He stipulated that she should look after his father, then he took a second wife and she asked him for separate accommodation and to divide the work with her co-wife

The questioner got married to a woman after explaining to her his father's situation, as his father is sick and needs someone to take care of him. She agreed to that, but now he wants to marry a second wife, but the first wife said: If you take a second wife, then it is my right to ask for separate accommodation and to share the care of your father between us (wives). What is your opinion on that? The questioner is saying: How can she request this when it was stipulated from the beginning that she should take care of his father; in fact he only married her for this purpose and no other?.

Praise be to Allaah.

Allah has enjoined fulfilment of covenants and promises. He says (interpretation of the meaning): “O you who believe! Fulfil (your) obligations” [al-Maa’idah 5:1]. The most important covenant that is to be fulfilled is the marriage contract, whether by the husband or by the wife. It was narrated that ‘Uqbah ibn ‘Aamir (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.” Narrated by al-Bukhaari (2572) and Muslim (1418). 

Based on that, what is required from the wife is to fulfil the condition that her husband stipulated, which is to serve and take care of his father. It seems to us that the wife has no right to ask him to divide this work between her and her co-wife, because that was not stipulated in the marriage contract; furthermore, she knows that Allah has permitted him to marry another woman, and she did not stipulate that he should not take another wife. 

As for her request for separate accommodation, she has the right to that unless it was stipulated before marriage that she should take care of his father in his house and that she would not have accommodation separate from his father. In that case, she is obliged to adhere to the two conditions regarding accommodation and taking care of the father, and she does not have the right to ask for separate accommodation or for the work to be divided between her and her co-wife, unless the husband doest hat on his own initiative. 

If the wife cannot put up with her new situation, then she has the right to ask for khula’ (a type of divorce), in which she will give up her mahr to her husband and he will divorce her (talaaq). 

For more details on khula’, see the answer to question number 26247. 

We advise the husband to be wise in his conduct and to fear Allah with regard to his first wife; she has accepted him as a husband and has agreed to serve his sick father. It is not right to respond to that by bringing in a co-wife who will not share the work with her and will have advantages over her which will cause him distress in his life and cause him trouble. 

We are not trying to forbid that which Allah has permitted of plural marriage; but we are aware that part of good attitude on the man’s part is responding in kind to the one who has been kind to him in word and in deed. We do not think that the husband’s insisting on not making his second wife share the work of caring for his father is a good way of responding to his first wife’s good conduct. He should stipulate for the second wife what he stipulated for the first; that is what is fair and wise. 

Whatever the case: 

We think that this wife should adhere to the conditions of marriage that were stipulated for her, but she has the right to ask for khula’ if she fears that she will not be able to fulfil the conditions or fulfil her duties towards her husband. But we think that the husband should do the right thing to get out of this situation, which is stipulating for the second wife what he stipulated for the first of caring for his father. If the marriage contract has been done without that, then he has to deal with her kindly and ask her to serve his father and look after him, working with his first wife. 

And Allah knows best.

He is away from his country and his wife and he wants to take a second wife

I work in Saudi Arabia,Ive been married for ten years but no children. I cannot afford to bring my wife here,If i take a second wife who is working here in Saudia will i be doing injustice to my first wife? since i'll be going for vacation every two years.

Praise be to Allaah.

There is nothing wrong with a man taking a second wife if he is financially and physically able for that. But before you go ahead with this marriage, it is essential for you to note the following:

1.

It is not permissible for a man to be away from his wife for more than four months except with her permission; and if she does not give permission then he must bring her to join him or go back to her. 

It says in Fataawa al-Lajnah al-Daa’imah (19/469): The period during which it is permissible to be away from the wife is four months; this is known as the eela’ period. Staying away for longer than that is haraam, unless it is done with her consent. End quote. 

Shaykh Ibn ‘Uthaymeen said: Part of kind treatment is for him not to be away from his wife for a long time, because it is her right to enjoy intimacy with her husband as it is his right to enjoy intimacy with her. But if she agrees to his absence, even for a long time, then she has the right to do so and there is no blame on the husband. But that is on condition that he leaves her in a safe place where there is no fear for her. End quote. Fataawa Noor ‘ala al-Darb, 10/307 

See also the answer to question no. 102311. 

2.

