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The question

What is the ruling of the Sharia on a man who promised his wife that he would divorce his first wife before marriage, then broke his promise and refused to divorce her, demanding that the second wife live with the situation?

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

It is not permissible for a woman to ask her suitor to divorce his wife. If a woman marries on this condition, he is not obligated to fulfill it, as it is invalid according to many scholars, due to its contradiction with the prohibition of the Prophet (peace and blessings of Allah be upon him): "It is not lawful for a woman to ask for the divorce of her sister (in Islam) in order to empty her plate, for she will only have what is decreed for her." Even if the marriage contract is valid, it does not entail the divorce of the first wife.

Some scholars have elaborated: If the woman was aware of the impermissibility of the condition, he is not obligated to fulfill it. If she was ignorant of it, he is obligated to fulfill it, and if he does not, she has the right to annul the marriage. However, annulment is not recommended as long as the husband loves her and treats her well. Rather, coexisting and accepting the presence of another wife is advised.

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Ftawy
Original fatwa ID
5806
Imported
Translation status
Source text, unreviewed
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