If a woman conditions her marriage on the divorce of her co-wife and the man agrees to please her, should he divorce her?
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The questioner : Shaykh, may Allah bless you, we said that a woman conditioning her marriage on the divorce of her co-wife is not permissible, it is not valid, ... .
The Shaykh : Is it?
The questioner : If she conditions it and he agrees to it, knowing its invalidity, in order to ... .
The Shaykh : What?
The questioner : He agreed to it, knowing its invalidity, in order to keep her, ... divorce me ... does the Shari'ah obligate him?
The Shaykh : Divorce her, my son.
The questioner : Yes, divorce her and divorce.
The Shaykh : According to the correct view, he is not obligated.
The questioner : Yes, Shaykh, it is said in the commentary ... .
The Shaykh : According to the correct view, he is not obligated at all. We say he cannot divorce; do you wish to stay or shall we annul the contract?
The questioner : Is it permissible for him, Shaykh, to deceive her?
The Shaykh : No, deception is not permissible. If he says, "on the condition that you divorce your husband," this is a condition that is not valid, and I cannot proceed with this condition. A marriage with an invalid condition has no good in it. Yes?
The questioner : Shaykh, is it not contrary to the Book and the Sunnah for a wife to condition that her husband does not take a concubine or marry another woman?
The Shaykh : No, it is not contrary.
The questioner : The Book, Shaykh, has made plural marriage lawful ...
The Shaykh : Yes, but all conditions that contradict the absolute nature of the contract, whether they prohibit or permit, including conditions in sales, all conditions in contracts must define the contract that Allah has made absolute. This is necessary. This is his right to marry, but he said, "I will not marry." Well, do we drop his right? There is no harm to others, like the condition of divorcing the co-wife; there is no harm to others.
The questioner : ... .
The Shaykh : Yes?
The questioner : The time, O Shaykh.
The Shaykh : The time is up, five minutes later ... okay ... Adam ... .
The Shaykh : Is it?
The questioner : If she conditions it and he agrees to it, knowing its invalidity, in order to ... .
The Shaykh : What?
The questioner : He agreed to it, knowing its invalidity, in order to keep her, ... divorce me ... does the Shari'ah obligate him?
The Shaykh : Divorce her, my son.
The questioner : Yes, divorce her and divorce.
The Shaykh : According to the correct view, he is not obligated.
The questioner : Yes, Shaykh, it is said in the commentary ... .
The Shaykh : According to the correct view, he is not obligated at all. We say he cannot divorce; do you wish to stay or shall we annul the contract?
The questioner : Is it permissible for him, Shaykh, to deceive her?
The Shaykh : No, deception is not permissible. If he says, "on the condition that you divorce your husband," this is a condition that is not valid, and I cannot proceed with this condition. A marriage with an invalid condition has no good in it. Yes?
The questioner : Shaykh, is it not contrary to the Book and the Sunnah for a wife to condition that her husband does not take a concubine or marry another woman?
The Shaykh : No, it is not contrary.
The questioner : The Book, Shaykh, has made plural marriage lawful ...
The Shaykh : Yes, but all conditions that contradict the absolute nature of the contract, whether they prohibit or permit, including conditions in sales, all conditions in contracts must define the contract that Allah has made absolute. This is necessary. This is his right to marry, but he said, "I will not marry." Well, do we drop his right? There is no harm to others, like the condition of divorcing the co-wife; there is no harm to others.
The questioner : ... .
The Shaykh : Yes?
The questioner : The time, O Shaykh.
The Shaykh : The time is up, five minutes later ... okay ... Adam ... .