What are the procedures for selecting which wives travel with the husband, and the obligation to compensate those remaining behind?
General Chapter
Al-Mughni
Book of the Wedding Feast
Primary text
If a husband wishes to take all his wives traveling or leave them all behind, no lottery (qur'ah) is required as he is treating them equally. If he wishes to travel with some but not all, he must draw lots, as this is the position of the majority of scholars, supported by the practice of the Prophet (PBUH) drawing lots. If he travels with more than one, he must also draw lots between them. He must maintain equality among those traveling with him, just as he does when resident. The majority view is that he is not obligated to compensate the wives who remain behind after his return, meaning he starts the division anew among all upon return. If he travels with one without a lottery, he sins, and he must compensate the remaining wives after his return.
Supporting text
Malik held that a lottery is not required for travel. Dawud held that compensation must be made based on Quran 4:129 ({So do not incline completely [toward one], thereby leaving another hanging}). The stronger proof is that Aisha's narration regarding travel did not mention compensation, and the traveling wife endures the hardship of travel equivalent to the benefit of companionship, which is less than in residence. Compensating the resident wives fully would constitute excessive favoritism towards the traveler. If he travels with one without a lottery, he sins and must compensate the rest after his return. Some scholars argue that compensation is not required because the division in travel is not equivalent to division in residence.