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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Justice between wives is a requirement of the Shari'ah

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Question:
This questioner sent this question from al-Zulfi (E. M. M). He says: Your Eminence, my father is married to three women in addition to my mother, but my father does not come to my mother, knowing that she is the mother of the children. This has been the case for a period of more than approximately six years. The reason for this was that my father used to come late at night if it was her day, whereas he did the opposite with his other wives. My mother could not bear this situation and this injustice and other things, so she said to him: If this is your presence with me and this is your conduct with me, then do not come. The question is: Is the sin upon my father who left my mother for six years, or upon my mother who said: Do not come? Is there anything upon her? She means by "presence" the late arrival of this husband, and bringing the child to make him sleep in my mother's bed. I ask you to answer, Your Eminence?

Answer:
There is no doubt that he erred, because it is obligatory for him to be just, unless he had told her: If you are... otherwise I will divorce you. That would be an excuse to her. As for his dividing time among the three and being lax in the rights of the mother, not coming except at the end of the night, or neglecting her, this is an abomination and not permissible. This is injustice. Rather, it is obligatory for him either to be just or to divorce her, unless she consents and says: I am forgiving, whether you come or not. If you come, there is no harm, and if you do not come, there is no harm. If she permits, there is no harm. Sawdah (may Allah be pleased with her), the mother of the believers, the daughter of Zuma'ah, when the Prophet (peace and blessings be upon him) wanted to divorce her, she said:
O Messenger of Allah, leave me in your possession, and I am forgiving of my right, for the sake of A'ishah.يا رسول الله دعني في حبالك وأنا سامحة عن حقي لعائشة
So he left her in his possession and she remained his wife, and he did not divorce her with her consent. So if your mother permits, there is no harm. Otherwise, she has the right to request divorce. Either he must be just or he must divorce her, and the sin is upon him if she did not permit. Yes.

The presenter : Your Eminence: Justice between wives is a required matter. Is there a word of guidance for those who have multiple wives?

The Shaykh : Yes. It is obligatory for all of them to fear Allah the Exalted and to be just. So the one who has two, three, or four wives, it is obligatory for him to fear Allah, and to be just, or to give the choice to the one he has less desire for, saying: If you wish, be patient, and if you wish, I will divorce you. As for him to wrong her and harm her, no. Rather, it is permissible for him to say to her: You are forgiving, so there is no harm, otherwise I will divorce you. If she permits, praise be to Allah, otherwise he divorces her.
As for him to wrong her and not divorce her, that is not permissible. Rather, justice is obligatory in lodging and other matters; because Allah (Mighty and Majestic) made justice obligatory, and Allah says:
And live with them in kindnessوَعَاشِرُوهُنَّ بِالْمَعْرُوفِ
[al-Nisa: 19]. So justice between wives is obligatory. And the Prophet (peace and blessings be upon him) said:
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 زوجتان فمال إلى إحداهما جاء يوم القيامة وشقه مائل
Sunan Abi Dawud 2133Sahih (Al-Albani)
.
So the husband must be just between the two wives or more. And if he has less desire for one of them, he says to her: I have less desire for you. You be patient. Whenever you wish, I will come, otherwise no. Otherwise, I will divorce you. There is no harm. If she permits, he is free of blame, and there is no harm upon him. And if she does not permit, he divorces her. Yes.

The presenter : May Allah reward you with good, Your Eminence the Shaykh.
Source binbaz.org.sa

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

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