What is the ruling on a woman stipulating in the marriage contract that her husband not marry a second wife?
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Question:
The questioner asks: Is it permissible for a woman to stipulate to the husband during the contract that he not marry a second wife?
Answer:
There is no harm; I do not know of any harm; because of his saying (peace and blessings be upon him):Bulugh al-Maram 8:32 So if he marries her on the condition that he will not marry another over her, then her condition is valid. If he marries another over her, she has the choice: if she wishes, she may demand a divorce, and if she prefers to remain, she stays with him. However, if he marries another while she had stipulated this to him, he is obligated to divorce her, unless she forgives him; because the Messenger (peace and blessings be upon him) said: Bulugh al-Maram 8:32 Narrated by al-Bukhari and Muslim in the two authentic collections. He also said (may Allah’s peace and blessings be upon him): So if he marries her on the condition that he will not marry another over her, and then he desires to do so, he should consult her. If she permits it, there is no harm; otherwise, he must divorce her. Yes.
The questioner asks: Is it permissible for a woman to stipulate to the husband during the contract that he not marry a second wife?
Answer:
There is no harm; I do not know of any harm; because of his saying (peace and blessings be upon him):
The most worthy conditions to be fulfilled are those by which you make sexual intercourse lawful for yourselves (in marriage).
إن أحق الشروط أن يوفى به ما استحللتم به الفروجMuslims are bound by their conditions
المسلمون على شروطهمThe most worthy conditions to be fulfilled are those by which you make sexual intercourse lawful for yourselves (in marriage).
إن أحق الشروط أن يوفى به ما استحللتم به الفروجMuslims are bound by their conditions
المسلمون على شروطهم
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
