A wife stipulating her husband divorcing his other wife


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A: If the case is as you mentioned, your second marriage contract is valid. Also, it was not obligatory on you to fulfill the condition of divorcing your first wife as it is a false condition. You can take your first wife back in marriage as long as she is in her `Iddah (woman's prescribed waiting period after divorce). If her `Iddah has come to an end, you may take her back by contracting a new marriage, taking into account the legal conditions of marriage contracts. As for the Hadith you mentioned, it was not reported in such wording. It was authentically reported by Sa`id ibn Al-Musayyib from Abu Hurayrah (may Allah be pleased with him) who said, The Messenger of Allah (peace be upon him) forbade that a town-dweller should sell on behalf of a Bedouin till (Part No. 18; Page No. 399) his statement, A woman should not ask the divorce of another woman in order to deprive her of what belongs to her. (Related by Al-Bukhari, Muslim, Al-Tirmidhy, Al-Nasa'y and Ahmad) This is the wording related by Al-Bukhari. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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