The Ruling on Shighar in Marriage
Machine translationRead the Arabic original
The Shaykh:
May Allah greet you and bless you.
The questioner:
The questioner sent a question to the program asking about shighar. He asks: What is its description? Why is it forbidden? And was it present at the beginning of Islam?
The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. Shighar is in the context of marriage, in the marriage contract, where a woman is made the price for another woman; they call it a barter. If there is no mahr, it is invalid by consensus. If there is a mahr, there is disagreement among the scholars. Some scholars hold that it is not considered shighar if the full mahr is paid to each woman and she is not wronged in any way. Others say that it is not valid even if the mahr is paid; the barter is not valid by making a condition that he will not marry his brother until he marries him. He says: I will marry you on the condition that you marry my slave woman. I will marry you my slave woman on the condition that you marry me your slave woman. If there is no mahr between them, it is invalid by consensus. If there is a mahr between them that is appropriate for each one, some scholars consider it valid, while others prohibit it due to the general prohibition of shighar. Yes.
The presenter:
May Allah reward you,
May Allah greet you and bless you.
The questioner:
The questioner sent a question to the program asking about shighar. He asks: What is its description? Why is it forbidden? And was it present at the beginning of Islam?
The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. Shighar is in the context of marriage, in the marriage contract, where a woman is made the price for another woman; they call it a barter. If there is no mahr, it is invalid by consensus. If there is a mahr, there is disagreement among the scholars. Some scholars hold that it is not considered shighar if the full mahr is paid to each woman and she is not wronged in any way. Others say that it is not valid even if the mahr is paid; the barter is not valid by making a condition that he will not marry his brother until he marries him. He says: I will marry you on the condition that you marry my slave woman. I will marry you my slave woman on the condition that you marry me your slave woman. If there is no mahr between them, it is invalid by consensus. If there is a mahr between them that is appropriate for each one, some scholars consider it valid, while others prohibit it due to the general prohibition of shighar. Yes.
The presenter:
May Allah reward you,
Source
نور على الدرب - الفوزان - 03/052 — archive.org (0:52)
The Arabic text is a machine transcription of the audio recording.