Two men married through the method of shighar, where they stipulated that neither would marry the other off except in exchange for a bride, with a small and unequal mahr, and since one of them is
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The questioner : Two men married through the method of shighar, where they stipulated that neither would marry the other off except in exchange for a bride, with a small and unequal mahr. One of them is my father, who is about seventy years old. I advised him and explained to him that this marriage is shighar and forbidden, but he insisted on it. It is known that the people of good have clarified to everyone that this marriage is forbidden, but to no avail. It has become a custom of the father and the grandfathers for them. We ask for advice and guidance in such a case?
The Shaykh : The marriage of shighar is prohibited. The Prophet (peace and blessings be upon him and his family) prohibited it. Shighar is when a man marries his ward to a person on the condition that that person marries his ward to him. He says, "I have married my daughter to you on the condition that you marry your daughter to me," or they agree upon it beforehand that he will marry his daughter to him so that the other will marry his daughter to him. This is because the Prophet (peace and blessings be upon him) prohibited it, and because this wastes the trust. The guardian marries the woman to whoever marries his daughter to him, even if he is not a suitable match for the woman, and he refuses to marry her to a suitable match because he did not marry his daughter to him. For this reason, the Prophet (peace and blessings be upon him and his family) prohibited it.
However, if there is the known mahr that is given for such a woman, and if each of the two husbands is a suitable match for the other’s wife, and if it is with their consent, meaning the consent of the two daughters, then there is no harm in it according to many scholars, because the conditions are met in it, and there is no deficiency or harm to the two wives, neither in money nor in person. Thus, it is permissible.
As for the specific issue mentioned by the questioner, if he clarified the truth to his father, he is free from blame. However, he should persist in advising him and ask him to seek a ruling from the scholars regarding this matter so that he may be aware of the truth of his affair.
The questioner : May Allah reward you. This listener, the mother of Usamah Ibrahim, says: O honorable Shaykh.
The Shaykh : The marriage of shighar is prohibited. The Prophet (peace and blessings be upon him and his family) prohibited it. Shighar is when a man marries his ward to a person on the condition that that person marries his ward to him. He says, "I have married my daughter to you on the condition that you marry your daughter to me," or they agree upon it beforehand that he will marry his daughter to him so that the other will marry his daughter to him. This is because the Prophet (peace and blessings be upon him) prohibited it, and because this wastes the trust. The guardian marries the woman to whoever marries his daughter to him, even if he is not a suitable match for the woman, and he refuses to marry her to a suitable match because he did not marry his daughter to him. For this reason, the Prophet (peace and blessings be upon him and his family) prohibited it.
However, if there is the known mahr that is given for such a woman, and if each of the two husbands is a suitable match for the other’s wife, and if it is with their consent, meaning the consent of the two daughters, then there is no harm in it according to many scholars, because the conditions are met in it, and there is no deficiency or harm to the two wives, neither in money nor in person. Thus, it is permissible.
As for the specific issue mentioned by the questioner, if he clarified the truth to his father, he is free from blame. However, he should persist in advising him and ask him to seek a ruling from the scholars regarding this matter so that he may be aware of the truth of his affair.
The questioner : May Allah reward you. This listener, the mother of Usamah Ibrahim, says: O honorable Shaykh.