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What is the ruling regarding a man who travels frequently requiring his wives to waive their right to fair division or overnight stays due to his busy schedule and inability to arrange his travels, with the wives' consent, according to the madhhab of Shaykh al-Islam Ibn Taymiyyah or other imams?

1 min readAlso available in العربية

If a man marries a woman and stipulates that she waive her right to equal division of nights (qasm) or lodging (mabit), scholars have differed regarding the ruling on this condition:

- The Malikis and Shafi'is: They invalidated this condition and nullified it. - Imam Ahmad: He validated the condition but made it non-binding on the woman. Thus, she has the right to retract and demand her right to qasm. - Sheikh al-Islam Ibn Taymiyyah: He chose that the condition is valid and binding on the woman, determining that the fundamental principle in contracts and conditions is that they are valid and binding. - Sheikh Ibn Uthaymeen: He preferred what Sheikh al-Islam chose, citing as evidence the action of Sawdah bint Zam'ah (may Allah be pleased with her), who gifted her day to A'isha (may Allah be pleased with her), and the Prophet (peace be upon him) approved of her doing so.

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

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