Monday, September 26, 2011

From The Rights Of The Husband Over The Wife Is That She Doesn't Give Her Day To Her Co-Wife Except With His Permission


On the authority of Aaishah (may Allaah be pleased with her) said that Sawdah bint Zum'ah (may Allaah be pleased with her) gave her day to Aaishah (may Alaah be pleased with her)and the Prophet (Sallallaahu alayhi wa sallam) used to give Aaishah (may Allaah be pleased with her) her day and the day of Sawdah (may be pleased with her). (Bukhaari 5212, Muslim 1463)

Imaam An-Nawawi (may Allaah have mercy upon him) stated:

"In this narration there is the permissibility of her (Sawdah) giving up her day to her co-wife (Aaishah). That's because it is her right. However, there's a condition, and it is that the husband has to be pleased with that. That is because he has a right regarding the wife who has given up her day and his right with her is not to be given away except with him being pleased with that. It is not permissible for her to take any compensation for the day that she has given up." (Explanation of Saheeh Muslim 10/302)


Al-Haafith Ibn Hajr Al-Asqalaani (may Alaah have mercy upon him) stated:

"The Ulamaa have said: When a woman has given her day to her co-wife the husband gives the co-wife that day. If it comes the day after her normal day then that's fine, if not, it's not for the husband to put forward that day in the scheduling in order for the days to be back to back, except with the agreement of the other wives who days come after the day of the co-wife who was given a day. The Ulamaa have also said: If the woman gives up her day to her co-wife and the husband accepts the day, it is not for the co-wife who has been given the day to refuse. If he doesn't accept it, he's not to be compelled to do so." (Fathul-Baari 9/390)


Imaam Ibn Al-Qudaamah (may Allaah have mercy upon him) stated:

"It is permissible for the woman to give her right of time to her husband or to some of her co-wives or all of them. However it is not permissible to do this except with the husband being pleased with this. That is due to his right to enjoy his wife (i.e. the one who is giving up her day) not being removed except by him being pleased with that." (Al-Mughnee 7/38)


Imaam As-San'aanee (may Allaah have mercy upon him) stated:

"In this narration there is an evidence establishing the permissibility for the woman to give her day to her co-wife and the husband being pleased with this is taken into consideration. That is because he has the right to enjoy the wife (who wants to give up her day) and it's not for her to drop his right except with him being pleased with that." (Subulus-Salaam 3/257)

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