The Form of Shighar Marriage and Its Ruling
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Our brother (S. S. al-Khath'ami) from Abha sent a somewhat lengthy message in which he says: I went to marry one of the members of my community. I had previously married several times and have sons and daughters, but the women passed away. So I went and proposed to this man from the community, and he said: I will not marry you my daughter unless you marry your eldest son to my daughter. I agreed, and the marriage took place. Each of them had a specific mahr (bridal gift) that was not equal, and with the consent of both his daughter and my daughter, the marriage was consummated. After five months had passed since my daughter's marriage, she died. My question now is: What is the ruling on this marriage? Is it shighar? And if it is shighar, did the shighar end with my daughter's death or not? I ask for guidance in these matters. May Allah reward you with good.
The Shaykh: Yes. This marriage is shighar; because it is established from the Messenger of Allah (peace and blessings be upon him) from a group of his Companions (may Allah be pleased with them) from Ibn 'Umar, Abu Hurayrah, Jabir, and Mu'awiyah, that he (peace and blessings be upon him) forbade shighar. And shighar is like what the Prophet (peace and blessings be upon him) said: This is shighar.
What you mentioned in the question is shighar. Since the woman has died, your children are attributed to you, and they are your children due to the suspicion of the marriage. You must repent to Allah and feel remorse for what happened on your part. Likewise, your companion must repent to Allah. And your companion, whose wife is still alive, must renew the marriage; he must renew the contract because the first contract is defective. The children are attributed to their fathers due to the suspicion. He must repent just as you must repent. He must renew the contract after learning the ruling of the Shari'ah, renewing it without the condition of another woman. He should renew it with two witnesses, even if you do not reach the court, or by marrying in the house or in the presence of two witnesses, as you see fit. And praise be to Allah. Yes.
The presenter: May Allah reward you.
The Shaykh: Yes. This marriage is shighar; because it is established from the Messenger of Allah (peace and blessings be upon him) from a group of his Companions (may Allah be pleased with them) from Ibn 'Umar, Abu Hurayrah, Jabir, and Mu'awiyah, that he (peace and blessings be upon him) forbade shighar. And shighar is like what the Prophet (peace and blessings be upon him) said:
That a man says to a man: Marry me your daughter and I will marry you my daughter, or marry me your sister and I will marry you my sister.
أن يقول الرجل للرجل: زوجني ابنتك وأزوجك بنتي، أو زوجني أختك وأزوجك أختيWhat you mentioned in the question is shighar. Since the woman has died, your children are attributed to you, and they are your children due to the suspicion of the marriage. You must repent to Allah and feel remorse for what happened on your part. Likewise, your companion must repent to Allah. And your companion, whose wife is still alive, must renew the marriage; he must renew the contract because the first contract is defective. The children are attributed to their fathers due to the suspicion. He must repent just as you must repent. He must renew the contract after learning the ruling of the Shari'ah, renewing it without the condition of another woman. He should renew it with two witnesses, even if you do not reach the court, or by marrying in the house or in the presence of two witnesses, as you see fit. And praise be to Allah. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.