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سنن دارمي
Darimi
من كتاب النكاحFrom the Book of Marriage
باب في النَّهْيِ عَنِ الشِّغَارِ:Chapter: Prohibition of Shighar Marriage
Hadith 2217
اُردوEn
حَدَّثَنَا خَالِدُ بْنُ مَخْلَدٍ، حَدَّثَنَا مَالِكٌ، عَنْ نَافِع، عَنِ ابْنِ عُمَرَ، قَالَ: "نَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنِ الشِّغَارِ" . قَالَ مَالِكٌ: وَالشِّغَارُ: أَنْ يُزَوِّجَ الرَّجُلُ الْآخَرَ ابْنَتَهُ، عَلَى أَنْ يُزَوِّجَهُ الْآخَرُ ابْنَتَهُ بِغَيْرِ صَدَاقٍ، قِيلَ لِأَبِي مُحَمَّدٍ: تَرَى بَيْنَهُمَا نِكَاحًا ؟ . قَالَ: لَا يُعْجِبُنِي.
Sayyiduna Ibn Umar (may Allah be pleased with them both) said: The Messenger of Allah (peace and blessings be upon him) forbade shighar. Imam Malik (may Allah have mercy on him) said: And shighar is that a person marries off his daughter or sister on the condition that the other person also marries off his daughter or sister to him without a dowry. Imam Darimi (may Allah have mercy on him) was asked: Will such a marriage be valid? He replied: I do not like it.
Brief Explanation
(Commentary on Hadith 2216)
The definition of shighar has already been mentioned above from Imam Malik rahimahullah: it is a marriage of exchange without a dowry (mahr), such that I marry your sister or daughter on the condition that you also marry your sister or daughter to me without a dowry. Such a marriage is unanimously forbidden by the scholars. However, there is a difference of opinion as to whether the marriage contract itself is valid or not.
The majority of scholars declare it invalid (batil).
Imam Abu Hanifah rahimahullah said: The marriage will be valid, and each party will be required to pay the customary dowry (mahr mithl).
(Wahidi).
The definition of shighar has already been mentioned above from Imam Malik rahimahullah: it is a marriage of exchange without a dowry (mahr), such that I marry your sister or daughter on the condition that you also marry your sister or daughter to me without a dowry. Such a marriage is unanimously forbidden by the scholars. However, there is a difference of opinion as to whether the marriage contract itself is valid or not.
The majority of scholars declare it invalid (batil).
Imam Abu Hanifah rahimahullah said: The marriage will be valid, and each party will be required to pay the customary dowry (mahr mithl).
(Wahidi).
