The husband’s attention to one of his two wives to the exclusion of the other
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The following message was received by the program from Iraq, Nineveh, and was sent by our sister: Hafsa Yunus Muhammad. Our sister is asking a set of questions, among which is a question about her uncle who married a new woman, so he did not pay attention to anyone but her and her children, and he left the children of his first wife. What is the ruling, if you would be so kind, O Shaykh?
Answer: It is obligatory to advise him. It is obligatory for his brothers and friends to advise him until he treats the mother of his first wife’s children well, and until he recognizes her rights and her virtue, and that he does not forget her, turn away from her, and deprive her of her rights. If it is absolutely necessary and he has no desire for her, then he must give her the choice: if she wishes, she can be patient with what Allah has made easy for her, and if she wishes, she can ask for a divorce. If she asks for a divorce, it is obligatory for him to either divorce her or treat her with justice in comparison to the new wife. He has no right to hold her back without treating her justly; rather, he must treat both of them justly or respond to her request for divorce by divorcing her. If he divorces her, he must provide her with financial maintenance for the waiting period. If he divorces her with a single revocable divorce, which is the recommended practice, he should divorce her only once, not with three divorces. He should divorce her once, provide her with financial maintenance for the waiting period, and recognize her virtue. Allah says: [Surat al-Baqarah: 237].
Therefore, he should not forget her previous status and that she is the mother of his children. He should honor her, pay attention to her, and make her happy with whatever assistance is easy for him. This is how good men, those with noble character and high, kind souls, should act. However, he is not required to keep her in his marriage if he wishes to divorce her; he has the right to divorce her. If she is patient and does not ask for a divorce, hoping that he will return to her, or because she does not need a divorce since she does not desire marriage to anyone else, then if she is patient, there is nothing wrong with it. He should treat her well, recognize her previous status, and be generous with her with what Allah has made easy for him, and not forget her. This is what is prescribed for him.
And his good relatives should advise him until he treats her justly or divorces her if she asks for a divorce.
Yes, and success is from Allah.
Answer: It is obligatory to advise him. It is obligatory for his brothers and friends to advise him until he treats the mother of his first wife’s children well, and until he recognizes her rights and her virtue, and that he does not forget her, turn away from her, and deprive her of her rights. If it is absolutely necessary and he has no desire for her, then he must give her the choice: if she wishes, she can be patient with what Allah has made easy for her, and if she wishes, she can ask for a divorce. If she asks for a divorce, it is obligatory for him to either divorce her or treat her with justice in comparison to the new wife. He has no right to hold her back without treating her justly; rather, he must treat both of them justly or respond to her request for divorce by divorcing her. If he divorces her, he must provide her with financial maintenance for the waiting period. If he divorces her with a single revocable divorce, which is the recommended practice, he should divorce her only once, not with three divorces. He should divorce her once, provide her with financial maintenance for the waiting period, and recognize her virtue. Allah says:
And do not forget graciousness between you
وَلا تَنسَوُا الْفَضْلَ بَيْنَكُمْTherefore, he should not forget her previous status and that she is the mother of his children. He should honor her, pay attention to her, and make her happy with whatever assistance is easy for him. This is how good men, those with noble character and high, kind souls, should act. However, he is not required to keep her in his marriage if he wishes to divorce her; he has the right to divorce her. If she is patient and does not ask for a divorce, hoping that he will return to her, or because she does not need a divorce since she does not desire marriage to anyone else, then if she is patient, there is nothing wrong with it. He should treat her well, recognize her previous status, and be generous with her with what Allah has made easy for him, and not forget her. This is what is prescribed for him.
And his good relatives should advise him until he treats her justly or divorces her if she asks for a divorce.
Yes, and success is from Allah.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.