Does husband have to make nights up to wives he didn't travel with?

19-12-2013 | IslamWeb

Question:

SALAAMU ALAIKUM, My husband has multiple wives. If me and him go on a trip to handle business, does the time we are gone count as "my" time with him ? Does the time we spent together when away have to be made up to the other wife? If I am sent to go handle the family business by myself, am I entitled to get my days back?
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

According to the strongest view of scholars, the husband has no right to travel with one of his wives a distance that is considered a travel without him drawing lots between all his wives or after seeking their approval. The Kuwaiti Fiqh Encyclopedia reads: “The Shaafi’i and the Hanbali Schools of Fiqh agree that a husband is not permitted to travel with some of his wives – one or more – unless the other wives agree or after drawing lots (between them).”

If he travels without drawing lots or without pleasing them, then he is obliged to make up for the share of his other wives [regarding spending the night with them].

On the other hand, if one of his wives travels with his permission for his need, she does not then forfeit her rights, but if she travels for her need with his permission, then the jurists differed in opinion about this matter. Ibn Qudaamah may Allaah have mercy upon him said in his book, Al-Muqni’: “If she refuses to travel with him, or refuses to spend the night with him, or if she travels without his permission, then she forfeits her night; but if she travels at his request, then she retains her right to that; but if she travels for her need with his permission, then there are two different opinions in this regard. For more benefit, please refer to Fatwa 86264.

Finally, it should be noted that a woman is not permitted to travel except with a husband or a Mahram, regardless of whether she travels with the permission of her husband. Ibn ‘Abbaas may Allaah be pleased with him related that the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) said: ''A woman is not permitted to travel except with a Mahram..."

Allaah Knows best.

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