How is the division of time handled if a husband marries two wives and decides to travel?

General Chapter

Al-Mughni

Book of the Wedding Feast

Book 37 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a husband marries two women and intends to travel, he casts lots between them. He travels with the one designated by the lot, and this travel period satisfies her right regarding the travel division. Upon his return, one view states he must fulfill the time allocation right for the second wife because it was a right due to her before his departure which he did not render, similar to a debt. Another view holds that he does not have to compensate the second wife, as doing so would favor her over the wife who traveled with him, given that the non-traveling wife receives more comfort and security in residence than the traveling one, thus the compensation would constitute a preference that is difficult to uphold.

Supporting text

If he returns from his journey before the period allotted to the first wife expires, he completes that period in residence and must give the non-traveling wife an equivalent amount. In a third interpretation, the right of allocation should be entirely restarted for both wives upon his return, and the time spent traveling should not be counted for or against either wife regarding the general allocation right, as the right of allocation itself is not nullified by mere travel.