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Posted By Topic: question in regs. to marriage!!

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15-08-2004 @ 2:28 AM    Notify Admin about this post
Abu Hamza Harun ibn Abdillah al-Humri (Dammaj, Yemen)
Posts: 22
Joined: Apr 2003
as'salaamu 'alaykum.

Can anyone inform me-- is it permissible for a Muslimah to make a condition prior to marriage, or upon agreement after marriage for her husband or the one who proposed to her ---- not to take an additional wife (2, 3, or 4)?

&also can anyone inform me:

Is the fact that the Prophet (sallaahu 'alayhi was salaam) not marrying anyone else until after Khadijah's death (radi allaahu anha)to be considered a Sunnah (poss. meaning taking preference over marrying more than one woman, until after the death of the first)?

this is what i was asked &its not befitting that I should respond without having a scholar to proceed me in my response.

baraakallaahu feekum
As'salaamu 'alaykum...

Harun ibn William Gillespie, al-Amriki.

Ibraaheem al-Harbee said, ?I heard Ahmad (Ahmad Ibn Hanbal) say, ?If you love that Allaah should keep you upon that which you love, then remain upon that which He loves, and the good is in the one who sees no good in himself.?  Refer to al-Aadaabush-Share

15-08-2004 @ 10:40 AM    Notify Admin about this post
Abul-'Abbaas Moosaa ibn John Richardson (Jeddah, Saudi Arabia)
Posts: 1280
Joined: Sep 2002
wa 'alaykumus-salaamu wa rahmatullaah.

Shaykh Wasee Allaah mentioned the following position on this issue at the haram during one of his classes (in Fathul-Baaree) earlier this year:

That taking a second wife is something halaal, not waajib, so if a a man is requested to agree to such a condition in the contract, he would be agreeing to avoid something that is halaal to avoid, so it would be a permissible condition, and an obligation to fulfill if agreed to.  It is his choice to agree to it or not.

And Allaah knows best.

Moosaa ibn John Richardson

سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك

15-08-2004 @ 5:52 PM    Notify Admin about this post
Abu Hamza Harun ibn Abdillah al-Humri (Dammaj, Yemen)
Posts: 22
Joined: Apr 2003
as'salaamu 'alaykum.
barakallaahu feek, yaa Moosa.

I thought in regs. to Usoolu Fiqh that sometimes a thing which is permissible can in some circumstances become obligatory to be fulfilled, in this case the taking of additional wife. Perhaps due to fear of committing zinaa, or falling into that which leads to it, etc...

Is there any statements from the Ulama in regs. to this issue, especially after one agrees to the previous condition and perhaps years later it may become a fitnah upon him to maintain this agreement?

This message was edited by AbdulGaniyy on 8-15-04 @ 6:03 PM

19-08-2004 @ 5:10 PM    Notify Admin about this post
Abu Khadijah Abdurrahman ibn Tony (Springfield Gardens, NY USA)
Posts: 153
Joined: Sep 2002
Wa alaikumussalam

I was a bit hesitant to post this because others may not be able to find my reference but I heard Imaam Al-Albaanee say on a recording that this type of condition i.e. a man promising a woman that he will not take a second wife is not permissible to agree to. The Shaikh said that this is because in the future she may not be able to have children for example and he may end up divorcing her. This can be found on a tape that had the title: "Azzawaaju fil-Islaam" (marraige in Islam). Many of Imaam Al-Albaanee's recordings are numbered but there was no number on the recording I heard.

It was said: "I would prefer to be a tail in the truth than to be a head in falsehood."

Abu Khadijah Abdurrahman ibn Tony Curtis Lawson

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