Fatwa: # 22497
Category: Marriage
Country: United Arab Emirates
Date: 28th September 2012

Title

If a man has 4 wives, is it permissible for him to marry a 5th woman after giving one of the wives a divorce? Or, is the death of one of the wives a condition in order for him to marry a 5th woman?

Question

Asalam Alaikum

A man cant keep more than 4 wives at a time.But if he divorces any one of them then can he go for 5th marriage?? One Alim told me that after having 4 wives a man cant marry 5th woman unless anyone of them die.Even after divorce also he cant marry.Death of  wife is condition in such case. plz guide me that is it correct?

Answer

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, a man cannot have more than 4 women in his marriage at once. When he divorces one of them, she no longer remains in his marriage. Therefore, it is permissible for him to marry a 5th woman since she will be considered as the 4th woman in his marriage. There is no condition of the death of any of his wives in order to marry a 5th woman.[1]

In summary, a man may marry as many women as he wishes as long as he does not possess more than 4 women at once.

 

 

And Allah Ta’āla Knows Best

Abdul Hannan Nizami,
Student Darul Iftaa
Chicago, USA

Checked and Approved by,
Mufti Ebrahim Desai.



[1] فإن طلق الحر إحدى الأربع طلاقا بائنا لم يجز له أن يتزوج رابعة حتى تنقضي عدتها (الهداية في شرح بداية المبتدي، ج1ص190، دار احياء التراث العربي)

 (فإن طلق الحر إحدى الأربع) حتى إذا كان الحر متزوجا بأربع نسوة فطلق إحداهن (طلاقا بائنا لم يجز له أن يتزوج رابعة) أي امرأة رابعة (حتى تنقضي عدتها) (البناية شرح الهداية، ج5ص56، دار الكتب العلمية)

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