How is justice achieved between wives regarding the provision of a maid, the purchase of necessities, and the payment of expiation for an oath, and when is a husband considered a polygamist?
It is obligatory for a husband to be just among his wives regarding maintenance (nafaqa), overnight stays, housing, and clothing. However, it is not obligatory for him to equalize gifts, though it is preferable.
Regarding the maid, there is no harm in her being divided between the two households if there are no Shariah-prohibited issues, while taking into account the differing needs of each household. For instance, the maintenance for a wife with many children differs from that of another.
The expiation for an oath is feeding ten poor people, not paying money. The wife is obliged to pay it from her own money, and paying it from her allowance is not considered an injustice. The husband is not prevented from feeding on her behalf, as this falls under the category of "living together honorably."
The obligatory justice is determined by Shariah, not by people's estimations. What people perceive as just may be oppression, and vice versa.
The husband must achieve justice with wisdom and consider the varying circumstances between his households. The wife should deal with her husband kindly and be virtuous and lenient when seeking her rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 7557
- 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