One of the conditions of its being permissible to take a second wife is fair treatment of both wives, because Allah says (interpretation of the meaning):

“but if you fear that you shall not be able to deal justly (with them), then only one”

[al-Nisa’ 4:3].  

What is meant by fairness or justice here is treating them equally in terms of spending, clothing, accommodation and other material matters. How are you going to achieve fairness between the two wives when one of them will be living with you all the time and you will not see the other one except every two years for a short time? 

Unless your first wife agrees and gives up her rights to time with you during this lengthy period. 

Ibn Qudaamah (may Allah have mercy on him) said: If he has two wives in two different countries, then he must treat them fairly, because he has chosen to keep them far apart from one another, but their rights are not waived as a result of that. He must either go to the one that is far away on the day that is hers, or bring her, or bring both of them to live in one city. 

If she refuses to come even though she is able to, then she forfeits her rights because of her defiance (nushooz). 

If he decides to divide his time between both of them in their own cities or countries, and it is not possible to divide his time between them night by night, then he should make the period spent with each one of them according to what is possible, such as one month with one and one month with the other, or more or less than that, according to what he is able to do and depending on how near or far the two cities are from one another. 

End quote from al-Mughni (8/152) 

See also the answers to questions no. 49044 and 98388 

To sum up: it is permissible for you to take a second wife if your first wife agrees to you being away from her for a long time and she waives her rights to time with you during this period. But if she does not agree, then you do not have the right to go ahead with this marriage because you are not able to treat both wives fairly and justly. 

What you should do is strive hard to bring your wife to join you. If you can do that and then after that you want to take a second wife, then there is nothing wrong with it. 

And Allah knows best.

If a man is absent on the night of one of his wives with or without an excuse, he has to come back and make up that night

My husband travelled before the end of his three nights in my house (as we both agreed). Does he have to come back as soon as he returns to complete the remaining two nights, or can he choose where he wants to stay for the next three?.

Praise be to Allaah.

If the husband divides his time between his wives, spending one night or two nights or three nights with each in turn, then it is the right of each of his wives that he should stay overnight with her on the nights that are allocated to her, because she is entitled to that. If circumstances dictate that he should be absent on the night of one of his wives completely or for a long time, such as if he is imprisoned or is travelling or is getting married, then the right of the wife whose turn it was is not waived; rather when he comes out of prison or returns from his travel or the time allocated to the new wife ends, he has to go back to the wife whose turn it was and stay overnight with her, or complete what is left of her night. This is what is required to be just and fair. 

Al-Shaafa‘i (may Allah have mercy on him) said: If he allocated time to a wife then he went away then he returned, he should start dividing his time with the one whose turn comes next. 

Similarly, if he is not travelling but he is distracted from staying overnight with her, he should resume dividing his time as if he had returned from being away, so he should start with the one whose turn it was. 

And he said: 

If he was with her for part of the night, then he went away then he came back, he should start by making up to her what is left of the night, then he should go to the one whose turn comes next at the end of the night, so that he is being fair to them with regard to dividing his time. 

Al-Umm (5/281). 

Ibn Qudaamah (may Allah have mercy on him) said: 

If he leaves one of his wives during her time, if that is during the day or at the beginning or end of the night, when it is customary to leave the home and go out to pray, that is permissible, because the Muslims go out to pray ‘Isha’ and Fajr before dawn breaks, and with regard to the day, it is the time when people go out and about to earn a living. 

But if he goes out at some other time and comes back quickly, he does not have to make it up for her, because there is no benefit in making that up. But if he stays out for a long time, he should make it up to her, whether his staying out was for an excuse such as work or being detained, or there was no excuse, because her rights were denied by his being away from her. And if he wants to make up for that by staying away from the other wife for as long as he stayed away from this one, that is permissible, because equal treatment is attained by doing that, and because it is permissible for him to stay away for a full night if he does the same to each of his wives; so by analogy it is also acceptable with regard to part of the night. 

Al-Mughni, 8/145 

Another issue with regard to the rights of the wife over the husband, which supports what is mentioned above, is that if the husband wants to travel and draws lots between his wives, and one wife’s name is drawn, then she still has the right to her night after he comes back from his journey, and the fact that he took her with him on his journey does not mean that her right to her night or nights is waived. 

