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If a man marries a previously married woman (thayyib) and stays with her for five days with the permission of his first wife, how should the division of nights be thereafter?

1 min readAlso available in العربية

If a man marries a previously married woman (thayyib), he stays with her for only three nights, according to the majority of scholars. If the duration is extended with the consent of the first wife, she does not have the right to demand compensation (qada') according to the Malikis. However, if the extension is at the choice of the new wife, the husband must compensate the first wife with five nights according to the Hanbalis, and only the nights exceeding the three according to the Shafi'is. Some Shafi'is, however, hold that compensation for a full seven nights is due. After these nights conclude, the husband returns to dividing his time among his wives as before. The new wife will be the last in rotation according to the Hanbalis. According to the Malikis, the husband is given a choice whether to start with his first wife or the new one, and some of them recommend drawing lots. The Shafi'is, however, maintain that lots should be drawn to determine the beginning.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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