Plural marriage and fair treatment of co-wives, Dought & clear, - * He is away from his country and his wife and he wants to take asecond wife

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I work in Saudi Arabia,Ive been married for ten years but no children. I cannot afford to bring my wife here,If i take a second wife who is working here in Saudia will i be doing injustice to my first wife? since i'll be going for vacation every two years.
Praise be to Allaah.
There is nothing wrong with a man taking a second wife if he is financially and physically able for that. But before you go ahead with this marriage, it is essential for you to note the following:
1.
It is not permissible for a man to be away from his wife for more than four months except with her permission; and if she does not give permission then he must bring her to join him or go back to her.
It says inFataawa al-Lajnah al-Daa’imah(19/469): The period during which it is permissible to be away from the wife is four months; this is known as the eela’ period. Staying away for longer than that is haraam, unless it is done with her consent. End quote.
Shaykh Ibn ‘Uthaymeen said: Part of kind treatment is for him not to be away from his wife for a long time, because it is her right to enjoy intimacy with her husband as it is his right to enjoy intimacy with her. But if she agrees to his absence, even for a long time, then she has the right to do so and there is no blame on the husband. But that is on condition that he leaves her in a safe place where there is no fear for her. End quote.Fataawa Noor ‘ala al-Darb, 10/307
See also the answer to question no. 102311.
2.
One of the conditions of its being permissible to take a second wife is fair treatment of both wives, because Allah says (interpretation of the meaning):
“but if you fear that you shall not be able to deal justly (with them), then only one”
[al-Nisa’ 4:3].
What is meant by fairness or justice here is treating them equally in terms of spending, clothing, accommodation and other material matters. How are you going to achieve fairness between the two wives when one of them will be living with you all the time and you will not see the other one except every two years for a short time?
Unless your first wife agrees and gives up her rights to time with you during this lengthy period.
Ibn Qudaamah (may Allah have mercy on him) said: If he has two wives in two different countries, then he must treat them fairly, because he has chosen to keep them far apart from one another, but their rights are not waived as a result of that. He must either go to the one that is far away on the day that is hers, or bring her, or bring both of them to live in one city.
If she refuses to come even though she is able to, then she forfeits her rights because of her defiance (nushooz).
If he decides to divide his time between both of them in their own cities or countries, and it is not possible to divide his time between them night by night, then he should make the period spent with each one of them according to what is possible, such as one month with one and one month with the other, or more or less than that, according to what he is able to do and depending on how near or far the two cities are from one another.
End quote fromal-Mughni(8/152)
See also the answers to questions no. 49044and 98388
To sum up: it is permissible for you to take a second wife if your first wife agrees to you being away from her for a long time and she waives her rights to time with you during this period. But if she does not agree, then you do not have the right to go ahead with this marriage because you are not able to treat both wives fairly and justly.
What you should do is strive hard to bring your wife to join you. If you can do that and then after that you want to take a second wife, then there is nothing wrong with it.
And Allah knows best.

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*AS'SALAMU ALAIKUM (WR, WB)*
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Saturday - Aug - 22 - 2015
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Thul-Qi'dah 6 -1436
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Plural marriage and fair treatment of co-wives, Dought & clear, - * He has two wives and he does not allow one of them go out or to receive visits from her family except with his permission

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Is permissable for a man who has two wives to request from the first one to seek his permission everytime she leaves the house and when someone is coming to the house even if it were one of her family member and not request it from the second wife?.
Praise be to Allaah.
Firstly:
One of the rights that the husband has over his wife is that she should not go out of his house except with his permission or let anyone into his house except with his permission.
The evidence for the former is the report narrated inal-Saheehaynabout the slander incident (al-ifk), in which ‘Aa’ishah (may Allah be pleased with her) said to the Prophet (blessings and peace of Allah be upon him): “Will you give me permission to go to my parents?” Narrated by al-Bukhaari, 4141; Muslim, 2770.
Al-Iraqi said inTarh al-Tathreeb(8/58): Her saying, “Will you give me permission to go to my parents?” indicates that the wife should not go to her parents’ house except with the permission of her husband. End quote.
See also question no. 87834
The evidence for the latter is the words of the Prophet (blessings and peace of Allah be upon him): “No woman should fast when her husband is present without his permission, and she should not allow anyone to enter his house when he is present without his permission.” Narrated by al-Bukhaari, 4899; Muslim, 1026.
The correct view is that the husband does not have the right to prevent his wife’s parents from visiting her unless he thinks it most likely that their visit will result in trouble and harm. See question no. 112048.
Secondly:
It is not obligatory to treat co-wives the same with regard to what is mentioned above. In the case of one of them going out of his house without his permission there may be the possibility of harm or trouble or temptation, or he may be very protectively jealous for her, or there may be other reasons that make the man resort to such a thing, so he makes her ask permission before going out, but he does not require that of the other wife. The same may be said concerning the issue of visits.
What matters is that the husband should not seek thereby to harm his wife or hurt her and make things difficult for her, because that is contrary to the good treatment that he is enjoined to give her.
And Allah knows best.

