Continuation of the explanation of the hadith: (Ibn 'Umar (may Allah be pleased with him and his father) said: The Messenger of Allah (peace and blessings be upon him) forbade shighar, and shighar is...)
Machine translationRead the Arabic original
The Shaykh : A third condition is also necessary, which is that each of them must be a suitable match (kufu') for the woman. If he is not a suitable match, it is not valid. If these conditions are met, then the marriage is valid. However, someone might raise an objection and say: If these conditions are gathered, they do not prevent the guardian from betraying his guardianship, because he will get a wife. What is the answer to this? The answer to this is that we say: Even if he betrays, since we have made the consent of the wife a condition, she will not consent except to the one she wants.
If someone says: And if we go beyond this, the second harm is raised against us, which is that if the marital relationship becomes bad, if the marital relationship becomes bad with one of the two wives, then her husband will ruin the other man's wife for him. What is the answer to this? In reality, there is no answer to this except that someone might say: The answer to this is that the original state is...
The student: The absence of that.
The Shaykh : The absence of that; the original state is the absence of that. But we cannot say: The original state is the absence of that, while we have used it as the reason for the prohibition. Because if we say: The original state is the absence of that, it invalidates it being a reason for the prohibition, and there becomes a contradiction. For this reason, some scholars held that the marriage of shighar is not valid absolutely, even with the consent of the two wives, even if each of them is a suitable match for her, even if they name a mahr that reaches the mahr of the like, to block the door. And this opinion is sound for two reasons:
The first reason: What is established in Sahih Muslim from the Messenger of Allah (peace and blessings be upon him) that he said:Sunan Ibn Majah 1885Sahih (Darussalam) And this is general.
The second: That in our time, we must be cautious about opening the door, because if you open the door, they might name a mahr and say: I have married you my daughter for ten thousand riyals on the condition that you marry me your daughter for ten thousand riyals. Then when the contract is completed, he says: I am the father, and I have the right to take from my daughter's money whatever I want, and you see that he has waived the mahr. And the other also says: I have waived the mahr. And the result is that there is no mahr. The result is that there is no mahr. Therefore, I see that the door should be blocked in this time, and that shighar is not valid absolutely. Even though the school of thought follows what we explained first, based on the hadith, and that it is from their saying "shaghhab al-makan" when it becomes empty, and as is the explanation of Ibn 'Umar (may Allah be pleased with him and his father) or Nafi'. But considering the corruption of the time or the corruption of the people of the time, I see that the door should be blocked absolutely. But here are issues that have occurred, especially among the Bedouins, meaning that a marriage of exchange has occurred, which they call among the Bedouins "marriage of the land," but it occurred with the consent of both parties, with a mahr, and with the known conditions. Do we issue a ruling of prohibition based on our choice considering the corruption of the people of the time, or do we say: This is a matter that has taken place, and as long as it follows the opinion of some scholars, yes, rather, based on what this hadith of Ibn 'Umar requires, we let it proceed. We see that what has occurred and the people have finished with, and there was a mahr in it, it proceeds, and we do not separate the two men and their two wives, and we do not say: Your children are not legitimate children? No, we say: You are now in your marriage, as long as consent has occurred, and each one is a suitable match for the other, and the mahr has occurred, then the marriage is valid. But we prevent starting anew, and by doing so, we apply the well-known rule among scholars: "Continuation is stronger than initiation". Continuation is stronger than initiation, and it has branches, one of which is that perfume for the one in ihram is prohibited initially but not prohibited in continuation. For this reason, Aisha (may Allah be pleased with her) said:Sahih al-Bukhari 1537, 1538. Yes?
The questioner : A man has two daughters and the other has two sons, then he said: Marry my sons to these two daughters.
The Shaykh : How?
If someone says: And if we go beyond this, the second harm is raised against us, which is that if the marital relationship becomes bad, if the marital relationship becomes bad with one of the two wives, then her husband will ruin the other man's wife for him. What is the answer to this? In reality, there is no answer to this except that someone might say: The answer to this is that the original state is...
The student: The absence of that.
The Shaykh : The absence of that; the original state is the absence of that. But we cannot say: The original state is the absence of that, while we have used it as the reason for the prohibition. Because if we say: The original state is the absence of that, it invalidates it being a reason for the prohibition, and there becomes a contradiction. For this reason, some scholars held that the marriage of shighar is not valid absolutely, even with the consent of the two wives, even if each of them is a suitable match for her, even if they name a mahr that reaches the mahr of the like, to block the door. And this opinion is sound for two reasons:
The first reason: What is established in Sahih Muslim from the Messenger of Allah (peace and blessings be upon him) that he said:
There is no Shighar in Islam.
لا شغار في الإسلامThe second: That in our time, we must be cautious about opening the door, because if you open the door, they might name a mahr and say: I have married you my daughter for ten thousand riyals on the condition that you marry me your daughter for ten thousand riyals. Then when the contract is completed, he says: I am the father, and I have the right to take from my daughter's money whatever I want, and you see that he has waived the mahr. And the other also says: I have waived the mahr. And the result is that there is no mahr. The result is that there is no mahr. Therefore, I see that the door should be blocked in this time, and that shighar is not valid absolutely. Even though the school of thought follows what we explained first, based on the hadith, and that it is from their saying "shaghhab al-makan" when it becomes empty, and as is the explanation of Ibn 'Umar (may Allah be pleased with him and his father) or Nafi'. But considering the corruption of the time or the corruption of the people of the time, I see that the door should be blocked absolutely. But here are issues that have occurred, especially among the Bedouins, meaning that a marriage of exchange has occurred, which they call among the Bedouins "marriage of the land," but it occurred with the consent of both parties, with a mahr, and with the known conditions. Do we issue a ruling of prohibition based on our choice considering the corruption of the people of the time, or do we say: This is a matter that has taken place, and as long as it follows the opinion of some scholars, yes, rather, based on what this hadith of Ibn 'Umar requires, we let it proceed. We see that what has occurred and the people have finished with, and there was a mahr in it, it proceeds, and we do not separate the two men and their two wives, and we do not say: Your children are not legitimate children? No, we say: You are now in your marriage, as long as consent has occurred, and each one is a suitable match for the other, and the mahr has occurred, then the marriage is valid. But we prevent starting anew, and by doing so, we apply the well-known rule among scholars: "Continuation is stronger than initiation". Continuation is stronger than initiation, and it has branches, one of which is that perfume for the one in ihram is prohibited initially but not prohibited in continuation. For this reason, Aisha (may Allah be pleased with her) said:
As if I were now observing the glitter of the scent in the parting of the hair of the Prophet (ﷺ) while he was Muhrim?
كنت أنظر إلى وبيص الطيب في مفارق رسول الله صلى الله عليه وسلم وهو محرمThe questioner : A man has two daughters and the other has two sons, then he said: Marry my sons to these two daughters.
The Shaykh : How?