Is the husband obligated to spend the night with the wife who has recently given birth, during the postpartum period, if he has another wife?
Islam is a religion of justice, and its rulings are based on justice, especially in the family system. Allah Almighty has made justice a prerequisite for the permissibility of polygyny, and the Prophet, peace and blessings be upon him, warned against inclining towards one wife over another. Justice includes inclination, love, intercourse, and companionship. Therefore, it is obligatory to spend the night with a wife who has a legitimate impediment, such as menstruation or postpartum bleeding, because that does not nullify her right to justice and overnight stay. However, if a man marries a new wife, he stays with her for a week if she is a virgin, and three nights if she is a non-virgin. Thus, the division of nights and spending the night among wives is obligatory and is not waived by a legitimate impediment to intercourse, because the right to division of nights is a right of the wife.
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- Original fatwa ID
- 39244
- Imported
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- Source text, unreviewed
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