Thread by @TasiuAl

1
بسم الله والصلاه والسلام على رسول الله وعلى آله وصحبه ومن اهتدى بهديه إلى يوم تُطْوَى السماءُ كطي السجل للكتاب.

MARRYING TWO WIVES IN THE SAME DAY.

This thread was triggered by the viral tweet/broadcast of BBC hausa where a man was explaining how he

https://twitter.com/TasiuAl/status/1368244234457919488

2. arrived at the decision to marry his 2 wives in the same day came to play. He mentioned somethings that aren't true by claiming the following:

1. That Allah gave the order to start with 2 wives in the very first attempt.

2. That marrying 2 wives in a day is Sunnah.

3. In as much as it (marrying 2 wives at once) is permissible in ISLAM but there are still some issues that needs to be cleared for the purpose of others who would seek to emulate him in this cause.
To make a short caption for this I say:

4.

1. The verse in suratu Nisa Q4 vs 3 does not command this act. Rather it states the permissibility of marrying more than 1 wife for he who has the means and feels the necessity to do so.

2. In my wide research which I hope to be proven wrong if I am,

5. I have never come across a narration where the prophet Married 2 wives in the same day. It was also never narrated - على حسب اطلاعي القاصر - where any Sahaba did that and the prophet affirmed it.

These would have made it the acclaimed (SUNNAH).

6. Bcos, Sunnah is what the prophet either did, say, affirmed for one who did it or suggests it

Then, I have also never heard of one who did that act amongst the first 5 generations after the prophet SAW. If it has happened I would be glad to know since I was unable to see such

7. So in all honesty the act of marrying 2 wives in the same day is permissible (Jāiz) in Islam for the some reasons:

1. No verse of the Qur'an or hadith either ordered it nor prohibited it.

8.
2. Since no clear context prohits it, it is taken to it's original state which is permissibility not compulsory.

Scholars of Usulul Fiqh will say:
الأصل فى الأشياء الإباحة حتى يأتى دليل صريح صحيح قطعي الثبوت فى النهي يصرفها عن إباحتها..

@almujtaba70

9.
3. Marrying 2 or 3 or 4 wives in at once is logically same with marrying 1 and adding to it till it gets to 4 (If there is mutual agreement between all parties involved).

For these reasons scholars - despite not witnessing it before - didn't term it HARAM,

10. rather they said (MAKRUH) = A disgusting act.

How did they arrive at the verdict (MAKRUH) ?

For the fact that it can be a way of denying one of the wives (Mostly the 1st wife) her rights.

11. A man is supposed to spend 7 straight nights with his first wife immidiately after the Aqdu Nikāh if she is a young girl (بِكرة). And if the wife is an old woman (ثيبة) 3 days.

On this basis scholars draws that the first wife is being denied her rights.

12. Again, should both of them agree that there should be an interchange /shift, like the husband spends the day with the Aisha today and spend the night with Zainab then tomorrow they interchange, it is said that the husband has not spent the needed time with both wives.

13. This in itself might be the beginning of jealousy when one will start to feel he loves the other more than her simply because she doesn't know what he is doing when he is with the other wives. (Speculations).

14. Since it's a matter scholars have no dispute over it let's hear from one or two sources:

قال الإمام يحي بن أبي الخير العمراني ، رحمه الله :
" ويكره أن تزف إليه امرأتان في ليلة واحدة ؛ لأنه لا يمكنه أن يوفيهما حق العقد معًا ، وإذا أقام عند إحداهما .. استوحشت الأخرى .

15. فإن زفتا إليه ، فإن كانت إحداهما قبل الأخرى .. أوفى الأولى حق العقد ثم الثانية ؛ لأن الأولى لها مزية بالسبق ، وإن زفتا إليه في حالة واحدة .. أقرع بينهما ؛ لأنه لا مزية لإحداهما على الأخرى " انتهى من " البيان – للعمراني " (9/520)

Yahya Al-Imrāniy Said in his book "Al-bayan":

It's despicable/disgusting to wed 2 wives for him (husband) in one night (same day), because he can't give both their rights of marriage at the same time. Should he stay with the first one, the other becomes bored and lonely.

