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Fatwa CenterHusband's absence for less than four months
Question
Assalaamu alaykum. The maximum period during which a man can stay away from his wife without permission is 4 months. I know that it is more appropraite to not stay away from her, but I want to know if a man will be sinful if he stays away from his wife for less than 4 months for whatever reason/personal work; and is he obliged to listen to his wife if she asks him to return?
Answer
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ʻalayhi wa sallam, is His slave and Messenger.
There is no doubt that the husband should not be away from his wife to the best of his ability; this is better for him and her. The Prophet, sallallahu ʻalayhi wa sallam, said, “Travelling is a piece of torture; it denies you your sleep, food, and drink. Whenever you have accomplished your purpose, hurry back to your family.” [Al-Bukhaari]
Al-Haafith Ibn Hajar 
said:
“It is deduced from the hadith that it is disliked for the husband to stay away from his family without need, and that it is recommended to return as soon as he can, especially if he fears harm to his family by his absence. Moreover, staying with the family is a source of comfort and tranquility helping the person attain success in his religious and worldly endeavors. Unlike travel, residence enables him to attend the congregational prayers and gives him more strength to perform acts of worship.” [Fat-h Al-Baari]
The maximum limit a husband is allowed to be away from his wife is six months according to the preponderant opinion of the scholars; it is the opinion adopted by the Hanbali scholars. It is impermissible for him to stay away from her for more than six months without her consent and without an excuse. If he stayed away for more than six months without an excuse, he bears a sin for that, as he would be violating her right over him.
If she asked him to return, he is obliged to return, except if he has a valid excuse; otherwise, she has the right to ask for a divorce. The Hanbali scholar Al-Buhooti said, “If the traveler has no valid excuse for not returning and he stayed away for more than six months and she (his wife) asked him to return, he is obliged to return.” [Kashshaaf Al-Qinaa’]
It should be noted that among the excuses that permit the husband to not return is the duration of an obligatory travel, such as Hajj or traveling to work and earn a living.
The Hanbali scholar Al-Mardaawi said:
“Imam Ahmad stated his opinion in this regard. In the narration by Ibn Haani’, a man asked for Imam Ahmad's opinion regarding a man who stayed away from his wife for more than six months. He (Imam Ahmad) said, ‘If he is performing Hajj, participating in jihad, or earning a living to provide for his dependents, then I hope there would be no harm in that as long as he has left her with sufficient financial maintenance and a male Mahram (permanently unmarriageable kin) to take care of her in his absence.’” [Al-Insaaf]
Allah knows best.
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