He wants to marry his sister and marry his daughter to him in exchange for paying money
Machine translationRead the Arabic original
Fatwa number ( 354 )
Q: A man has no wife, but he has a daughter. He wants to marry a woman and exchange her for his daughter, meaning: he wants to marry his daughter to a man and take his sister in exchange for his daughter, and he is in a state of poverty and cannot afford to marry with money. Is it permissible for him to marry by exchange or by money, and what is better?
A: If the questioner intends by his question about which is better that he marry a woman with his daughter by way of exchange between him and another, or that he marry a woman with money, then there is no point in comparing them, because his marriage to a woman with his daughter by way of exchange between him and another is forbidden, and it is shighar, which the Prophet (peace and blessings be upon him) forbade. Nafi' narrated from Ibn 'Umar (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) Shighar is: a man marries his daughter on the condition that the other marries him to his daughter, and there is no mahr between them. It is agreed upon by al-Bukhari and Muslim. As for his marriage with money, there is nothing wrong with it. Thus it becomes clear that comparing a forbidden thing with a permissible thing is out of place. As for if he intends by the comparison his marriage to the one he desires
to exchange her for his daughter with money, or his marriage to another with money, the safest for him and the most clearing of his conscience is to marry the other woman; because in the case of his marriage with his money to the woman he wants to marry his daughter to her guardian, he may be lenient in taking the full mahr of his daughter in exchange for the leniency of the woman's guardian in taking her full mahr from him, so they fall into the doubt of shighar. It is established from the Prophet (peace and blessings be upon him) that he said:Bulugh al-Maram 16:32 , and he said (peace and blessings be upon him): Sunan an-Nasa'i 5711Sahih (Darussalam) . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: A man has no wife, but he has a daughter. He wants to marry a woman and exchange her for his daughter, meaning: he wants to marry his daughter to a man and take his sister in exchange for his daughter, and he is in a state of poverty and cannot afford to marry with money. Is it permissible for him to marry by exchange or by money, and what is better?
A: If the questioner intends by his question about which is better that he marry a woman with his daughter by way of exchange between him and another, or that he marry a woman with money, then there is no point in comparing them, because his marriage to a woman with his daughter by way of exchange between him and another is forbidden, and it is shighar, which the Prophet (peace and blessings be upon him) forbade. Nafi' narrated from Ibn 'Umar (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him)
He forbade shighar,
نهـى عن الشغار،to exchange her for his daughter with money, or his marriage to another with money, the safest for him and the most clearing of his conscience is to marry the other woman; because in the case of his marriage with his money to the woman he wants to marry his daughter to her guardian, he may be lenient in taking the full mahr of his daughter in exchange for the leniency of the woman's guardian in taking her full mahr from him, so they fall into the doubt of shighar. It is established from the Prophet (peace and blessings be upon him) that he said:
Both lawful (Halal) and unlawful things (Haram) are evident but in between them there are doubtful things·and most people have no knowledge about them. So he, who saves himself from these doubtful things, saves his religion and his honor (i.e. keeps them blameless). And he who indulges in these doubtful things is like a shepherd who pastures (his animals) near the Hima (private pasture) of someone else and at any moment he is liable to get in it.
الحلال بين والحرام بين وبينهما أمور مشتبهات لا يعلمهن كثير من الناس، فمن اتقى الشبهات فقد استبرأ لدينه وعرضه ومن وقع في الشبهات وقع في الحرامLeave that which makes you doubt for that which does not make you doubt.
دع ما يريبك إلى ما لا يريبك
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.