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Husband Wants To Marry Again While He Is Insolvent

 
Question:

aasalam alykum a day ago i had sent you a question and my question no.2705715 am adding to my question my husband says he has an ability to provide for two wives. so my question is that if he is able to so why he did start to provide for me for 2 years and 4 months. i am not planning for children and this has disturbed me mentally. he has lied to me so many times that he doesnt want to marry he is still seeking but lying that i am not. without any job again he is planning to marry. i lost my trust on him completely. because he would say ok i will provide for you but i will marry so i feel that he just provide for me so that he can marry so what about this waiting period of 2 years and 4 months i have sacrificed. he use to come to my country to meet me and my parents and few relatives use to spend on him. right now he doesnt have any responsibility but he is not taking my responsibility so what if he marries again then how will he do justice? i am so scared now that he takes wrong decision at wrong time and all this has affected our marriage. i have supported him so much. he always says he will go to uk and do a job there and save money, but he never does that. he just sits at home, prays, and meet friends, use internet. he said to my family that he has money for my visa but after we got married he said i had money but i gave to my friends in need and waiting for them to return. this is not wise according to me. i am suffering mentally with him as everyone asks me when you will go to your husband house. in order to find a job in the country i live, he was suppose to make his portfolio, which he didnt make until now. i asked him if i didnt fulfil his desires,he said i did and he is happy with me.but still he wants another woman. this is affecting me mentally. i have done alot for him. and he didnt even provide for me where it is fardh upon him to do this he is running after a sunnah of second marriage.please read about my situation and advice me as soon as possible

Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

The husband is obliged to spend on his wife according to his ability. Allah Says (what means): {Let a man of wealth spend from his wealth, and he whose provision is restricted – let him spend from what Allah has given him. Allah does not charge a soul except [according to] what He has given it. Allah will bring about, after hardship, ease.} [Quran 65:7]

The wife is not obliged to spend on herself even if she is rich. Rather, if she spends on herself while her husband is insolvent, she is entitled to ask him to reimburse her for whatever she had spent on herself (later), according to the most preponderant view of the jurists.

Therefore, if she spends money on her husband, she has the right to ask him to reimburse her for it when he becomes solvent if she did not give him the money as a donation.

A man marrying a second wife is permitted provided one fulfils the condition that Allah clarified in His Book; which is to be fair between his two wives. Allah Says (what means): {…then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one.} [Quran 34:3]

There is a difference of opinion among the jurists when the husband is poor and is unable to provide his family with the obligatory spending, whether or not it is permissible for him to get married: some jurists permitted this for him while some others forbade him from it. In general, some jurists are of the view that it is recommended for the husband not to exceed one wife if chastity is achieved by her only.

In conclusion, we advise the questioner –in case her husband marries a second wife –to fear Allah and be patient, and to fulfil her obligation towards her husband (his rights), and to ask him to fulfil his obligation towards her (her rights upon him). In case she is harmed by staying with him, or hates to stay with him, then she may ask him for divorce or Khul’.

We would like to draw your attention to two matters:

1- If the husband does not have money to spend on the people whom he is obliged to provide for, then he is obliged to seek to earn a living and fulfil this obligation.

2- Having children is a mutual right between the spouses; neither of them has the right to refrain from it without an Islamic legitimate reason.

Allah knows best.

 

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