Ruling on brothers agreeing to marry their children to each other, with each one marrying the other’s daughter
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Question: If brothers agree to marry their children to each other, with each one marrying the other’s daughter, without a mahr, does this fall under shighar?
Answer: This is not shighar, if it is not a condition. Rather, this one proposed to this one, and this one proposed to this one, and the fathers of the children and the women agreed to it without any condition, so there is no harm in that.
However, the mahr is obligatory; each woman is entitled to the mahr of her like, even if it is not specified. The mahr is obligatory because Allah (Mighty and Majestic) said: [al-Baqarah:236] So the nikah is valid. Then He said after that: , and in the authentic hadith, the Prophet (peace and blessings be upon him)
Answer: This is not shighar, if it is not a condition. Rather, this one proposed to this one, and this one proposed to this one, and the fathers of the children and the women agreed to it without any condition, so there is no harm in that.
However, the mahr is obligatory; each woman is entitled to the mahr of her like, even if it is not specified. The mahr is obligatory because Allah (Mighty and Majestic) said:
There is no blame upon you if you divorce women you have not touched nor specified for them an obligation
لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاء مَا لَمْ تَمَسُّوهُنُّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةًAnd give them their gifts
وَمَتِّعُوهُنَّHe was asked about the woman for whom no mahr is assigned, and he said: She is entitled to the mahr of her women; no excess, no deficiency
سئل عن المرأة التي لا يفرض لها، قال: لها مهر نسائها؛ لا وكس، ولا شطط
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
