Chapter on Division:
From Aisha (may Allah be pleased with her), she said:Bulugh al-Maram 8:104 It was narrated by the four and authenticated by Ibn Hibban and al-Hakim, but al-Tirmidhi preferred its being mursal (missing the Companion link) " .
The Shaykh : In maintenance.
The questioner : Yes.
The Shaykh : What do you say about this?
That is, a man says: He has two wives, an older one and a newer one. He said to the older one: "If you wish to stay with me on the basis of the fairness you receive from me, then stay; and if you wish, I will divorce you." So she said: "I will stay with you, and what comes to me from you is sufficient for me." Is this permissible for him?
The questioner : Provided that he does not cause her harm.
The Shaykh : No, he does not harm her.
Yes, we say: It is permissible, because the hadith of Sawdah indicates this. The hadith of Sawdah indicates this.
The questioner : Even if he stipulated no intercourse?
The Shaykh : Even if he stipulated no intercourse.
The reader: Praise be to Allah, Lord of the worlds, and blessings and peace be upon our Prophet Muhammad, and upon his family and all his Companions:
And after that: The author (may Allah have mercy on him) said: "Chapter on Division:
From Aisha (may Allah be pleased with her), she said: