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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on one who marries off his daughter to a man on the condition that he marries his sister to him?

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Question:
The first message in this episode is from our brother, listener Muhammad ibn Ali Hamdan Tihami. He has a number of questions, one of which says:
I have a daughter, and a man asked me to marry her to him. I made it a condition that he marry me to his sister. So he married me to her, and I married her to my daughter. What is the ruling on that?

Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance. As for what follows:
This situation described by the questioner is called *nikah al-shighar*. It is established from the Messenger of Allah (peace and blessings be upon him) in several hadiths that this is prohibited. Therefore, it is a defective marriage absolutely, whether a mahr is named or not. It is obligatory to annul it. If each one desires the woman, he renews the marriage, and there is no need for divorce. Each one renews the marriage with a mahr, two witnesses, and a guardian. There is no blame in that, along with repentance and seeking forgiveness for what has passed. The children are attributed to their fathers because the marriage was a marriage of doubt, so his children are attributed to him. However, he must renew the marriage if she desires him and he desires her. He renews the marriage with a new mahr and two just witnesses if the woman agrees to that. With that, the situation is resolved, but on the condition that the other woman is not made a condition. That is, he does not make the other woman a condition. He marries her without the condition of marrying the other. Each one marries with the woman's consent without the condition of the other woman. And this becomes a new marriage with its complete conditions, with her consent and the guardian. But he does not make it a condition that she exits the waiting period. Rather, he marries her immediately, because the water is his. He marries her immediately, and there is no need for a waiting period. If she does not want him, he divorces her with one pronouncement. One pronouncement is sufficient to end this defective marriage.
And upon everyone is repentance to Allah (Glorified and Exalted is He), upon the men, the women, and the guardians. Upon them all is repentance to Allah, because they engaged in a matter that the Prophet (peace and blessings be upon him) prohibited. 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.

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