[Jaysh]

Question:

If a man promises his wife and her family that he will not marry a second wife, is he obliged by his promise even if the condition is not explicitly stated in the marriage contract? What if it is implicitly understood at the time the marriage is contracted that the man may not marry a second wife? Does this implicit understanding have the strength of an explicit condition in the contract?

Answered by Sheikh Muhammad al-Qannâs

The Prophet (peace be upon him) prohibited `Ali from being married to his daughter and the daughter of Abû Jahl at the same time. He said: “The daughter of Allah’s Messenger will not be together with the daughter of Allah’s enemy.”

It can be understood from the context of this hadîth that the Prophet (peace be upon him) had placed a condition on `Alî not to marry any other woman beside Fâtimah. We can deduce this from what the Prophet’s (peace be upon him) said about his other son-in-law keeping his promise not to marry a second wife: “He spoke to me and he was truthful and promised me and fulfilled his promise.”

Ibn Hajr observes in Fath al-Bârî (7/86):

The words “He spoke to me and he was truthful” could be that he made a promise on himself not to marry another woman beside Zaynab. And the same was done by `Alî. Otherwise, it could be that `Alî had forgotten that condition and that is why he proceeded with that engagement to the second woman. Or, it could be that he assumed the condition did not apply to him since he did not pronounce it himself. However, he should nevertheless have respected this condition as something understood, and that is why the Prophet (peace be upon him) blamed him.

Ibn al-Qayyim writes in Zâd al-Ma`âd (5/117-118):

If a man agrees to the condition that he will not marry a second wife, he is obliged by that condition. If the man breaks his promise, the woman will be entitled to terminate the marriage contract.

It is mentioned in the hadîth that what took place is hurting Fâtimah and therefore hurting him. It is known for sure that the Prophet (peace be upon him) let `Alî marry his daughter Fâtimah on the condition that he does not hurt her or her father, even if that is not mentioned in the marriage contract. The Prophet (peace be upon him) brought up mention of his other son-in-law to incite `Ali to do the same.” The Prophet’s reproach of `Ali was on account of `Alî’s heedlessness of this condition.

And Allah knows best.

Islamtoday.Com - Implicit condition not to marry a second wife

[xoxo]

very interesting...

[zzze]

assalamu alaykum

jazakallahkhait but this isn't really applicable to most Muslims. How about posting something about good character, patience, upholding other's rights?

[wheelworks]

Originally Posted by zzze

assalamu alaykum

jazakallahkhait but this isn't really applicable to most Muslims. How about posting something about good character, patience, upholding other's rights?

It could be important in some cases though.

[ShotgunMessiah]

Out of curiosity...

Originally Posted by Jaysh

The Prophet (peace be upon him) prohibited `Ali from being married to his daughter and the daughter of Abû Jahl at the same time. He said: “The daughter of Allah’s Messenger will not be together with the daughter of Allah’s enemy.”

It can be understood from the context of this hadîth that the Prophet (peace be upon him) had placed a condition on `Alî not to marry any other woman beside Fâtimah. We can deduce this from what the Prophet’s (peace be upon him) said about his other son-in-law keeping his promise not to marry a second wife: “He spoke to me and he was truthful and promised me and fulfilled his promise.”

How does the statement lead to the conclusion? It seems to me he's talking about just the specific girl, not every single other girl. I'm no expert, so maybe I'm missing something.

[zzze]

assalamu alaykum

Originally Posted by wheelworks

It could be important in some cases though.

If the guy was adament that he wanted a second wife he could just divorce the first (or would a woman be happy her husband only refrained because of the stipulation in the contract ) The easiest thing to do would just be to stipulate that you have the right to divorce. That covers everything.

[sixpakistan]

Originally Posted by ShotgunMessiah

Out of curiosity...


How does the statement lead to the conclusion? It seems to me he's talking about just the specific girl, not every single other girl. I'm no expert, so maybe I'm missing something.

Yeah, he (SAW) was talking about a specific girl. The hadith is well known. I don't understand how the fatwa draws that conclusion from it. That's a huge leap to make.

[wheelworks]

Originally Posted by zzze

assalamu alaykum



If the guy was adament that he wanted a second wife he could just divorce the first (or would a woman be happy her husband only refrained because of the stipulation in the contract ) The easiest thing to do would just be to stipulate that you have the right to divorce. That covers everything.

edit: Wa alaikum Salam,

Yes Ma'am

[SyedShoaib786]

isnt an unspoken agreement just as good as a spoken or written one?...in terms of how it will be judged by Allah ta'ala?

[Glasgow]

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lol

[zzze]

assalamu alaykum

Originally Posted by SyedShoaib786

isnt an unspoken agreement just as good as a spoken or written one?...in terms of how it will be judged by Allah ta'ala?

especially so for the more devoted servants of Allah.

[sixpakistan]

Originally Posted by SyedShoaib786

isnt an unspoken agreement just as good as a spoken or written one?...in terms of how it will be judged by Allah ta'ala?

No. Not at all. An unspoken agreement is nothing more than a matter of perception which may or may not be accurate. Even a spoken agreement isn't on the level of a written one. This is why Muslims are urged specifically to put things in writing.

Further, if a man seeks a second wife after agreeing in a contract that he wouldn't, that isn't unlawful; it just gives the first wife the right of whatever stipulation is provided in the contract (she can divorce him, she gets something else in exchange, whatever).

[ShahRukh]

So how many women would actually divorce their husbands if he got another wife?

Originally Posted by Glasgow

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lol

hahahahhah


Your sense of humour continues to amaze me.

[Timbit]

I wouldn't ever tell my husband that he couldn't have a second wife. He could have as many wives as he wanted. I'd just want an instant divorce upon his taking on any other wives. And that would go into the contract, 'cause I never want to be in a situation where some Muslim judge won't let me get a divorce.

There are very few thing I'd want a divorce over... but cheating, polygyny and any type of abuse are definitely reasons for divorce in my book.

[ShahRukh]

Originally Posted by Timbit

I wouldn't ever tell my husband that he couldn't have a second wife. He could have as many wives as he wanted. I'd just want an instant divorce upon his taking on any other wives. And that would go into the contract, 'cause I never want to be in a situation where some Muslim judge won't let me get a divorce.

There are very few thing I'd want a divorce over... but cheating, polygyny and any type of abuse are definitely reasons for divorce in my book.

Do you consider polygyny a form of abuse???