The Reality of Shighar Marriage and Marriage Without Conditions
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Question:
The Shaykh: May Allah reward you. A shighar marriage between two parties, such that a man marries a man's daughter, and later marries another man's daughter, without intending it. What is the ruling on this marriage?
Answer:
No, if the marriage is not linked to the other marriage, then this is not shighar. The discussion concerns a marriage where one part is linked to the other, where one is conditioned upon the other: "I will not marry you my daughter unless you marry me your daughter." This is shighar. Even if the marriage of one of them is delayed relative to the other, it is shighar, as long as it was agreed upon by both parties. It is shighar whether they occurred simultaneously or one was delayed. However, if there was no agreement and no condition, then this is not shighar. Yes.
The Shaykh: May Allah reward you. A shighar marriage between two parties, such that a man marries a man's daughter, and later marries another man's daughter, without intending it. What is the ruling on this marriage?
Answer:
No, if the marriage is not linked to the other marriage, then this is not shighar. The discussion concerns a marriage where one part is linked to the other, where one is conditioned upon the other: "I will not marry you my daughter unless you marry me your daughter." This is shighar. Even if the marriage of one of them is delayed relative to the other, it is shighar, as long as it was agreed upon by both parties. It is shighar whether they occurred simultaneously or one was delayed. However, if there was no agreement and no condition, then this is not shighar. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 81 من 89|شرح العدة في شرح العمدة|كتاب الحدود|فصل فيما يشترط في السوط يقام به الحد|صالح الفوزان|الفقه — youtube.com (1:05:42)
The Arabic text is a machine transcription of the audio recording.