As for equitable treatment in “maintenance and clothing,” this too is the Sunnah, following the example of the Prophet—may Allah bless him and grant him peace. He treated his wives equitably in maintenance, just as he divided his time equally between them, although scholars differed over whether dividing his time equally was obligatory or recommended for him. They also differed over whether equity in maintenance is obligatory or recommended. The view that it is obligatory is stronger and more consistent with the Quran and Sunnah.

Such equity is enjoined as long as she remains his wife. If he wishes to divorce either wife, he may do so. But if he and the wife he wishes to divorce agree that she will remain with him without an allotted share of his time, and she willingly accepts this, that is permissible. As Allah Most High says:

“If a woman fears ill-treatment or neglect from her husband, there is no blame upon them if they reach a settlement between themselves, for settlement is best.”

In the Sahīh, ‘Ā’ishah said:

“This verse was revealed concerning a woman who has been married to a man for a long time, and he wishes to divorce her. She says, ‘Do not divorce me; keep me as your wife, and I release you from any obligation concerning my day.’ Then this verse was revealed.”

“The Prophet—may Allah bless him and grant him peace—had intended to divorce Sawdah, but she gave her day to ‘Ā’ishah, so he kept her as his wife without allotting her a share of his time.”

Something similar also happened to Rāfi‘ ibn Khadīj, and it is said that the verse was revealed concerning him.

He—may Allah have mercy on him—was asked:

What about a man who has two wives and favours one over the other in maintenance and all other rights, to the point that he has abandoned the other? What must he do?