Is shighar considered when a man marries his daughter to his neighbor for twenty thousand, and the neighbor marries his daughter to him for the same dowry?
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Question:
He says: Honorable Shaykh, may Allah grant you success. In my country, some people marry their daughter to their neighbor for twenty thousand riyals, and the neighbor marries his daughter to him for twenty thousand riyals as well. Does this count as shighar?
Answer:
Yes, this is according to the second opinion, which Shaykh Ibn Baz (may Allah have mercy on him) adopted. He stated that it is shighar, even if each of them has a dowry. He said that the narration "or no dowry between them" is from the interpretation of Ibn 'Umar and not from the original text of the hadith. There is harm in this for the women, as their interest is not considered; rather, only his interest is considered. He gives his daughter or his ward to the other on the condition that the other gives his ward to him, and they do not look at the interest of the two women, nor do they take the opinion of the women. So the harm is present.
He says: Honorable Shaykh, may Allah grant you success. In my country, some people marry their daughter to their neighbor for twenty thousand riyals, and the neighbor marries his daughter to him for twenty thousand riyals as well. Does this count as shighar?
Answer:
Yes, this is according to the second opinion, which Shaykh Ibn Baz (may Allah have mercy on him) adopted. He stated that it is shighar, even if each of them has a dowry. He said that the narration "or no dowry between them" is from the interpretation of Ibn 'Umar and not from the original text of the hadith. There is harm in this for the women, as their interest is not considered; rather, only his interest is considered. He gives his daughter or his ward to the other on the condition that the other gives his ward to him, and they do not look at the interest of the two women, nor do they take the opinion of the women. So the harm is present.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2947- 4717] هل من الشغار تزويج الرجل ابنته لجاره بعشرين ألف وجاره يزوجه ابنته بنفس المهر؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
