𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (250)

Common Challenges of Polygamous Marriages Question: A man married a second wife due to the disobedience of his first wife. She argues that her disobedience was due to him beating and insulting her. She had initially told him that she no longer wanted him and that he could go and get married. He warned her at the time that if he married another woman, he would not be able to maintain fairness between them. He then married the second wife, and after two years, the first wife demanded fairness. The man refused, saying that he had already informed her that he could not provide fairness if he married another wife. As a result, he neglects her entirely, providing neither financial support nor time with her, but he also refuses to divorce her, leaving her in a state of limbo. What is the ruling on this situation? Can he use the excuse that he had conditioned a lack of fairness on her, and is he free from sin? Sheikh Yahya ḥafidhahullāh: Allah said: {فَإِنۡ خِفۡتُمۡ أَلَّا تَعۡدِلُوا۟ فَوَ ٰ⁠حِدَةً أَوۡ مَا مَلَكَتۡ أَیۡمَـٰنُكُمۡۚا۟} "If you fear that you will not be just, then [marry only] one or those your right hands possess [i.e., slaves]." [Surah An-Nisāʾ: 3] The man is obligated to either act justly as Allah has commanded, or the wife herself must willingly agree to forgo her rights, whether that be in terms of living together without financial support, or financial support without living together, depending on what they mutually agree upon. But if she desires her marital rights, fearing fitnah for herself and wanting to maintain her chastity, he cannot justify neglecting her by claiming that he made a condition with her. { فَإِمۡسَاكُۢ بِمَعۡرُوفٍ أَوۡ تَسۡرِیحُۢ بِإِحۡسَـٰنࣲ} "Either keep [her] in an acceptable manner or release [her] with good treatment." [Surah Al-Baqarah: 229] {فَلَا تَمِیلُوا۟ كُلَّ ٱلۡمَیۡلِ فَتَذَرُوهَا كَٱلۡمُعَلَّقَةِ} "So do not incline completely [toward one wife] and leave another hanging." [Surah An-Nisāʾ: 129] { للَّذِینَ یُؤۡلُونَ مِن نِّسَائهِمۡ تَرَبُّصُ أَرۡبَعَةِ أَشۡهُرࣲۖ فَإِن فَاۤءُو فَإِنَّ ٱللَّهَ غَفُورࣱ رَّحِیمࣱ * وَإِنۡ عَزَمُوا۟ ٱلطَّلَـٰقَ فَإِنَّ ٱللَّهَ سَمِیعٌ عَلِیمࣱ } "Those who swear not to have sexual relations with their wives must wait four months. Then if they return, Allah is Forgiving and Merciful. But if they decide on divorce, Allah is Hearing and Knowing." [Surah Al-Baqarah: 226 - 227] Questioner: Additionally, the second wife claims that she had an agreement with the husband that he would not reconcile with his first wife. Now, when the husband wants to give his first wife her basic rights, the second wife insists that he fulfill his promise. The Prophet ﷺ said: ((إن أَحَقَّ الشُّرُوطِ أَنْ تُوفُوا بِهِ مَا اسْتَحْلَلْتُمْ بِهِ الْفُرُوجَ)) "The most deserving conditions to be fulfilled are those that make lawful sexual relations." Does this agreement need to be honoured, given that he has not divorced his first wife and she is living with one of her children? Sheikh: This condition is invalid. If she stipulated that he would not treat his first wive fairly, it is a condition that is not in accordance with Allah's law and is therefore void. ((كل شَرْطٍ لَيْسَ فِي كِتَابِ اللهِ فَهُوَ بَاطِلٌ)) "Any condition not in the Book of Allah is invalid." @womensbenefits