- PUBLISHERNajimudeeN M

Plural marriage and fair treatment of co-wives, Dought & clear, - * If a man is absent on the night of one of his wives with or without an excuse, he has to come back and make up that night

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My husband travelled before the end of his three nights in my house (as we both agreed). Does he have to come back as soon as he returns to complete the remaining two nights, or can he choose where he wants to stay for the next three?.
Praise be to Allaah.
If the husband divides his time between his wives, spending one night or two nights or three nights with each in turn, then it is the right of each of his wives that he should stay overnight with her on the nights that are allocated to her, because she is entitled to that. If circumstances dictate that he should be absent on the night of one of his wives completely or for a long time, such as if he is imprisoned or is travelling or is getting married, then the right of the wife whose turn it was is not waived; rather when he comes out of prison or returns from his travel or the time allocated to the new wife ends, he has to go back to the wife whose turn it was and stay overnight with her, or complete what is left of her night. This is what is required to be just and fair.
Al-Shaafa‘i (may Allah have mercy on him) said: If he allocated time to a wife then he went away then he returned, he should start dividing his time with the one whose turn comes next.
Similarly, if he is not travelling but he is distracted from staying overnight with her, he should resume dividing his time as if he had returned from being away, so he should start with the one whose turn it was.
And he said:
If he was with her for part of the night, then he went away then he came back, he should start by making up to her what is left of the night, then he should go to the one whose turn comes next at the end of the night, so that he is being fair to them with regard to dividing his time.
Al-Umm(5/281).
Ibn Qudaamah (may Allah have mercy on him) said:
If he leaves one of his wives during her time, if that is during the day or at the beginning or end of the night, when it is customary to leave the home and go out to pray, that is permissible, because the Muslims go out to pray ‘Isha’ and Fajr before dawn breaks, and with regard to the day, it is the time when people go out and about to earn a living.
But if he goes out at some other time and comes back quickly, he does not have to make it up for her, because there is no benefit in making that up. But if he stays out for a long time, he should make it up to her, whether his staying out was for an excuse such as work or being detained, or there was no excuse, because her rights were denied by his being away from her. And if he wants to make up for that by staying away from the other wife for as long as he stayed away from this one, that is permissible, because equal treatment is attained by doing that, and because it is permissible for him to stay away for a full night if he does the same to each of his wives; so by analogy it is also acceptable with regard to part of the night.
Al-Mughni, 8/145
Another issue with regard to the rights of the wife over the husband, which supports what is mentioned above, is that if the husband wants to travel and draws lots between his wives, and one wife’s name is drawn, then she still has the right to her night after he comes back from his journey, and the fact that he took her with him on his journey does not mean that her right to her night or nights is waived.
Shaykh al-Khateeb al-Sharbeeni al-Shaafa‘i (may Allah have mercy on him) said:
Al-Bulqayni said: If the name of the one whose turn it is is drawn, her turn is not included in the period of travel; rather, when he returns, he should still give her her right to a share of his time. In the text ofal-Ummthere is that which confirms this.
Mughni al-Muhtaaj, 3/258
Shaykh Mansoor al-Bahooti al-Hanbali (may Allah have mercy on him) said:
The husband should still allocate the rightful share of his time to the one he takes with him after choosing her by drawing lots, when he returns from his journey and he should not regard the time spent travelling as part of her share of his time, because of the hadeeth of ‘Aa’ishah quoted above, as she did not mention making up the time, and because the one who travelled with him was the only one to undergo the hardships of travel.
Kashshaaf al-Qinaa‘, 5/201
To sum up:
When your husband comes back from his trip, he has to make up the rest of your three nights, and thus he will attain the justice that Allah has required of him. He does not have to start dividing his time anew, because he still owes you some time that he has to make up for you.
And Allah knows best.

- PUBLISHERNajimudeeN M