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The question

ما هي المدة الشرعية لمبيت الزوج عند زوجته الثانية، المطلقة البكر التي لم يجامعها طليقها لكنه خلا بها؟

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

The is that if a man marries a virgin while he already has a wife, he stays with her for seven days, then he divides his time (equitably among his wives). If he marries a non-virgin, he stays with her for three days, then he divides his time. This is based on what Anas (may Allah be pleased with him) narrated: "It is from the Sunnah: If a man marries a virgin while (he is already married to) a non-virgin, he stays with her for seven days, then he divides (his time). And if he marries a non-virgin while (he is already married to) a virgin, he stays with her for three days, then he divides (his time)."

As for a woman who was divorced after a valid private seclusion (khulwa) but her husband did not have intercourse with her, she is still considered a virgin. Therefore, he stays with her for seven days, then divides his time (among his wives); because a marriage contract without intercourse does not result in her becoming "muhsanah" (a married woman who has had intercourse) nor does she become a non-virgin (thayib). A non-virgin is one who has had intercourse in the private parts. Thus, valid private seclusion does not take the place of intercourse in terms of the loss of virginity.

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Ftawy
Original fatwa ID
29516
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