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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on a wife waiving her right to cohabitation if her husband wants to divorce her for a reason

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The Shaykh : As for a wife remaining with this husband without any of her rights, that is up to her; it is up to her. But if a man enjoys one of the two wives as he enjoys the other, yet he deprives one of her right to him and prefers the first over her, that is not permissible.

The questioner: Yes.

The Shaykh : The ruling you heard is specific to a woman whose husband wants to divorce her.

The questioner: Yes.

The Shaykh : Whatever is said about it is the Sunnah, as in the hadith of Sawdah. For example, she might be ill and he is unable to attend to her needs, so he sends her back to her family, and so on. Or she might be unattractive, not beautiful, and does not arouse his desire, and he does not enjoy her as men enjoy women. For whatever reason he wants to divorce her, she says, "No, I am content to live under your protection and with your financial support, and so on, and I have no right to cohabitation with you."

The questioner : Yes, may Allah reward you with good.

The questioner : Shaykh, may Allah honor you. Regarding our brother's questions...
Source www.al-albany.com

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

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