Benefits of the Hadith: (The Messenger of Allah (peace and blessings be upon him) forbade shighar).
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The Shaykh : He says: "From Nafi' from Ibn 'Umar (may Allah be pleased with them both), he said: Sunan Ibn Majah 1884Sahih (Darussalam)"
It is derived from this hadith: the prohibition of shighar marriage, and its evidence is the prohibition, for the original ruling of a prohibition is prohibition, because Allah says:[An-Nisa 4:59] and He says: [Al-Anfal 8:24] and there are many verses in this meaning.
And among the benefits of the hadith: if a shighar marriage contract is concluded, it is not valid. Why? Because it is prohibited. And if we were to validate what is prohibited, that would be a contradiction of Allah and His Messenger, for what Allah and His Messenger have prohibited is intended to be what? It is intended to be avoided and eliminated. So if we validate it, that is an establishment of it and a preservation of it. And for the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1718b and what is prohibited is not in accordance with the command of Allah and His Messenger; rather, the command of Allah and His Messenger is to leave it and avoid it, so it becomes invalid and rejected.
And among the benefits of the hadith: the care of the Shari'ah for the woman to protect her rights so that she does not become a plaything in the hands of men. For if shighar were permissible, men would play with women, and a person would make his wards, over whom Allah has appointed him as guardian, a plaything by which he acquires sexual intercourse and marries whatever women he wishes. Its indication is: the prohibition of shighar.
And among the benefits of the hadith: the Shari'ah blocks all doors of what necessitates dispute, because marriage is one of the causes of dispute.
The student: Shighar.
The Shaykh : My intention is yes, because shighar marriage is one of the causes of dispute. For if the contract is concluded as shighar and the relationship between one of the two wives and her husband deteriorates, this husband would try to ruin the other woman for her husband, and there would result from that dispute and discord what is well known.
These are the apparent benefits of the hadith, and perhaps upon reflection you will find other benefits. All right.
The Messenger of Allah forbade Shighar.
نهى رسول الله صلى الله عليه وسلم عن الشغارIt is derived from this hadith: the prohibition of shighar marriage, and its evidence is the prohibition, for the original ruling of a prohibition is prohibition, because Allah says:
O you who have believed, obey Allah and obey the Messenger
يا أيها الذين آمنوا أطيعوا الله وأطيعوا الرسولO you who have believed, respond to Allah and to the Messenger when he calls you to that which gives you life. And know that Allah intervenes between a man and his heart
يا أيها الذين آمنوا استجيبوا لله وللرسول إذا دعاكم لما يحييكم واعلموا أن الله يحول بين المرء وقلبهAnd among the benefits of the hadith: if a shighar marriage contract is concluded, it is not valid. Why? Because it is prohibited. And if we were to validate what is prohibited, that would be a contradiction of Allah and His Messenger, for what Allah and His Messenger have prohibited is intended to be what? It is intended to be avoided and eliminated. So if we validate it, that is an establishment of it and a preservation of it. And for the saying of the Prophet (peace and blessings be upon him):
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملا ليس عليه أمرنا فهو ردAnd among the benefits of the hadith: the care of the Shari'ah for the woman to protect her rights so that she does not become a plaything in the hands of men. For if shighar were permissible, men would play with women, and a person would make his wards, over whom Allah has appointed him as guardian, a plaything by which he acquires sexual intercourse and marries whatever women he wishes. Its indication is: the prohibition of shighar.
And among the benefits of the hadith: the Shari'ah blocks all doors of what necessitates dispute, because marriage is one of the causes of dispute.
The student: Shighar.
The Shaykh : My intention is yes, because shighar marriage is one of the causes of dispute. For if the contract is concluded as shighar and the relationship between one of the two wives and her husband deteriorates, this husband would try to ruin the other woman for her husband, and there would result from that dispute and discord what is well known.
These are the apparent benefits of the hadith, and perhaps upon reflection you will find other benefits. All right.