What are the conditions for equitable overnight stays among wives, and what is the minimum duration for an overnight stay with each wife? Does "overnight stay" imply the stillness of the night? Is it sufficient to divide the overnight stays equally while spending the daytime with one of them? Does justice in housing mean equality in the value of the property? Is it considered a violation of justice to favor one wife by giving her ownership of a residence smaller than the other wife's residence which is owned by the husband?
The husband must be fair between his two wives in terms of nightly stays (Qism), spending one night with each, and not visiting the other outside her designated night unless there is a need or necessity. "Nightly stay" (Mabeet) means spending the entire night with the wife. The wife may temporarily waive her right to a nightly stay, and she may retract her waiver whenever she wishes.
Regarding fairness in housing, the husband must provide each wife with accommodation sufficient for her and her children, and the value of the two accommodations does not have to be equal.
Registering the apartment in the name of the second wife: 1. If it is part of the agreed-upon dowry (Mahr), there is no objection, and equality in the dowry is not required. 2. If it is not part of the dowry, scholars differ: some permit favoring one wife in a gift if the husband fulfills the rights of the other, while others mandate fairness in gifting, based on the Hadith: "Whoever has two wives and inclines to one of them, will come on the Day of Resurrection with one side of his body drooping." This latter opinion is the more sound. Accordingly, if an apartment is registered in the name of the second wife, then a similar one, or something equivalent in value, should be registered for the first wife, unless the second wife agrees to the disparity. It is better that the apartments remain the husband's property, and the second wife agrees to that arrangement.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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