The Reality of Shighar Marriage and How to Rectify It for Those Who Have Entered Into It
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The first message in this episode is from one of our brother listeners. The listener, Khalifa al-Sa'id from Syria, says: I am a Muslim man. I agreed with another Muslim man, whose wife is my sister, and he married me to his daughter. His daughter bore me nine children. I love her because she is a woman of religion and good character. Is my marriage valid? If it is not valid, what should I do? May Allah reward you with good.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions.
As for what follows: This marriage requires detailed explanation. If you stipulated with him and he stipulated with you this marriage, this is called shighar marriage. The Prophet (peace and blessings be upon him) prohibited it in authentic hadiths. Shighar is when a man says: "Marry me to your daughter, and I will marry you to my daughter," or "Marry me to your sister, and I will marry you to my sister or my daughter," or says something similar, such as his brother's daughter or the like. This is called shighar, and some people call it "exchange marriage." If you married your sister to him and he married his daughter to you based on a stipulation between you, this is called shighar marriage. You both must renew the contract. If each one desires his wife and she desires him, the marriage is renewed with a new mahr and two witnesses. You say: "I have married you," and he says: "I have married you." You say: "I have married you to my sister," with a new mahr, even if it is small, in the presence of two just witnesses, if she is willing. He does the same if your daughter desires him. He says: "I have married you," and she says: "I accept," even with a small mahr, such as one hundred or two hundred riyals or more, in the presence of two witnesses. The matter is then concluded, and praise be to Allah. What has passed is forgiven due to ignorance. Your children are yours. Your children and his children, each one's children follow him due to ignorance. Allah forgives what has passed due to ignorance, Glorified and Exalted is He, as He said in His Noble Book: [al-Baqarah:286] .
However, if you did not stipulate, but rather he proposed to you and you proposed to him, then the marriage is valid and there is no harm. He proposed to your sister and you proposed to his daughter without any stipulation, so the marriage is valid and there is no harm on you both, and praise be to Allah. Yes.
The presenter: May Allah reward you with good.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions.
As for what follows: This marriage requires detailed explanation. If you stipulated with him and he stipulated with you this marriage, this is called shighar marriage. The Prophet (peace and blessings be upon him) prohibited it in authentic hadiths. Shighar is when a man says: "Marry me to your daughter, and I will marry you to my daughter," or "Marry me to your sister, and I will marry you to my sister or my daughter," or says something similar, such as his brother's daughter or the like. This is called shighar, and some people call it "exchange marriage." If you married your sister to him and he married his daughter to you based on a stipulation between you, this is called shighar marriage. You both must renew the contract. If each one desires his wife and she desires him, the marriage is renewed with a new mahr and two witnesses. You say: "I have married you," and he says: "I have married you." You say: "I have married you to my sister," with a new mahr, even if it is small, in the presence of two just witnesses, if she is willing. He does the same if your daughter desires him. He says: "I have married you," and she says: "I accept," even with a small mahr, such as one hundred or two hundred riyals or more, in the presence of two witnesses. The matter is then concluded, and praise be to Allah. What has passed is forgiven due to ignorance. Your children are yours. Your children and his children, each one's children follow him due to ignorance. Allah forgives what has passed due to ignorance, Glorified and Exalted is He, as He said in His Noble Book:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاSo Allah said: I have done it
فقال الله: قد فعلتHowever, if you did not stipulate, but rather he proposed to you and you proposed to him, then the marriage is valid and there is no harm. He proposed to your sister and you proposed to his daughter without any stipulation, so the marriage is valid and there is no harm on you both, and praise be to Allah. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.