Divorcing One’s Wife and Marrying Her Sister for Some Benefit

Question

My wife has been a tuberculosis (TB) patient for about 12/14 years; she cannot do any work, she also has two sons, and there is no affection (care) for the children. Therefore my wife wishes: “Set me free and contract nikah with my younger sister, who is a widow; this will remove the difficulties with the work.” Can this nikah be permissible or not?

Answer

If it is the wife’s own wish, and there is a need for nursing her as well as for bringing up the children, such that you divorce the sick wife and, after the ‘idda, marry her widowed sister, then it is permitted by the Shari‘a. Thereafter observing hijab from the first wife will become obligatory (lazim).

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.