What is the Sharia-prescribed period for a husband to stay overnight with his second wife, a divorced virgin whose former husband did not have intercourse with her but was alone with her in seclusion?
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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