⚖️ Polygyny: rulings & justice · #7
If a husband takes one wife on a journey without drawing lots, is he sinful?
According to the Shafi'i school, a husband who takes one wife on a journey without drawing lots or without the other wives' agreement has breached justice and must make up that period to them.
The basis is the Prophet's ﷺ practice of drawing lots among his wives before travelling (Sahih al-Bukhari 2593). If the husband chooses by himself, the wives left behind are entitled to make-up (qada') nights equal to the time spent with that wife during the journey. The best course is to discuss it beforehand; if all the wives agree, there is no problem. The husband must also repent if he was deliberately unjust. See Fiqh of polygyny.
The basis is the Prophet's ﷺ practice of drawing lots among his wives before travelling (Sahih al-Bukhari 2593). If the husband chooses by himself, the wives left behind are entitled to make-up (qada') nights equal to the time spent with that wife during the journey. The best course is to discuss it beforehand; if all the wives agree, there is no problem. The husband must also repent if he was deliberately unjust. See Fiqh of polygyny.
Difference between schools. The Hanafis do not require make-up (qada') of the travel period, because for them drawing lots is only recommended.
Sources
Sahih al-Bukhari 2593