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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 10 · Page 236Section

Translation · EN

to combine them is impossible, so it is necessary to resort to drawing lots, just as if he wanted to travel with one of them. If there are two of them, one draw is sufficient for him, and on the second night, he turns to the second [wife] without a draw; because her right is determined. If there are three, he draws lots on the second night to begin with one of the remaining two. If there are four, he draws lots on the third night, and on the fourth night, he turns to the fourth [wife] without a draw. If he draws lots on the first night, and assigns a share to the first, a share to the second, a share to the third, and a share to the fourth, then draws them once, it is permissible, and each one shall have what is drawn for her.

Section: The sick man, the majbub (one whose penis is severed), the impotent, the hermaphrodite, and the castrated man must divide their time [between their wives]. This is the opinion of al-Thawri, al-Shafi'i, and the People of Opinion (Ashab al-Ra'y); because the division is for companionship, and that is achieved even from one who does not have intercourse. 'Aishah reported that when the Messenger of Allah (peace and blessings of Allah be upon him) was in his illness, he used to go around to his wives and say: "Where am I tomorrow? [Where am I tomorrow?]" (9). Reported by al-Bukhari (10). If that is difficult for him, he seeks their permission to stay with one of them, as the Prophet (peace and blessings of Allah be upon him) did. 'Aishah said: The Messenger of Allah (peace and blessings of Allah be upon him) sent for the wives and they gathered. He said: "I cannot go around to all of you, so if you see fit to grant me permission to be with 'Aishah, then do so." So they gave him permission. Reported by Abu Dawud (11). If they do not grant him permission, he stays with one of them by drawing lots, or he avoids all of them if he wishes. If the husband is insane and there is no fear [of harm] from him, the guardian leads him around to them. If there is fear from him, there is no division incumbent upon him; because there is no companionship or benefit obtained from him. If the guardian does not act justly in the division between them, then the insane person recovers his sanity, he must compensate the wronged wife; because it is a right established as a liability upon him, so it becomes incumbent upon him to fulfill it during the state of recovery, like debt.

Section: Division is due for the sick wife, the ratqa' (woman with vaginal atresia), the menstruating woman, the woman in postpartum bleeding, the woman in ihram, and the young girl who is capable of intercourse, and they are all the same regarding the division.

Notes

(6) Omitted from the Original manuscript. (7) In the original: "and the insane man". (8) Omitted from the Original manuscript, A. (9) Omitted from A. (10) In: The Chapter on the Merit of 'Aishah (may Allah be pleased with her), from the Book of the Virtues of the Companions of the Prophet. Sahih al-Bukhari 5/37. (11) In: The Chapter on Division Between Wives, from the Book of Marriage. Sunan Abi Dawud 1/493. It was also reported by Imam Ahmad, in: Al-Musnad 6/219.

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