Shaykh al-Khateeb al-Sharbeeni al-Shaafa‘i (may Allah have mercy on him) said: 

Al-Bulqayni said: If the name of the one whose turn it is is drawn, her turn is not included in the period of travel; rather, when he returns, he should still give her her right to a share of his time. In the text of al-Umm there is that which confirms this. 

Mughni al-Muhtaaj, 3/258 

Shaykh Mansoor al-Bahooti al-Hanbali (may Allah have mercy on him) said: 

The husband should still allocate the rightful share of his time to the one he takes with him after choosing her by drawing lots, when he returns from his journey and he should not regard the time spent travelling as part of her share of his time, because of the hadeeth of ‘Aa’ishah quoted above, as she did not mention making up the time, and because the one who travelled with him was the only one to undergo the hardships of travel. 

Kashshaaf al-Qinaa‘, 5/201 

To sum up: 

When your husband comes back from his trip, he has to make up the rest of your three nights, and thus he will attain the justice that Allah has required of him. He does not have to start dividing his time anew, because he still owes you some time that he has to make up for you. 

And Allah knows best.

Its the responsibility of every Moslem in learning quran and read tajweed and we also have to teach our kids Quran and not only the Quran teaching we should let then be aware of the basic of Islam and why it was reviled you bet it was vituperated and truth teaching of holy Quran and with tajweed quran we read Quran we can understand better all the replies that are asked if we study koran from a qualified Quran tutor he will let you know verity heart of Islam and why koran was reviled for it we should gain the ability of the Book with there translation and the context of when those verses were reviled and why and that is only potential when we keep on with not simply learning quran for beginners but gaining the information of Quran tafseer and one query that we all is necessary to ask our self that why we all are here in the world to do good acts or to do bad human action to promote correct or to promote incorrect and will we be answerable to any one after this life of not then the enquiry remains the exact same that the reasons why we are here in the world but if yes then whom we have to reply is there any Lord All these response exist when we go deep in to the Quran education do Quran reading and the so let us unite hands to full fill our responsibility. We all must do quran memorization and listen to quran online when ever we have time to stay in touch

He has two wives and he does not allow one of them go out or to receive visits from her family except with his permission

Is permissable for a man who has two wives to request from the first one to seek his permission everytime she leaves the house and when someone is coming to the house even if it were one of her family member and not request it from the second wife?.

Praise be to Allaah.

Firstly: 

One of the rights that the husband has over his wife is that she should not go out of his house except with his permission or let anyone into his house except with his permission. 

The evidence for the former is the report narrated in al-Saheehayn about the slander incident (al-ifk), in which ‘Aa’ishah (may Allah be pleased with her) said to the Prophet (blessings and peace of Allah be upon him): “Will you give me permission to go to my parents?” Narrated by al-Bukhaari, 4141; Muslim, 2770. 

Al-Iraqi said in Tarh al-Tathreeb (8/58): Her saying, “Will you give me permission to go to my parents?” indicates that the wife should not go to her parents’ house except with the permission of her husband. End quote. 

See also question no. 87834 

The evidence for the latter is the words of the Prophet (blessings and peace of Allah be upon him): “No woman should fast when her husband is present without his permission, and she should not allow anyone to enter his house when he is present without his permission.” Narrated by al-Bukhaari, 4899; Muslim, 1026. 

The correct view is that the husband does not have the right to prevent his wife’s parents from visiting her unless he thinks it most likely that their visit will result in trouble and harm. See question no. 112048. 

Secondly: 

It is not obligatory to treat co-wives the same with regard to what is mentioned above. In the case of one of them going out of his house without his permission there may be the possibility of harm or trouble or temptation, or he may be very protectively jealous for her, or there may be other reasons that make the man resort to such a thing, so he makes her ask permission before going out, but he does not require that of the other wife. The same may be said concerning the issue of visits. 

What matters is that the husband should not seek thereby to harm his wife or hurt her and make things difficult for her, because that is contrary to the good treatment that he is enjoined to give her. 

And Allah knows best.

A Woman Does not Act as a Mahram for Another Woman

Can a woman be considered a mahram for a woman she is not related to for purposes of traveling or sitting with others?

Praise be to Allaah.

A woman cannot be a mahram for another. The one who is considered mahram is a man that a woman

cannot marry due to blood relations, such as her father and her brother, or a man related to her due to marriage, such as

her husband, her father-in-law and her step-son, or a man related due to breast feeding, such as her father from breast

feeding and so forth.

