Is it permissible for a husband to deed his house to his first wife, with whom he had four daughters, after marrying another woman, while his mother is still alive, based on her condition and the condition of her family?
We have previously explained the permissibility for a woman to stipulate in the marriage contract that her husband will not marry another woman. If she makes such a stipulation, she has the right to annul the marriage if he marries another, otherwise not.
The wife has no right to compel her husband to gift her the house, whether she stipulated against him marrying another or not.
If the husband wishes to gift the house to his wife willingly, there is no harm upon him, nor upon her in accepting it. However, the gifting of his dwelling house by the husband to his wife is not valid according to some scholars, while others validate it on condition that the husband empties the house of the belongings of others.
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