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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If the wife stipulates in the marriage contract that he not marry another woman over her, is it obligatory for him to fulfill this condition?

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The questioner : If the wife stipulates in the marriage contract that he not marry another woman over her, is it obligatory for him to fulfill this condition?

The Shaykh : This question asks: Does fulfilling the conditions of the marriage contract include this?
The answer is yes. In fact, the Prophet (peace and blessings be upon him) said:
The condition worthier to be fulfilled by you is the one by which you made the private parts (of your wife) lawful (for you). إن أحق الشروط أن توفوا به ما استحللتم به الفروج
Sunan Abi Dawud 2139Sahih (Al-Albani)
. So, if a woman stipulates to her husband that he not marry another woman over her, is the condition valid? It is valid. And if the wife stipulates that he divorce the wife he already has, is that valid? It is not valid. The difference is apparent, because the second involves aggression against the first wife, whereas the first involves no aggression against anyone. In the first case, the husband refrains from what Allah has permitted him, but by his own choice, as he is the one who agreed. However, if he insists on marrying another and does so, what do we say? We say she has the option: if she wishes, she remains with him, and if she wishes, she annuls the marriage.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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