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The question

What is your advice regarding dealing with a second wife who has retracted her pre-marital promises concerning housing, time, and childbirth, causing great embarrassment?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Firstly: It is not permissible for either spouse to stipulate to the other permanent childlessness, and the one who accepted this condition may retract it in the future.

Secondly: Scholars differed regarding the wife's retraction of a condition imposed upon her and to which she conceded, such as division, overnight stay, and maintenance: - The majority of scholars: She has the right to retract, and the husband must give her her right, and she may annul the marriage if he cannot fulfill it. - The preponderant opinion: She does not have the right to retract in the future. If she retracts and insists on demanding her full right, the husband is not compelled to divorce her; rather, she should ransom herself and seek khul'. This opinion is more evident due to the Prophet's (peace be upon him) saying: "The conditions most worthy of fulfillment are those by which you make intimacy lawful," and because it harms the husband, and because it is in the nature of a compensatory agreement and is binding like a settlement.

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Ftawy
Original fatwa ID
7308
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