and he does not count against her what he stayed with her. And if she is a thayyib (previously married woman), he stays with her for three days, then he rotates, and he does not count against her either what he stayed with her).
Whenever a man who has wives marries a new wife, he interrupts the rotation and stays with her for seven days if she is a virgin, and he does not compensate the others for it. If she is a thayyib, he stays with her for three days and he does not compensate for it, unless she wishes that he stay with her for seven days, in which case he stays that duration with her and compensates all of them for the others. This has been narrated from Anas, and it is the opinion of al-Sha'bi, al-Nakha'i, Malik, al-Shafi'i, Ishaq, Abu 'Ubayd, and Ibn al-Mundhir. It has been narrated from Sa'id ibn al-Musayyib, al-Hasan, Khilas ibn 'Amr, and Nafi' the freedman of Ibn 'Umar: that the virgin gets three days and the thayyib gets two nights, and al-Awza'i said something similar. Al-Hakam, Hammad, and the scholars of reasoning (ashab al-ra'y) said: There is no preference for the new wife in the division; if he stays with her for any period, he compensates the others for it, because he favored her with a period of time, so compensating for it is obligatory, just as if he had stayed with the thayyib for seven days. Our evidence is what Abu Qilabah narrated from Anas, who said: "It is part of the Sunnah that when he marries a virgin upon a thayyib, he stays with her for seven days and then divides; and if he marries a thayyib, he stays with her for three days, then divides." Abu Qilabah said: "If I wished, I could have said that Anas attributed it to the Prophet (peace and blessings of Allah be upon him)." (Agreed upon). And from Umm Salamah, that when the Messenger of Allah (peace and blessings of Allah be upon him) married Umm Salamah, he stayed with her for three days and said: "You have no lack of honor among your people; if you wish, I will assign you seven days, and if I assign you seven days, I will assign seven days to my wives."
(1) Omitted from B and M. (2) Narrated by al-Bukhari in: The chapter on if he marries a virgin upon a thayyib, and the chapter on if he marries a thayyib upon a virgin, from the Book of Marriage. Sahih al-Bukhari 7/43. And Muslim in: The chapter on the amount of stay the virgin and thayyib are entitled to after the wedding, from the Book of Suckling. Sahih Muslim 2/1084. It was also narrated by Abu Dawud in: The chapter on staying with a virgin, from the Book of Marriage. Sunan Abi Dawud 1/490. And al-Tirmidhi in: The chapter on what has been said regarding division for the virgin and the thayyib, from the Book of Marriage. 'Aridat al-Ahwadhi 5/77, 78. And Ibn Majah in: The chapter on staying with a virgin and a thayyib, from the Book of Marriage. Sunan Ibn Majah 1/617. And al-Darimi in: The chapter on staying with a thayyib and a virgin when he consummates the marriage, from the Book of Marriage. Sunan al-Darimi 2/144. And Imam Malik in: The chapter on staying with a virgin and a previously married woman, from the Book of Marriage. Al-Muwatta 2/530.
