What happens to the division right if a man divorces one wife after allocating time to another?

General Chapter

Al-Mughni

Book of the Wedding Feast

Book 37 · Issue 5 · Bab 1

Open in Qurani

Primary text

If a man allocates a night to one wife and then divorces another before allocating her due night, he incurs sin for forfeiting her obligatory right. If the divorced wife returns to him via retraction (ruj'a) or new marriage, he must compensate her for the missed time because he is now able to fulfill her right, akin to a debtor gaining means to pay a debt. If, after allocating time to one wife, the second wife closes the door, prevents access, refuses his stay, or claims divorce, her right to the division period is forfeited. If she subsequently complies, the division restarts among them, and the time she forfeited is not compensated because she waived her own right.

Supporting text

If one wife rebels (nashuz) and the husband fails to divide time with her, but later she obeys, and he had favored another wife, the division is adjusted. If he had three wives, wronged the third, and then married a new wife, the new wife is granted her initial right (seven nights for a virgin, three for a non-virgin), and then division occurs among the new wife and the wronged wife over five cycles, with the wronged wife receiving three nights per cycle and the new wife receiving one.