Hadith 3317

(1) The statement: “When he intended to travel, he drew lots among his wives, etc.”: Meaning, they have no right to division during travel, so the husband travels with whichever he wishes. It is better to draw lots and travel with the one whose lot is drawn. Ash-Shafi‘i said: Drawing lots is required, meaning obligatory, as it is narrated that the Prophet (ﷺ) drew lots among his wives when intending travel. We say: The drawing of lots in this Hadith is to comfort their hearts, so it is recommended. This is because a wife has no right during her husband’s travel. Does he not have the right to travel without any of them? Likewise, he may travel with one, and that duration is not counted against him, as in Al-Hidayah. In Radd al-Muhtar: There is no division during travel, as it is not feasible unless he takes them all, and requiring that causes evident harm, per An-Nahr. He may trust one for travel and another for residence, or for safeguarding property, or fear fitnah, or one’s excessive weight may prevent travel. Requiring travel with one whose companionship he fears, because her lot came up, imposes severe harm, which is negated by the principle of removing hardship, per Fath. In Al-‘Inayah: They have no right to division during travel. This addresses two issues: First, drawing lots is recommended for us, but required for Ash-Shafi‘i, meaning obligatory. Second, if he travels with one without drawing lots and returns, do the others count that duration? For us, they do not, unlike him. This is based on the first, as if drawing lots is required and he does not do it, the travel duration is the turn of the one with him, so the others should have equivalent turns for justice. We say: Equality is obligatory when division is due, and during travel, it is not, so equality is not required, and that duration is not counted as her turn.