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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Marriage by Shighar is an exchange, and it is invalid

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The following message was received by the program from the Yemen Arab Republic, sent by one of the brothers there who indicated his name by the letters (K. D. 'A. D). Our brother raises the issue of shighar again, Your Eminence, and says: What is the ruling if a man proposes to his brother's daughter, but that brother conditions upon him in return that he marry him to his daughter or his ward? What is the ruling of that, Your Eminence?
Answer: Shighar is forbidden, and some people call it: marriage by exchange. The Prophet (peace and blessings be upon him) clarified it in what Muslim narrated in the Sahih from Abu Hurayrah (may Allah be pleased with him) from the Prophet (peace and blessings be upon him):
That he prohibited shighar, and said: 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 sisterأنه نهى عن الشغار، وقال: الشغار أن يقول الرجل: زوجني ابنتك وأزوجك ابنتي، أو زوجني أختك وأزوجك أختي
This is shighar, and it is marriage by exchange, and it is conditioning a contract within a contract, .... conditioning a marriage within a marriage. It is absolutely invalid in the most correct of the opinions of the scholars, even if they condition a mahr, and even if the mahr is equivalent for each one, as long as the condition exists that he marries him and he marries him, the marriage is invalid and defective, not valid in the most correct of the opinions of the scholars.
And some of the scholars held that if there is a sufficient mahr and there is no stratagem, the marriage is valid; but this is a weak opinion and contrary to the authentic hadiths. And the two Shaykhs narrated from Ibn 'Umar (may Allah be pleased with them both) from the Prophet (peace and blessings be upon him):
That he prohibited shigharأنه نهى عن الشغار
.
And likewise, Muslim narrated from Jabir that the Prophet (peace and blessings be upon him):
He forbade shigharنهى عن الشغار
And Ahmad and Abu Dawud narrated with a sound chain from Mu'awiyah (may Allah be pleased with him) from the Prophet (peace and blessings be upon him):
That he prohibited shigharأنه نهى عن الشغار
And Mu'awiyah ruled with that in the case of two men who married by shighar and had named a mahr:
So he wrote to the governor of the city and ordered him to separate between them, and said: This is the shighar that the Prophet (peace and blessings be upon him) prohibitedفكتب إلى أمير المدينة وأمره أن يفرق بينهما، وقال: هذا هو الشغار الذي نهى عنه النبي ﷺ
even though they had named a mahr.
So that indicates that what the Commander of the Faithful, Mu'awiyah (may Allah be pleased with him) ruled with is the truth, and it is the requirement of the hadiths; and because the 'illah for which shighar was prohibited exists even if the mahr is named; because this shighar is a means to the oppression of women and transgressing against them, and forcing them to marry someone they do not approve of for the benefit of the guardians and the children of the guardians.
So the correct position, which we issue fatwas with and believe to be the truth, is that the contract of shighar is absolutely invalid, even if an equivalent mahr is named in it. And it is obligatory upon the one who did it to renew the marriage. And if the woman does not want him, it is obligatory upon him to separate from her with one divorce. And as for if she wants him and the other one wants her husband, there is no harm in renewing the marriage with a Shari'ah contract and a Shari'ah mahr in which the other woman is not conditioned in both contracts. He should avoid her and stay away from her until he renews the marriage in the presence of two witnesses, with a guardian and a new mahr, if she desires it and he desires her. But if she does not desire it, he divorces her with one divorce, in obedience to Allah and His Messenger (peace and blessings be upon him), and out of fear of what the Messenger (peace and blessings be upon him) prohibited. Yes.
The presenter: May Allah reward you.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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