A man who marries a woman and agrees to a condition about her staying in her home

Abd al-Rahman bin Ghanm says: Sayyiduna Umar (may Allah be pleased with him) was asked about this, and he said: "This condition is now the woman's right." A man said: "Then they will leave us!" Sayyiduna Umar (may Allah be pleased with him) said: "Rights are settled at the time the conditions are made."

Sayyiduna Umar (may Allah be pleased with him) says: The fulfilment of the condition is the woman's right.

Sayyiduna Uqbah bin Amir (may Allah be pleased with him) says that the Messenger of Allah (peace and blessings be upon him) said: "The conditions most deserving of being fulfilled are those by which you made the private parts lawful."

Abu Ubaydah says: Sayyiduna Mu'awiyah (may Allah be pleased with him) asked Sayyiduna Amr bin al-As (may Allah be pleased with him) about this, and he said: "The fulfilment of the condition is the woman's right."

Abu al-Sha'tha' said: When a man stipulates her house for a woman, then this is a condition through which he has made her private parts lawful.

Abu al-Zinad said: Once a woman brought a case to Umar bin Abd al-Aziz that her husband, at the time of the marriage, had stipulated that she would stay in her own house, and now he wanted to move her out of that house. Umar bin Abd al-Aziz said: It is the woman's right to stay in her house; the husband cannot move her out of it. And by the One in whose hand is my soul, even if you had made the woman's private parts lawful in exchange for gold equal to Mount Uhud, I would have taken that too from you and given it to her.

Mujahid and Sa'id bin Jubayr said: He may move her out of the house.

Yahya bin al-Jazzar said: Then by what does he make her private parts lawful? By what such and such? So the two of them (Mujahid and Sa'id bin Jubayr) retracted.