Marriage by Shighar: Its Ruling and How to Rectify It If It Occurs
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The brother Sa'id Muhammad Zayd al-Yamani says in his question: I married my uncle's daughter, and he married me to my sister's daughter, without me giving him anything and him giving me anything. Is this permissible? Please inform us. May Allah reward you with good.
Answer: If this was by mutual agreement and condition between you two, then this is the marriage of shighar, which the Prophet (peace and blessings be upon him) forbade. It is called by some people the marriage of exchange. This is not permissible. However, if you proposed to him and he married you, and he proposed to you and married her, without any condition or agreement that you marry her and he marries you, then there is no harm. Each woman is entitled to the equivalent mahr, or whatever amount of money she is satisfied with, even if it is small.
As for the condition and agreement that you marry her and he marries you without anything, this is the condemned marriage of shighar, and the marriage is defective. You both must renew the marriage if you have a desire for the two women. Each one renews the marriage without the condition of the other woman. You renew it, and he renews it without the condition of the second woman, with a new mahr and with the woman's consent. As for the one whose wife does not consent to him, he must divorce her with one divorce, because the marriage is invalid and cannot be rectified. He divorces her with one divorce, and then if Allah guides him afterward, he may marry her with a new marriage.
The point is that this marriage has details: If it was by mere mutual consent without agreement or condition, then there is no harm, and you both must give the two women their mahr, unless they permit you to waive it—the equivalent mahr—unless they waive it for you, or each one satisfies his wife with whatever is easy. However, if it was by agreement that you marry her and he marries you, or by condition between you two, then this is the condemned shighar, so the marriage is defective and not valid. Each of you, if he has a desire for his wife and she desires him, must renew the marriage through the guardian and two just witnesses, and there is no need for divorce; he just renews the marriage without the condition of the other woman, and there is no harm. As for the one whose wife does not desire him or he does not desire her, he divorces her with only one divorce. He is not forced to keep her if she does not desire him; he divorces her with one divorce, and if she completes her waiting period, he may marry her afterward.
Yes, if he has had intercourse with her, if he has entered her or had intercourse with her, the waiting period is necessary. However, if you two have not entered them, then the divorce is sufficient at that time, and there is no need for a waiting period.
Answer: If this was by mutual agreement and condition between you two, then this is the marriage of shighar, which the Prophet (peace and blessings be upon him) forbade. It is called by some people the marriage of exchange. This is not permissible. However, if you proposed to him and he married you, and he proposed to you and married her, without any condition or agreement that you marry her and he marries you, then there is no harm. Each woman is entitled to the equivalent mahr, or whatever amount of money she is satisfied with, even if it is small.
As for the condition and agreement that you marry her and he marries you without anything, this is the condemned marriage of shighar, and the marriage is defective. You both must renew the marriage if you have a desire for the two women. Each one renews the marriage without the condition of the other woman. You renew it, and he renews it without the condition of the second woman, with a new mahr and with the woman's consent. As for the one whose wife does not consent to him, he must divorce her with one divorce, because the marriage is invalid and cannot be rectified. He divorces her with one divorce, and then if Allah guides him afterward, he may marry her with a new marriage.
The point is that this marriage has details: If it was by mere mutual consent without agreement or condition, then there is no harm, and you both must give the two women their mahr, unless they permit you to waive it—the equivalent mahr—unless they waive it for you, or each one satisfies his wife with whatever is easy. However, if it was by agreement that you marry her and he marries you, or by condition between you two, then this is the condemned shighar, so the marriage is defective and not valid. Each of you, if he has a desire for his wife and she desires him, must renew the marriage through the guardian and two just witnesses, and there is no need for divorce; he just renews the marriage without the condition of the other woman, and there is no harm. As for the one whose wife does not desire him or he does not desire her, he divorces her with only one divorce. He is not forced to keep her if she does not desire him; he divorces her with one divorce, and if she completes her waiting period, he may marry her afterward.
Yes, if he has had intercourse with her, if he has entered her or had intercourse with her, the waiting period is necessary. However, if you two have not entered them, then the divorce is sufficient at that time, and there is no need for a waiting period.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.