It is not allowed for a man to be in private with a woman he is not related to nor can he travel with her. The Prophet

(peace be upon him) said,

"A woman does not travel except with a mahram."

This was recorded by al-Bukhari and Muslim. The Prophet (peace be upon him)

also said,

"A man is never alone with a woman except that Satan is the third."

This was recorded by Imam Ahmad and others from the hadith of Umar with a sahih chain.

A woman marrying her father’s maternal uncle

Is it permissible for a girl to marry her father’s maternal uncle?.

Praise be to Allaah.  

It is not permissible for a girl to marry her father’s maternal uncle, because her father’s maternal uncle is also her maternal uncle, so he is a mahram. Allaah says (interpretation of the meaning): 

“Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father’s sisters, your mother’s sisters, your brother’s daughters, your sister’s daughters”

[al-Nisa’ 4:23] 

The scholars (may Allaah have mercy on them) have stated that the paternal uncle of a father is also the paternal uncle of his son, and the maternal uncle of a father is also the maternal uncle of his son. 

And Allaah knows best, 

See al-Muqni’ wa’l-Insaaf wa’l-Sharh al-Kabeer (ed. By al-Turki), 20/277.

Is the wife’s sister considered to be a mahram?

Is the wife’s sister considered to be a mahram?.

Praise be to Allaah.    

The wife’s sister is considered to be a “stranger” (non-mahram) to her sister’s husband, so it is not permissible for him to look at her, or be alone with her, or to shake hands with her. Some people think that because she is forbidden in marriage to the husband that it is permissible to look at her and be alone with her and shake hands with her, but this is wrong. What is meant by forbidden in marriage here is that it is not permissible for a man to be married to a woman and her sister at the same time; similarly it is forbidden to be married to a woman and her paternal aunt or a woman and her maternal aunt at the same time. The prohibition on being married to a woman and her sister at the same time is mentioned in the Qur’aan. Allaah has stated that among the women who are forbidden in marriage, as He says (interpretation of the meaning): 

“and two sisters in wedlock at the same time”

[al-Nisa’ 4:23] 

And it is stated in the saheeh Sunnah that it is forbidden to be married to a woman and her paternal aunt at the same time, or to be married to a woman and her maternal aunt at the same time.  Narrated by al-Bukhaari, 4821; Muslim, 1408. 

So what is forbidden is to be married to two sisters at the same time, and the wife’s sister is not forbidden to the husband for marriage in a permanent sense. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a woman who lives with her married sister and does not wear hijab in front of her sister’s husband. She says that she is temporarily a mahram (forbidden in marriage) to him. What is your response to that? 

He replied: 

This woman is confused. It is not permissible for her sister’s husband to marry her so long as her sister is with him, so she is forbidden in marriage to him for a certain period, not permanently. But her understanding is mistaken because those who are forbidden in marriage for a certain period are not mahrams. 

The mahrams are those to whom marriage is permanently forbidden either because of blood ties or for a permissible reason, namely ties of marriage or ties created through breastfeeding. Allaah says (interpretation of the meaning): 

“And marry not women whom your fathers married, except what has already passed; indeed it was shameful and most hateful, and an evil way.

23. Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father’s sisters, your mother’s sisters, your brother’s daughters, your sister’s daughters, your foster mothers who gave you suck, your foster milk suckling sisters, your wives’ mothers, your stepdaughters under your guardianship, born of your wives to whom you have gone in — but there is no sin on you if you have not gone in them (to marry their daughters), — the wives of your sons who (spring) from your own loins, and two sisters in wedlock at the same time, except for what has already passed; verily, Allaah is Oft‑Forgiving, Most Merciful”

[al-Nisa’ 4:22-23] 

Allaah did not say, “And the sisters of your wives.” What is forbidden is to be married to two sisters at the same time. 

Based on this, we say to the sister of the questioner, who says that her sister speaks to her sister’s husband and does not wear hijab in front of him, and says that they are temporary mahrams, that this is a mistaken notion and is not correct. This is not the matter of being temporary mahrams, because what is forbidden is to be married to two sisters at the same time, as Allaah says: “and two sisters in wedlock at the same time”. The case of the wife’s sister is not as the questioner understands it.