Abu Dawud

Benefits and Issues:
➊ In the phrase (wa kana ja‘ala sadaqan), the first object (maf‘ul awwal) of (ja‘ala) is omitted, as is made explicit in the wording of this same narration in Mawarid al-Zhaman ila Zawa’id Ibn Hibban: (wa qad kana ja‘alahu sadaqan) (Mawarid al-Zhaman, Bab ma ja’a fi al-shi‘ar, Hadith: 1268). From this, it becomes clear that the reason for the ruling of separation by Mu‘awiyah radi Allahu anhu was making the condition of exchange itself the bridal gift (mahr), not the mere exchange of two sisters or two daughters despite having fixed a bridal gift.

➋ There is consensus among all scholars on the prohibition of nikah shighar (exchange marriage). If someone performs it, al-Shafi‘i rahimahullah considers it invalid (batil). The same is narrated from Ahmad, Ishaq, and Abu ‘Ubayd rahimahumullah. Imam Malik rahimahullah says that it should be annulled (fasakh), whether consummation (dukhul) has taken place or not, although he also has an opinion that it should be annulled before consummation, not after. According to a group of scholars, it becomes valid by paying a bridal gift equivalent to the customary amount (mahr mithl). This is also the school of Imam Abu Hanifah rahimahullah, and it is similarly narrated from ‘Ata’, al-Zuhri, and al-Layth rahimahumullah. One narration from Ahmad and Ishaq rahimahumullah is also to this effect.