The Ruling on Marriage by Shighar and Renewing the Contract
Machine translationRead the Arabic original
The questioner:
A questioner asks about the ruling on marriage by shighar. What is the ruling on... regarding marriage by shighar, regarding the contract of shighar? Yes?
The Shaykh:
Shighar is invalid; marriage by shighar is invalid. The Messenger (peace and blessings be upon him) forbade it. Shighar means that you make a woman in exchange for a woman, as a substitute for what is called the mahr (bridal gift), where there is no mahr, but rather a woman is given in exchange for a woman. This is invalid by consensus. And shighar... Some scholars say that even if there is a mahr, it is still shighar, because even if there is a mahr, it does not avoid harming the woman, so this is left alone. And the contract of shighar is invalid by consensus.
The questioner:
May Allah reward you. What does one do with a contract made under this marriage? One who contracted a woman with this marriage?
The Shaykh:
Yes.
The questioner:
What does one do with a contract made with a woman under this marriage, the marriage of shighar? Does he renew the contract?
The Shaykh:
Praise be to Allah, the contract is renewed from the beginning. Yes.
A questioner asks about the ruling on marriage by shighar. What is the ruling on... regarding marriage by shighar, regarding the contract of shighar? Yes?
The Shaykh:
Shighar is invalid; marriage by shighar is invalid. The Messenger (peace and blessings be upon him) forbade it. Shighar means that you make a woman in exchange for a woman, as a substitute for what is called the mahr (bridal gift), where there is no mahr, but rather a woman is given in exchange for a woman. This is invalid by consensus. And shighar... Some scholars say that even if there is a mahr, it is still shighar, because even if there is a mahr, it does not avoid harming the woman, so this is left alone. And the contract of shighar is invalid by consensus.
The questioner:
May Allah reward you. What does one do with a contract made under this marriage? One who contracted a woman with this marriage?
The Shaykh:
Yes.
The questioner:
What does one do with a contract made with a woman under this marriage, the marriage of shighar? Does he renew the contract?
The Shaykh:
Praise be to Allah, the contract is renewed from the beginning. Yes.
Source
لقاء مفتوح في الحوية — alfawzan.live (54:28)
The Arabic text is a machine transcription of the audio recording.