Is it permissible for a husband to leave one wife's company during her allotted time?
General Chapter
Al-Mughni
Book of the Wedding Feast
Primary text
If a husband leaves one wife's presence during her time, and this departure occurs during the daytime, the beginning or end of the night typically associated with movement and leaving for prayer (like Isha or Fajr prayers), it is permissible. If the absence occurs outside these times, and he returns shortly, he does not need to compensate her for the lost time, as the benefit of recompense is absent. If he remains away for an extended period, he must compensate her, whether the absence was due to a valid excuse, such as business or detention, or without excuse, because her right has been forfeited by his absence. He may compensate her by dedicating an equivalent duration from another wife's time, thereby achieving equity. If leaving an entire night is permissible for either wife, leaving a portion of it is all the more permissible.
Supporting text
It is recommended to compensate her at a time similar to when the absence occurred, as this is more conducive to similarity, which is a consideration in recompensing obligations and rights, like making up acts of worship. If compensation occurs at a different time within the night (e.g., missing the beginning and compensating at the end, or vice versa), there are two views: one permits it as the equivalent duration has been made up, and the other prohibits it due to the lack of similarity. If the absence is confirmed, the entire missed portion cannot be taken from the other wife's night alone, lest her right becomes unfulfilled and necessitates its own compensation. Instead, he must either spend a night alone compensating her, divide a night between them favoring the wronged wife by the missed portion, leave an equal portion from each wife's night, or divide the relinquished time between them; for example, leaving two hours from one wife's night and compensating the wronged wife with one hour from the other wife's night, resulting in one hour lost for each wife overall.