Section

He is obliged to spend one night out of every four with a free woman, and if he wishes, he may be alone for the remainder. …

His statement, “He is obliged,” means: the husband.

His statement, “to spend one night out of every four with a free woman, and if he wishes, he may be alone for the remainder,” means that he must spend one night out of every four with the free woman, sleeping with her in the marital bed. This is due to Allah’s saying:

“And forsake them in their beds.” [al-Nisa’ 4:34]

That is, in the bed. It does not mean, for example, that he sleeps in one room while she is in another room in the house. Rather, he must sleep with her in the marital bed one night out of every four. Of the four nights, he may spend three by himself.

The evidence for this is that a woman came to the Commander of the Believers, Umar ibn al-Khattab—may Allah be pleased with him—and praised her husband, saying, “My husband prays at night and fasts during the day, but I have no share of him.” The Commander of the Believers—may Allah be pleased with him—asked Allah to forgive her, instructed her to be patient, praised her husband, and then she left. Ka‘b ibn Sawwar was with him, and when she had gone, he said, “O Commander of the Believers, you have not settled her case.” Umar said, “Why not?” He replied, “She is seeking redress from you against her husband”—meaning, she is complaining to you about her husband.

Umar—may Allah be pleased with him—then summoned her husband and informed him of the matter. He then said to Ka‘b, “Judge between them, for you have understood something of their situation which I did not understand.” Ka‘b said, “She is entitled to one night out of every four, and the rest are yours.” (1) This is because he is permitted to marry four wives. Thus, if he marries four, three nights belong to the other three wives, while she has one night. Umar—may Allah be pleased with him—was impressed by his ruling and judgment, and he enforced it.