and began to defy him. Whenever he instructed her to do something, she would not comply, saying, “Because you are going to marry another woman.” He said, “Would you like me to satisfy you?” She replied, “Yes.” He said, “If I marry any woman, she is divorced.” Then he contracted marriage with two women, but neither of them is divorced, because this is divorce made conditional upon marriage. Divorce cannot validly be made conditional upon marriage, since marriage must precede divorce.

“…that he not remove her from her house or her town; or she stipulates a specified currency, or an increase in her bridal gift: the condition is valid. If he breaches it, she has the right to annul the marriage, ………

His statement: “or that he not remove her from her house.” He says, “I will marry you to my daughter, but on the condition that you do not remove her from my house.” This is valid, because he himself has waived his right, and no one is wronged thereby. However, later on he may ask her to waive this condition, even in exchange for compensation, according to the stronger view.

His statement: “or her town.” If she stipulates that he not remove her from her town, this is permissible. It is somewhat broader than the condition concerning the house, because under this condition he may move her to his own house or to another area within the town. If the town expands until it becomes several towns, we say: so long as the name of the town still applies to this area, it remains her town, and this condition is permissible.

In al-Rawḍ (1), it states: “or that he not separate her from her children.” This too is a valid condition.

Likewise, if she stipulates that she may nurse her young child and he accepts this, it is binding upon him, because the utmost that all such conditions entail is a waiver of the husband’s full marital enjoyment; and he is the one who has accepted that and waived his right.