I am a young man married to my cousin’s daughter with a specific mahr, and my cousin contracted the marriage of my sister with a mahr different from mine, and he has not consummated it, and this was several months after my marriage.
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The questioner : He says: Honorable Shaykh, I am a young man married to my cousin’s daughter with a specific mahr. And my cousin contracted the marriage of my sister with a mahr different from mine, and he has not consummated it. And this was several months after my marriage, knowing that both women agreed to the marriage and were never forced. And I asked my father: “Is there a condition between you and my uncle—meaning: I will not marry my daughter to your son until you marry your daughter to my son?” He said: “No.” And my father said: “I did not marry your sister except with her consent, and if she had refused, I would not have forced her.” My question, O honorableThe Shaykh : Is this marriage considered shighar? And if it is shighar, what is the solution, knowing that my wife is currently pregnant?
The Shaykh : This is not shighar, because it was not conditioned that one of them marry the other’s son. And as long as there is no condition in it, and it only happened by agreement, meaning by coincidence, then it is not shighar. However, some scholars say: Even if the condition existed, as long as the mahr is the customary mahr, and each of the two husbands is a suitable match for the wife, and each of the two wives is satisfied with it, then it is not shighar, because shighar is what is devoid of mahr. And this was not devoid of mahr.
As for the matter mentioned by the questioner, there is no doubt that it is not shighar, and that the marriage is valid. And he should not be worried about it. Yes.
The Shaykh : This is not shighar, because it was not conditioned that one of them marry the other’s son. And as long as there is no condition in it, and it only happened by agreement, meaning by coincidence, then it is not shighar. However, some scholars say: Even if the condition existed, as long as the mahr is the customary mahr, and each of the two husbands is a suitable match for the wife, and each of the two wives is satisfied with it, then it is not shighar, because shighar is what is devoid of mahr. And this was not devoid of mahr.
As for the matter mentioned by the questioner, there is no doubt that it is not shighar, and that the marriage is valid. And he should not be worried about it. Yes.
