Continuation of the explanation of the author's statement: "And if he married his ward to another on the condition that the other marries his ward to him, and they did so without a mahr, then both marriages are invalid. If a mahr is specified for them, it is valid."
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The Shaykh : And if each of them is a suitable match (kafu') and every woman consents to her husband or her fiancé, then the marriage is valid. If this were said, it would combine the evidence from one angle, and it would also be free from the issue of manipulation. It would be said: This marriage is valid if the condition is that he marries his ward to him. The marriage is valid with three conditions. The first is that each of the spouses is a suitable match for whom?
The questioner : For the woman.
The Shaykh : For the woman he is marrying. The second is the consent of both wives. The third is that a mahr is specified for them that is not less than the customary mahr. If this were said, it would have a basis, and many difficulties that people used to face would be resolved, especially among the Bedouins. Now, if it is asked: What do you say about a man who married his daughter to his nephew, and then the nephew married the daughter of the man who married his daughter, without a condition? What do you say about that?
The questioner : ... .
The Shaykh : Two paternal cousins, each one married his paternal cousin's daughter without a condition. That is, his paternal uncle married him to his daughter, and that other paternal uncle married the daughter of the first paternal uncle to his daughter, without a condition. Is it valid or not valid?
The questioner : It is not valid.
Another questioner: It is valid.
The Shaykh : There is no god but Allah. A mahr for everything.
The questioner : Correct.
The Shaykh : That is, a man named Sulayman and another named 'Abd Allah. Sulayman has a son named Muhammad, and 'Abd Allah has a son named 'Abd al-Rahman. Sulayman married his daughter to 'Abd al-Rahman, his nephew, and 'Abd Allah married his daughter to Muhammad, his nephew, with a mahr and consent and everything. Is this valid or not?
The questioner : Correct.
The Shaykh : Now, even if the first one says, "This is, if Allah wills, a girl I will marry to so-and-so"?
The questioner : Even if he does.
The Shaykh : Even if he does, because this happens frequently among relatives. It is known among them that this paternal cousin's daughter is the wife of his paternal cousin, and this one is the wife of his second paternal cousin. This is not shighar, according to all opinions, because there is no condition. Now, if a man marries his daughter to a person, and then afterwards he proposes to marry the sister of that person, what do you say?
The questioner : Correct.
The Shaykh : Is it correct?
The questioner : Yes.
The Shaykh : It is valid, there is no problem. Now, this man married a person, and then afterwards he proposed to marry the daughter of that person.
The questioner : It is valid.
The Shaykh : Pay attention.
The questioner : It is valid.
The Shaykh : ... Oh people, a man married a person to his daughter, and then afterwards he proposed to marry the daughter of the person he married his daughter to, the daughter of that person. If it is not his daughter, it is valid, and if it is his daughter.
The questioner : It is not valid.
The Shaykh : Why is it not valid...? Because he is her grandfather. Yes, this might be confusing for some people at first. They say, "This is not valid, how can he marry the daughter of the man who married his daughter, when he is her grandfather?" We say, no, think about it. He might have a daughter from before, or his daughter might be from later. Yes.
The questioner : Shaykh?
The Shaykh : Yes?
The questioner : The chapter is finished.
The Shaykh : Yes?
The questioner : The chapter is finished.
The Shaykh : What?
The questioner : The chapter is finished.
The Shaykh : The chapter. No, what is left... except what?
The questioner : ... .
The Shaykh : Now. What is the relative?
The questioner : That is, the time...
The Shaykh : How?
The questioner : ... .
The Shaykh : Fine, may Allah reward you, if Allah wills.
The questioner : For the woman.
The Shaykh : For the woman he is marrying. The second is the consent of both wives. The third is that a mahr is specified for them that is not less than the customary mahr. If this were said, it would have a basis, and many difficulties that people used to face would be resolved, especially among the Bedouins. Now, if it is asked: What do you say about a man who married his daughter to his nephew, and then the nephew married the daughter of the man who married his daughter, without a condition? What do you say about that?
The questioner : ... .
The Shaykh : Two paternal cousins, each one married his paternal cousin's daughter without a condition. That is, his paternal uncle married him to his daughter, and that other paternal uncle married the daughter of the first paternal uncle to his daughter, without a condition. Is it valid or not valid?
The questioner : It is not valid.
Another questioner: It is valid.
The Shaykh : There is no god but Allah. A mahr for everything.
The questioner : Correct.
The Shaykh : That is, a man named Sulayman and another named 'Abd Allah. Sulayman has a son named Muhammad, and 'Abd Allah has a son named 'Abd al-Rahman. Sulayman married his daughter to 'Abd al-Rahman, his nephew, and 'Abd Allah married his daughter to Muhammad, his nephew, with a mahr and consent and everything. Is this valid or not?
The questioner : Correct.
The Shaykh : Now, even if the first one says, "This is, if Allah wills, a girl I will marry to so-and-so"?
The questioner : Even if he does.
The Shaykh : Even if he does, because this happens frequently among relatives. It is known among them that this paternal cousin's daughter is the wife of his paternal cousin, and this one is the wife of his second paternal cousin. This is not shighar, according to all opinions, because there is no condition. Now, if a man marries his daughter to a person, and then afterwards he proposes to marry the sister of that person, what do you say?
The questioner : Correct.
The Shaykh : Is it correct?
The questioner : Yes.
The Shaykh : It is valid, there is no problem. Now, this man married a person, and then afterwards he proposed to marry the daughter of that person.
The questioner : It is valid.
The Shaykh : Pay attention.
The questioner : It is valid.
The Shaykh : ... Oh people, a man married a person to his daughter, and then afterwards he proposed to marry the daughter of the person he married his daughter to, the daughter of that person. If it is not his daughter, it is valid, and if it is his daughter.
The questioner : It is not valid.
The Shaykh : Why is it not valid...? Because he is her grandfather. Yes, this might be confusing for some people at first. They say, "This is not valid, how can he marry the daughter of the man who married his daughter, when he is her grandfather?" We say, no, think about it. He might have a daughter from before, or his daughter might be from later. Yes.
The questioner : Shaykh?
The Shaykh : Yes?
The questioner : The chapter is finished.
The Shaykh : Yes?
The questioner : The chapter is finished.
The Shaykh : What?
The questioner : The chapter is finished.
The Shaykh : The chapter. No, what is left... except what?
The questioner : ... .
The Shaykh : Now. What is the relative?
The questioner : That is, the time...
The Shaykh : How?
The questioner : ... .
The Shaykh : Fine, may Allah reward you, if Allah wills.