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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on the second wife stipulating the divorce of the first wife

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Question:
The woman the man wants to marry stipulates that he must divorce the first wife, and is it permissible for him to accept this condition without a reason from the first wife?

Answer:
This is not permissible. Some people say: if another man proposes to them, and the suitor has a wife, they say: on the condition that you divorce your wife. This is not permissible. The Messenger (peace and blessings be upon him) forbade that; he forbade a woman from stipulating the divorce of her sister.
So the conclusion: It is not permissible for the woman being proposed to to stipulate to the suitor that he must divorce his current wife. Rather, this is an injustice and aggression on their part. They have no right to this condition, and he is not obligated to fulfill it, for this is a reprehensible condition. He should inform them that this is not permissible, that the Messenger (peace and blessings be upon him) forbade this condition, and that it is not befitting for you to do this. If they insist, their condition is invalid, as the Prophet (peace and blessings be upon him) said in the story of Barirah:
Any condition which is not in Allah's Laws is invalid even if there were a hundred such conditions. Allah's Rules are the most valid and Allah's Conditions are the most solid.كل شرط ليس في كتاب الله فهو باطل، وإن كان مائة شرط، قضاء الله أحق، وشرط الله أوثق
Sahih al-Bukhari 2729
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Source binbaz.org.sa

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

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