The Ruling on Marriage by Shighar with the Consent of Both Parties

Question:
Honorable Shaykh (may Allah have mercy on him), is marriage by shighar permissible if both parties are willing, the woman and the man, and the other woman and the other man?

Answer:
Marriage by shighar without a mahr is not lawful, so it is not permissible even if the two women consent, because there is a prohibition against it, as the prohibition regarding it has been reported. Even if there is a mahr between them, according to the opinion of Ibn 'Umar (may Allah be pleased with him), which some of the meticulous scholars preferred, even if there is a mahr between them, due to the generality of the hadith. Restricting it to the presence of a mahr is from the ijtihad of Ibn 'Umar (may Allah be pleased with him); this is from the ijtihad of Ibn 'Umar. Otherwise, the text is general: shighar is not permissible, whether there is a mahr present or not, whether the two women are willing or not. Yes.