بســـم اللــه الرحــمــن الـرحـــيــم

◾️A woman that marries a man on the condition he divorces his first wife, but then he refuses to do so after marrying her◾️

Answered by Shaykh Abu Hamza Hassan bin Muhammed Ba Shu'ayb - may Allah preserve him -

📩🔹Question:

May Allah preserve you, protect you and delight us with your knowledge.

We know that it’s not permissible for a woman to request a man to divorce his first wife in order for the woman to then become his wife. However, if the man agreed to this condition which leads her in accepting marriage to him (she would not have married him if he said no), and after marrying the woman; the man decides not to divorce his first wife, is the marriage still valid?

Bearing in mind her decision (to marry him) was on the basis the man accepts this condition?

And if it’s valid, then is it for her to request an annulment (Khul’) seeing as she’s unable to bear this matter?

📩🔸Answer:

The Nikkah is valid and the condition is futile due to the Hadith of Abi Hurairah in the two Saheeh’s:

(وَلَا تَسْأَلُ الْمَرْأَةُ طَلَاقَ أُخْتِهَا؛ لِتَكْتَفِئَ صَحْفَتَهَا، وَلْتَنْكِحْ، فَإِنَّمَا لَهَا مَا كَتَبَ اللهُ لَهَ)
“A woman must not ask to have her sister (in Islam) get divorced in order to take her place, and she should marry, for she will get what has been decreed for her”.

Thus, as she’s come to know of this prohibition, then it’s not for her to claim annulment (Faskh), nor is the husband required to do so.

And Allah the Most High knows best.

____
Translated by:
Abu Mālik Nāsir bin Rāshid Al-Ma’mary

Telegram link to the channel:
hottg.com/Bashuaiben

Original Fatwa:
hottg.com/Bashuaib/7567

The Official English Channel of Shaykh Hassan bin Muhammad Ba Shu'ayb

بســـم اللــه الرحــمــن الـرحـــيــم

◾️A woman that marries a man on the condition he divorces his first wife, but then he refuses to do so after marrying her◾️

Answered by Shaykh Abu Hamza Hassan bin Muhammed Ba Shu'ayb - may Allah preserve him -

📩🔹Question:

May Allah preserve you, protect you and delight us with your knowledge.

We know that it’s not permissible for a woman to request a man to divorce his first wife in order for the woman to then become his wife. However, if the man agreed to this condition which leads her in accepting marriage to him (she would not have married him if he said no), and after marrying the woman; the man decides not to divorce his first wife, is the marriage still valid?

Bearing in mind her decision (to marry him) was on the basis the man accepts this condition?

And if it’s valid, then is it for her to request an annulment (Khul’) seeing as she’s unable to bear this matter?

📩🔸Answer:

The Nikkah is valid and the condition is futile due to the Hadith of Abi Hurairah in the two Saheeh’s:

(وَلَا تَسْأَلُ الْمَرْأَةُ طَلَاقَ أُخْتِهَا؛ لِتَكْتَفِئَ صَحْفَتَهَا، وَلْتَنْكِحْ، فَإِنَّمَا لَهَا مَا كَتَبَ اللهُ لَهَ)
“A woman must not ask to have her sister (in Islam) get divorced in order to take her place, and she should marry, for she will get what has been decreed for her”.

Thus, as she’s come to know of this prohibition, then it’s not for her to claim annulment (Faskh), nor is the husband required to do so.

And Allah the Most High knows best.

____
Translated by:
Abu Mālik Nāsir bin Rāshid Al-Ma’mary

Telegram link to the channel:
hottg.com/Bashuaiben

Original Fatwa:
hottg.com/Bashuaib/7567

Telegram

The Official English Channel of Shaykh Hassan bin Muhammad Ba Shu'ayb

This channel broadcasts:
Fatāwa, Authorings, Lessons and Benefits

hottg.com/bashuaiben/3845

668 viewsedited  May 6 at 06:52