Can A Woman Stipulate "No Second Wife"?

[Omar del Sur]

"This condition does not make something permissible forbidden; rather it restricts the man’s power and gives the wife the right to annul the marriage. Such conditions were made at the time of the Sahaabah (may Allah be pleased with them).

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) was asked about a man who married a woman, and she stipulated that he should not take another wife or make her move from her home, and that she could live with her mother, and he went ahead (with the marriage) on that basis. Is he obliged to adhere to that, and if he goes against these conditions, does the wife have the right to annul the marriage or not?

He replied: Yes, these conditions and similar ones are valid according to the madhhab of Imam Ahmad and others among the Sahaabah and Taabi‘een, such as ‘Umar ibn al-Khattaab, ‘Amr ibn al-‘Aas, Shurayh al-Qaadi, al-Awzaa‘i and Ishaaq. The view of Maalik is that if she stipulates that if he takes another wife or takes a concubine, she has the right to decide [whether to stay married to him or not], then this condition is also valid, and the woman has the right to leave him. This is similar to the view of Ahmad. That is because of the report narrated by [al-Bukhaari and Muslim] in al-Saheehayn, that the Prophet (blessings and peace of Allah be upon him) said: “The conditions that are most deserving to be fulfilled are those by means of which intimacy becomes permissible for you.” And ‘Umar ibn al-Khattaab said: “Rights are connected to conditions.” So the Prophet (blessings and peace of Allah be upon him) made that by which of means intimacy becomes permissible more deserving of being fulfilled than anything else.

End quote from al-Fataawa al-Kubra, 3/90."

https://islamqa.info/amp/en/answers/143120

 

[Omar del Sur]

I also want to be one hundred percent fair and I want to respect the Shafi'i madhhab. To my understanding Imam Shafi'i disageed with the stipulation- but Imam Ahmed and Imam Malik agreed with it being permissible.

To my understanding, even though I of course greatly respect Imam Shafi'i, to me the view of Imam Malik and Imam Ahmed seems to be stronger.

Stipulating that the husband cannot take another wife | Fitrah Tawheed

fitrahtawheed.com

"

Which of the two opinions is correct​

The majority of scholars took the view that the condition of not practicing polygamy is valid and permissible.

The leading evidence in this is the narration of Umar ibn al-Khattab when he declared this condition valid. He did this when he was a caliph, and the Sahaba did not contradict him. In addition, Umar ibn al-Khattab is the second greatest Sahabi.
"

 

[rayxn3]

All I know is that it’s allowed and I will be stipulating that my man cannot take a second wife while married to me into my contract inshallah

 

[Mudug_gyal]

The prophet forbade Ali from taking another wife because it harmed his daughter fatima. Therefore, taking another wife should be haram if the first wife refuses to share. See how easy it is to make up opinions?

 

[Omar del Sur]

The prophet forbade Ali from taking another wife because it harmed his daughter fatima. Therefore, taking another wife should be haram if the first wife refuses to share. See how easy it is to make up opinions?

this thread talks about the opinions of Umar ibn al khattab, Imam Malik, Imam Ahmed, Imam Shafi'i, Sheikh Ibn Taymiyyah and Sheikh Uthaymeen on the topic.

 

[Khaemwaset]

Second wife is only permissable if the first one gives consent. Was it even a question?

 

[Omar del Sur]

Second wife is only permissable if the first one gives consent. Was it even a question?

That is not true. We can't just make stuff up.

 

[Interested]

I have been thinking about this. Since laymen madhab hopping is considered 'following desires' and therefore disallowed, can I disregard Shafi's stance on this and follow other scholars seemingly stronger opinion on the issue?

 

[Mudug_gyal]

this thread talks about the opinions of Umar ibn al khattab, Imam Malik, Imam Ahmed, Imam Shafi'i, Sheikh Ibn Taymiyyah and Sheikh Uthaymeen on the topic.

They themselves said that their opinions are liable to constructive criticism. Even within themselves they disagreed all the time.

 

[Omar del Sur]

I have been thinking about this. Since laymen madhab hopping is considered 'following desires' and therefore disallowed, can I disregard Shafi's stance on this and follow other scholars seemingly stronger opinion on the issue?

I think there are two extremes when it comes madahib. One extreme is to disregard madahib and act as though we as lay Muslims can just go straight from Quran and Sunnah and start deriving rulings without any regard for madahib. I am extremely against this. I don't believe in this. I think people should learn a madhhab.

But learning a madhhab doesn't mean we have to blindly follow in every single issue. I think that's the opposite extreme.

To my understanding, the right way is to learn the view of the madhhab- and generally you follow it. But if there comes an issue where... it is an issue of dispute, I think you should research it and try to find out which view has the stronger evidence. In this case, I think a person should go with the stronger view even if it doesn't match the view of the madhhab.

Imam Malik said "كل يُؤخذ من كلامه ويُرد إلا صاحب هذا القبر" (everyone’s statement can be taken or rejected except for the companion of this grave- referring to the grave of Prophet Muhammad ﷺ).

According to the famous hadith- "Verily he among you who lives long will see great controversy, so you must keep to my Sunnah and to the Sunnah of the Khulafa ar-Rashideen (the rightly guided caliphs), those who guide to the right way. Cling to it stubbornly [literally: with your molar teeth]."

