SECTION ON MARRIAGE · 40 – MARRIAGE ON THE CONDITION OF PROVIDING A HOUSE
2139 – It is narrated from ʿUqba ibn ʿAmr (may Allah be pleased with him): The Messenger of God (peace and blessings be upon him) said, “The most deserving of conditions to be fulfilled are those by which you make lawful to yourselves (through marriage) the private parts of women (i.e., the dowries you give them).” [137]
EXPLANATION
Ḥanafīs: If a man, when marrying his wife, stipulates that he will not take her out of her father’s house, he may nevertheless take her out after marriage. The opinions of the Shāfiʿī and Mālikī schools are also like this. Aḥmad ibn Ḥanbal says that the condition must be fulfilled. (ʿAwn al-Maʿbūd, vol. 6, p. 176)