Or not taking her out of her home or her country, or stipulating a specific currency or an increase in her mahr; if so, it is valid. If he violates it, she has the right to annul the marriage.

The Shaykh : Likewise, not taking her out of her home. If she stipulated that he should not take her out of her home or her country, this condition is valid. The default rule is that if a man marries a woman, he has the right to travel with her and take her out of her home, for she is his property. The captive is the prisoner, and Allah named the husband her master. Therefore, she has no right to object if he wants to travel with her. However, if she stipulated that he should not travel with her and not take her out of her home, she has that right, and the condition is valid.
"Or she stipulated a specific currency" meaning in the mahr. She said, "I stipulate that my mahr be in five-hundred riyal notes." Is this valid?

The questioner : Yes.

The Shaykh : Okay, she stipulated that it be in dollars, meaning US dollars? Is this valid? Likewise, if she stipulated an increase in her mahr, for example, saying, "I want you to give me ten thousand riyals, whereas the customary mahr is five thousand," and he committed to that, is the condition valid?

The questioner : It is valid.

The Shaykh : Huh?

The questioner : It is valid.

The Shaykh : Is it correct?

The questioner : Yes.

The Shaykh : The condition is valid, and he is obligated to pay the mahr.
He said, "It is valid". This is the answer to the statement: "If she stipulated the divorce of her co-wife." It turns out that all the conditions mentioned by the author are valid, except for one condition, which is if she stipulated the divorce of her co-wife. Okay.
"If he violates it, she has the right to annul the marriage". If he violates what? If he violates the condition and does not fulfill it, then she has the right to annul the marriage. Okay. And if she is satisfied? She has the right to be satisfied. The matter is in her hand; if she wishes, she annuls it, and if she wishes, she does not annul it. The author (may Allah have mercy on him) did not clarify whether the violation is forbidden such that he is obligated to fulfill the condition, or whether it is not forbidden. The school of thought (madhhab) is that he is not obligated to fulfill the condition, but it is recommended (sunnah) for him to fulfill the condition. They reasoned that if he does not fulfill it, she has the option (khiyar), meaning she has benefited. And if she has benefited, we do not compel him. For example, if she stipulated that he should not take her out of her country, and he is determined to travel with her, we do not say that he has sinned; rather, we say that the best course is to fulfill the condition and not travel with her. If he travels and is determined, she has the right to annul the marriage. However, the correct view is that fulfilling the condition is obligatory. The correct view is that fulfilling the conditions in marriage, if they are valid, is obligatory, based on the evidence of the Qur'an and the Sunnah. The Qur'an, the Sunnah, and noble morals. As for the Qur'an, Allah the Exalted said: The command to fulfill contracts includes fulfilling the original contract and the conditions of the contract, which are considered attributes of the contract. Are you with us, everyone? So if someone says, "The conditions are additions to the contract," we say, "But they are attributes of the contract." And His saying, the Exalted: Are the conditions part of the covenant, or not?

The questioner : Yes.

The Shaykh : Part of the covenant, or not?

The questioner : Yes.

The Shaykh : Yes, they are part of the covenant, without doubt, because the one to whom the condition is imposed has committed to it, so he is obligated to fulfill what he committed to. As for the Sunnah, it is based on the saying of the Prophet (peace and blessings be upon him): It is well known that conditions must be fulfilled. Conditions in sales must be fulfilled, conditions in leases must be fulfilled, and conditions in endowments must be fulfilled. The most deserving conditions to be fulfilled are the conditions in marriage, because they are the means by which we have made sexual intercourse lawful. If we had not committed to this condition, we would not have been able to marry this woman who stipulated it, and thus we would not have made her sexual intercourse lawful except by this condition. The correct view is that fulfilling the conditions in marriage is obligatory. As for it being in accordance with manliness and morals, it is because it is not of noble character to marry a woman on the condition that you will not marry another woman, and then to ruin her, violate her virginity, and leave her stagnant among people, and then go and marry another woman. This is not manliness and not of good character. But if he says, "I stipulated that in the contract because at that time I did not find a woman, and I said I would let things go, but now I cannot bear to be with just one woman; I want another," we say, "Satisfy your first wife until she waives her right to the condition, and then you may marry." As long as she is holding onto it, you do not have the right to violate it. But the problem that causes difficulty here is if he says, "Then I will divorce her and be at ease." We say, "As for divorce, we do not prevent you from divorcing, because it is your right. But in this situation, we say that perhaps it is manliness to say to her, 'I am unable to fulfill this condition, and you have the option. If you wish, I will divorce you, and if I divorce you, the condition is dropped. If you wish, you remain, and I waive the condition.' This is the most difficult situation, because it is problematic. The husband has the right to divorce, even if there is some hurt to the woman, but praise be to Allah in any case."
We take ... this.