The ruling on a husband neglecting financial maintenance for his first wife
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Question:
The questioner says: My father has been married to a second woman for more than ten years. He does not provide for my mother, nor for my brothers; rather, he provides for his other wife and her children, who are my brothers on my father’s side, on the pretext that he cannot afford to provide for my mother and my brothers. The excuse is that my brothers have been employed and have salaries, even though some of them are still students and take their expenses from their employed sister and their employed brother. What is the ruling? She says: My father asks my brothers to give him some of their salaries, and he gets angry if they do not give it to him, even though my father is an employee and receives a monthly salary. But he says that he is in debt and has many debts, but Allah knows best. In any case, if the situation is as I have described to you, am I allowed to pay the zakat of my wealth to my father? Please give us a ruling, may Allah reward you.
Answer:
It is obligatory for the father to provide for his first wife if her children do not provide for her. However, if her children suffice her in terms of expenses, and they have provided for her sufficiently, that is enough, because her children are his, and his right over them is great. The Messenger of Allah (peace and blessings be upon him) said: So if they suffice her in terms of her expenses and provide for her, that is enough, and praise be to Allah. But if they do not suffice her, and she seeks maintenance, she has a choice: if she wishes, she can be patient, and if she wishes, she can say: Divorce me. She seeks divorce if she does not bear it, otherwise she is patient. And if her children provide for her and suffice her in terms of expenses, praise be to Allah, and there is no blame on him.
And if he asks them for something, they must give him from their wealth what does not harm them. But if it harms them and they are unable to do so, it is not obligatory for them to do so. [Surat al-Taghabun: 16] But as long as they are able, they must please him and give him from their salaries what helps him to pay off his debt and to provide for his new wife. The Prophet (peace and blessings be upon him) said: Sunan Ibn Majah 2290Sahih (Darussalam) And he (peace and blessings be upon him) said: The right of the father is great.
So it is obligatory for them to strive to please him and to help him, and to take care of their mother. And if their mother does not bear it and says: My father’s maintenance is from the husband, she gives him a choice, she seeks divorce, unless her children provide for her, in which case she has no right, because the maintenance of her children is like his maintenance. If they provide for her with what suffices her, praise be to Allah. But if they do not provide for her, and he does not provide for her either, then she has the right to seek divorce. Yes.
The presenter: Justice between wives is a required matter. Do you have anything to conclude this...?
The Shaykh: Justice is obligatory, but if her children provide for her, they take his place, and praise be to Allah, he is not called unjust. His children take his place in providing for her, but he must give her a share just as he gives to her co-wife. Yes.
The presenter: Thank you, Your Eminence, and may Allah bless you, your knowledge, and benefit the Muslims through you.
The questioner says: My father has been married to a second woman for more than ten years. He does not provide for my mother, nor for my brothers; rather, he provides for his other wife and her children, who are my brothers on my father’s side, on the pretext that he cannot afford to provide for my mother and my brothers. The excuse is that my brothers have been employed and have salaries, even though some of them are still students and take their expenses from their employed sister and their employed brother. What is the ruling? She says: My father asks my brothers to give him some of their salaries, and he gets angry if they do not give it to him, even though my father is an employee and receives a monthly salary. But he says that he is in debt and has many debts, but Allah knows best. In any case, if the situation is as I have described to you, am I allowed to pay the zakat of my wealth to my father? Please give us a ruling, may Allah reward you.
Answer:
It is obligatory for the father to provide for his first wife if her children do not provide for her. However, if her children suffice her in terms of expenses, and they have provided for her sufficiently, that is enough, because her children are his, and his right over them is great. The Messenger of Allah (peace and blessings be upon him) said:
You and your wealth belong to your father
أنت ومالك لأبيكAnd if he asks them for something, they must give him from their wealth what does not harm them. But if it harms them and they are unable to do so, it is not obligatory for them to do so.
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْThe best of your provision is what you earn, and your children are part of what you earn.
إن أطيب ما أكلتم من كسبكم، وإن أولادكم من كسبكمYou and your wealth belong to your father
أنت ومالك لأبيكSo it is obligatory for them to strive to please him and to help him, and to take care of their mother. And if their mother does not bear it and says: My father’s maintenance is from the husband, she gives him a choice, she seeks divorce, unless her children provide for her, in which case she has no right, because the maintenance of her children is like his maintenance. If they provide for her with what suffices her, praise be to Allah. But if they do not provide for her, and he does not provide for her either, then she has the right to seek divorce. Yes.
The presenter: Justice between wives is a required matter. Do you have anything to conclude this...?
The Shaykh: Justice is obligatory, but if her children provide for her, they take his place, and praise be to Allah, he is not called unjust. His children take his place in providing for her, but he must give her a share just as he gives to her co-wife. Yes.
The presenter: Thank you, Your Eminence, and may Allah bless you, your knowledge, and benefit the Muslims through you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.