Hadith 28, 40 Hadith an-Nawawi - Forty Hadith of an-Nawawi - Sunnah.com - Sayings and Teachings of Prophet Muhammad (صلى الله عليه و سلم)

On the authority of Abu Najeeh al-’Irbaad ibn Saariyah (may Allah be pleased with him) who said: The Messenger of Allah (peace and blessings of Allah be upon him) gave us a sermon by which our hearts were filled with fear and tears came to our eyes. So we said, “O Messenger of Allah! It is as t

sunnah.com

We're commanded to follow the sunnah of Prophet Muhammad ﷺ and of the khulafa rashideen.

١٠٦٠٩ - أخبرنا عبد الرزاق قال: أخبرنا معمر قال: حدثني يحيى بن أبي كثير أن رجلا تزوج امرأة وشرط لها أن لا ينكح عليها، ولا يتسرى، ولا ينقلها إلى أهله، فبلغ ذلك عمر فقال: عزمت عليك إلا نكحت عليها، وتسريت، وخرجت بها إلى أهلك»
كتاب المصنف - عبد الرزاق

Yahya ibn Abi Kathir narrated:"A man married a woman who made two conditions: that he cannot not marry another woman and that she cannot be removed out of her house (to move in with the husband). 'Umar ibn al-Khattab then ordered this man not to marry another woman and not to take her out of her house."[Musannaf Abd al-Razzaq 10609]

Stipulating that the husband cannot take another wife | Fitrah Tawheed

fitrahtawheed.com

If this is the view of Umar ibn al-Khattab, who of course is one of the khulafa rashideen- I think we should follow his view. I respect anyone wanting to follow the view of Imam Shafi'i- and there are scholars who held his view. But if you believe the view held by the likes of Imam Ahmed and Imam Malik is stronger- I think you should follow that view. If you're not going by desires and you're simply going by the evidence, I don't think it's following desires.

 

[Omar del Sur]

They themselves said that their opinions are liable to constructive criticism. Even within themselves they disagreed all the time.

So you believe that their view is incorrect and that a woman cannot stipulate "no second wife"? To my knowledge, all of those figures I mentioned except Imam Shafi'i believed a woman can stipulate "no second wife". If you want to follow Imam Shafi'i, I one hundred percent respect that but I believe a woman can stipulate "no second wife".

 

[Interested]

I think there are two extremes when it comes madahib. One extreme is to disregard madahib and act as though we as lay Muslims can just go straight from Quran and Sunnah and start deriving rulings without any regard for madahib. I am extremely against this. I don't believe in this. I think people should learn a madhhab.

But learning a madhhab doesn't mean we have to blindly follow in every single issue. I think that's the opposite extreme.

To my understanding, the right way is to learn the view of the madhhab- and generally you follow it. But if there comes an issue where... it is an issue of dispute, I think you should research it and try to find out which view has the stronger evidence. In this case, I think a person should go with the stronger view even if it doesn't match the view of the madhhab.

Imam Malik said "كل يُؤخذ من كلامه ويُرد إلا صاحب هذا القبر" (everyone’s statement can be taken or rejected except for the companion of this grave- referring to the grave of Prophet Muhammad ﷺ).

According to the famous hadith- "Verily he among you who lives long will see great controversy, so you must keep to my Sunnah and to the Sunnah of the Khulafa ar-Rashideen (the rightly guided caliphs), those who guide to the right way. Cling to it stubbornly [literally: with your molar teeth]."

Hadith 28, 40 Hadith an-Nawawi - Forty Hadith of an-Nawawi - Sunnah.com - Sayings and Teachings of Prophet Muhammad (صلى الله عليه و سلم)

On the authority of Abu Najeeh al-’Irbaad ibn Saariyah (may Allah be pleased with him) who said: The Messenger of Allah (peace and blessings of Allah be upon him) gave us a sermon by which our hearts were filled with fear and tears came to our eyes. So we said, “O Messenger of Allah! It is as t

sunnah.com

We're commanded to follow the sunnah of Prophet Muhammad ﷺ and of the khulafa rashideen.

١٠٦٠٩ - أخبرنا عبد الرزاق قال: أخبرنا معمر قال: حدثني يحيى بن أبي كثير أن رجلا تزوج امرأة وشرط لها أن لا ينكح عليها، ولا يتسرى، ولا ينقلها إلى أهله، فبلغ ذلك عمر فقال: عزمت عليك إلا نكحت عليها، وتسريت، وخرجت بها إلى أهلك»
كتاب المصنف - عبد الرزاق

Yahya ibn Abi Kathir narrated:"A man married a woman who made two conditions: that he cannot not marry another woman and that she cannot be removed out of her house (to move in with the husband). 'Umar ibn al-Khattab then ordered this man not to marry another woman and not to take her out of her house."[Musannaf Abd al-Razzaq 10609]

Stipulating that the husband cannot take another wife | Fitrah Tawheed

fitrahtawheed.com

If this is the view of Umar ibn al-Khattab, who of course is one of the khulafa rashideen- I think we should follow his view. I respect anyone wanting to follow the view of Imam Shafi'i- and there are scholars who held his view. But if you believe the view held by the likes of Imam Ahmed and Imam Malik is stronger- I think you should follow that view. If you're not going by desires and you're simply going by the evidence, I don't think it's following desires.

This was insightful.

 

[Macawisley]

Second wife is only permissable if the first one gives consent. Was it even a question?

That’s not true. But she has every right to put it in the contract & if you break it that’s on you.

Me personally I wouldnt marry a women that wants to prevent me from marrying a second wife. Not saying I will do it but I want that option to be open.