Is it permissible for a wife to gift her division right to her husband or co-wives, and what conditions apply?
General Chapter
Al-Mughni
Book of the Wedding Feast
Primary text
It is permissible for a woman to gift her right of division to her husband, some of her co-wives, or all of them, but this requires the husband's consent because his right to enjoyment cannot be waived without his agreement. If both she and the husband consent, it is valid, as the right belongs to them jointly. If the recipient wife refuses the gift, it is invalid, as the husband's right to enjoyment remains constant; removing the competition from the gifting wife restores his right regardless of the recipient's preference. It is established that Sawdah gifted her day to Aisha, and the Prophet, peace be upon him, spent Aisha's day and Sawdah's day with Aisha. This gifting may apply to all time or a portion of it. If she gifts it to the husband, he may allocate it to whomever he wishes without harming the others. If she gifts it to one wife, as Sawdah did, it is permissible, but if that night does not immediately follow the giver's night, the husband cannot immediately follow it with the recipient's next turn unless the remaining wives consent, as the gifted night must remain in its original chronological place for the recipient.
Supporting text
Another view suggests that combining the nights consecutively is permissible due to the lack of benefit in separating them, but the sounder opinion prohibits this separation due to the loss of benefit derived from maintaining the established sequence. If the giver revokes the gift for the future, she may do so, as it was an unaccepted gift, but she cannot revoke what has already passed, as that is considered accepted. If she revokes it during the night itself, the husband must move to her; if he fails to know and completes the night, he owes her nothing as the negligence is hers.