What is the ruling on the division of time between a Muslim woman and a People of the Book (Dhimmiyah) woman?

General Chapter

Al-Mughni

Book of the Wedding Feast

Book 37 · Issue 7 · Bab 1

Open in Qurani

Primary text

The Muslim woman and the People of the Book woman are equal in the division of time. If a man has two wives, one Muslim and one free People of the Book, the Muslim receives one night and the People of the Book receives two nights. If both are free, they receive one night each. Ibn al-Mundhir reported consensus among the scholars known to him that the division between a Muslim woman and a Dhimmiyah woman is equal. This is the view of Sa'id ibn al-Musayyab, Hasan, Sha'bi, Nakha'i, Zuhri, Hakam, Hammad, Malik, Thawri, Awza'i, Shafi'i, and the People of Opinion. This is because the division is a right of marriage, making the Muslim and the People of the Book equal therein, like maintenance and lodging.

Supporting text

This differs from the slave woman because the slave woman is not fully delivered to the husband, nor is complete lodging achieved for her, unlike the People of the Book woman.