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The question

What is the ruling regarding a man who, before marrying his second wife, agreed with her to be just and fair in terms of overnight stays and procreation, but then reneged on his agreement after consummating the marriage, insisting on depriving her of these rights, and giving her the choice between accepting this situation or divorce?

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

If the husband consummated the marriage with his wife with the intention of fulfilling her rights, but then realized his inability to do so, he may give her the choice between remaining with him while waiving some of her rights, or divorce. This is permissible if the divorce is due to a need. However, if he consummated the marriage with her while intending not to fulfill her rights without informing her, this is impermissible deception. In both cases, if he divorces her, she is entitled to all the rights of a divorced woman, including maintenance and lodging during the iddah (waiting period).

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
155803
Imported
Translation status
Source text, unreviewed
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