Should one marry 2 wives in a day, and one comes before the other, he is expected to fulfil the rights of the first one (completion of 7/3 days) then he will turn to the other one for her own days.
This is because the first one has the grace of being first wife.

Should the Nikāh happen at the very same time, he should Make a pool / throw a dice for them to choose who takes her days first, because there is no grace of firsting anyone, they are both equally deserved.

By translation to this Man on BBC hausa interview, since he has no right to declare who is the first wife or not, since the first Nikāh so slated for 12:00pm and the other for 2:00pm, then the 12:00pm automatically becomes the first wife.

She should be accorded her 7 straight nights (young girl) before the other

Other scholar has a broader explanation which Is Ibn Qudamah
He said:
يُكْرَهُ أَنْ يُزَفَّ إلَيْهِ امْرَأَتَانِ فِي لَيْلَةٍ وَاحِدَةٍ، أَوْ فِي مُدَّةِ حَقِّ عَقْدِ إحْدَاهُمَا؛ لأَنَّهُ لا يُمَكِّنُهُ

أَنْ يُوَفِّيَهُمَا حَقَّهُمَا، وَتَسْتَضِرُّ الَّتِي لا يُوَفِّيهَا حَقَّهَا وَتَسْتَوْحِشُ .
فَإِنْ فَعَلَ ، فَأُدْخِلَتْ إحْدَاهُمَا قَبْلَ الأُخْرَى ، بَدَأَ بِهَا، فَوَفَّاهَا حَقَّهَا، ثُمَّ عَادَ فَوَفَّى الثَّانِيَةَ ، ثُمَّ ابْتَدَأَ الْقَسْمَ .

وَإِنْ زُفَّتْ الثَّانِيَةُ فِي أَثْنَاءِ مُدَّةِ حَقِّ الْعَقْدِ، أَتَمَّهُ لِلأُولَى، ثُمَّ قَضَى حَقَّ الثَّانِيَة
وَإِنْ أُدْخِلَتَا عَلَيْهِ جَمِيعًا فِي مَكَان وَاحِدٍ أَقْرَعَ بَيْنَهُمَا وَقَدَّمَ مَنْ خَرَجَتْ لَهَا الْقُرْعَةُ مِنْهُمَا، ثُمَّ وَفَّى الأُخْرَى بَعْدَهَا

It is detestable/hateful/dislike/disgusting to wed 2 wives for him (husband) in one night (same day), or in the period of the stay with the first wife, because he can't fulfil the rights of any of them, and the one cheated would be hurt and lonely.

If it happens anyway, he should give the first 7/3 days to the first wife and then come back to the second for her days too. Then he will begin to interchange/share days.

If the second wife was wedded during the period of stay with the first wife (in the first 7/3 days),

the man will complete the nights with the first wife before coming for the second wife for her nights.

If the marriage was done in the same venue/time, he should throw a dice and the winner takes the title 1st wife hence, getting the first nights 7/3, then the other follows.

See : Ibn Qudamah in Almughniy, Vol 7 page 242.

By translation,
1. this man is practicing a MAKRUH (detestable/dislike act) but not Haram.

2. He should take note of how he accord the both wives their first 7 nights by giving the first complete 7 nights to the one of 12:00pm

then the following 7 days becomes for the second automatically.

Disclaimer: I am nobody in this affair (Fiqh) and will never claim to know anything here.

But I opine that if the both wives are wedded in the same venue/time,

they should be given preference to make their choice of who takes the first seven days. And this should be decided even before the date of the marriage is set.

Remember, there must have been an understanding and contract between them already

for them to have come that far to agreeing for the marriage to go on in the same day and time.

This will help to lessen the jealousy the second wife will feel while the first wife is being served her Rightful 7/3 days

Just an opinion which can help but not compulsory on anyone

I decided to do this so that girls/women and Men should know the rules of whatever contract they sign before they sign it.

May Allah reward us for what we said right and what we said wrong may he forgive us...

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