and upheld. If it is not upheld and given effect, then there is no benefit in reconciliation.

Or that he allot her less time than her co-wife, or more; or that he stipulate an option in it; or that, if he brings the bridal gift at such-and-such a time, otherwise there is no marriage between them, …

His statement, “Or that he allot her less time than her co-wife,” means that a man marries a woman while already married to another woman—her co-wife. She is called a co-wife because, in most cases, there is much mutual harm between her and the other wife. If he stipulates that he will allot her less time than her co-wife, the authoritative position of the school is that this is invalid, whereas the correct view is that it is valid. Thus, if he says, “I have a wife to whom I will give two days, and to you one day,” and she accepts this, there is no objection. Sawdah bint Zamʿah gave her day to Aishah, and the Prophet approved of this (1).

If she stipulates that he should allot her less time than her co-wife—meaning that she says, “Give me one day and my co-wife two days”—can such a condition originate from the woman? Yes. This woman may be a teacher or employed, and she may say, “I do not want you to come to me every other day. Come to me one day and to the other wife two days.” Or she may say, “I have one day and she has six days,” or, for example, “I have Thursday and Friday, and the rest belongs to the first wife.” According to the author, the marriage is valid but the condition is invalid. They said: because it entails forfeiting the husband’s right. The response is that one may say: yes, it is a forfeiture of the husband’s right, but it is done with his consent and choice. Therefore, the correct view is that if she stipulates that he allot her less time than her co-wife and he agrees, the condition is valid.

His statement, “Or more,” means that she stipulates that he allot her more time than her co-wife. This condition is invalid, due to the Prophet’s saying: “Whoever has two wives and inclines toward