Back to search
The question

Is it permissible for a man to take back his divorced wife by stratagem after marrying a fourth wife, thereby having five wives? And upon whom does the sin fall in this case? And how is the marriage contract annulled? And which of the wives' marriages is invalid? And do the wives incur sin if they remain under his marital bond?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The scholars are in agreement that it is impermissible for a Muslim man to have more than four wives under his guardianship simultaneously. Therefore, the marriage to a fifth woman is inherently null and void from the outset, and it does not require a divorce or a judge's ruling. Whoever was aware of the prohibition has disobeyed Allah and His Messenger. The woman does not benefit from the man bearing the sin, and his invalid marriage to the fifth woman does not affect the marriages of the four women. If the man consummated this marriage with the fifth woman while both were aware of the prohibition, then they are considered फॉरnicators. If a child results from this union, the child is attributed to him. However, if the man was ignorant of the religious ruling, the marriage is still invalid, but the children are attributed to him, as the establishment of lineage does not depend on the validity of the marriage; rather, "the child belongs to the bed."

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
175437
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy