Is it permissible for a divorced woman to live with her ex-husband and his second wife in the same apartment that he owns, based on the Libyan custody law that stipulates this? And how can the husband reconcile between paying his debts and spending on a divorced woman?
The maintenance and housing of the fostered child are obligatory upon whoever is responsible for their maintenance, according to the majority of scholars. As for the housing of the female custodian herself, Ibn Abidin stated that it is most appropriate that the rent for the dwelling be binding upon whoever is responsible for the fostered child's maintenance, unless she has her own dwelling. Al-Dusuqi mentioned that there is a difference of opinion regarding the custodian's housing, but as for the fostered child's housing, it is the father's responsibility by agreement. The custodian's dwelling must be separate from the child's father's dwelling because he is a stranger to her, to avoid intermingling and unlawful gazes. However, it is permissible to house her with him out of necessity due to his financial hardship, provided that they do not share facilities, and with adherence to proper manners and modesty, on the condition that an independent dwelling for the fostered child be rented when the opportunity arises. If the father cannot combine paying debts and the obligatory maintenance for the divorcee and her daughter, then maintenance takes precedence. Creditors must grant him respite until his financial situation improves, as Allah Almighty says: (And if there is one in adversity, then [let there be] a delay until [a time of] ease. But if you remit [it by way of charity], it is better for you, if you only knew.)
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/42680
- Source platform
- Ftawy
- Original fatwa ID
- 42680
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy