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Fatwa CenterThe Condition not to Marry a Second Wife as a dowry
Question
Assalamou 'Alaikum Warahmatullaahi Wa Barakaatuh.My question is:A woman is asking her husband not to marry a second woman as Mahr.Is this type of Mahr valid ?Is there any Ahaadeeth or any Salaf who favour this view ?Jazaak Allaahu Khayr.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
After investigation, we have not come across a statement from any scholar stating that the dowry of a woman can be that the man does not marry a second wife.
It appears to us that this is not valid, because it is not money and it is not a benefit that has any financial value. In principle, the dowry should be money, as Allah Says (what means): {And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse.} [Qur'an 4:24] the dowry may also be in the form of benefits that have a financial value, such as the benefits of a house (i.e., renting a house for her to benefit from other than the one she lives in) or services (by hiring a made for her) for a definite period; all of which have the value of money. But for the dowry not to be money, or a benefit that has a financial value, then no.
Bada'i' As-Sana’i’, authored by Al-Kasani, reads: “If he marries her on the condition that he does not take her outside her country, or that he should not marry a second wife, then what is mentioned is not money.” [End of quote]
It should be noted that a man has the right to marry up to four wives if he is able to be fair between them. Allah Says (what means): {But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice].} [Quran 4:3] Therefore, the wife has no right to prevent her husband from this right. However, if she had stipulated that he should not marry a second wife, and made this a condition in the contract before the marriage, and he accepted, then he is obliged to fulfill this condition according to the most preponderant opinion of the scholars of Fiqh.
For more benefit, please refer to Fatwa 224677.
Allah knows best.
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