14 - Chapter on al-Shighār (exchange marriage)

2074 - Al-Qaʿnabī narrated to us, from Mālik (ḥ).
And Musaddad ibn Musarhad narrated to us, Yaḥyā narrated to us, from ʿUbayd Allāh — both of them from Nāfiʿ, from Ibn ʿUmar: that the Messenger of Allah, may Allah bless him and grant him peace, forbade al-Shighār. Musaddad added in his narration: I said to Nāfiʿ: What is al-Shighār? He said: A man marries the daughter of another man, and the other man marries his daughter to him, without a dowry; and a man marries the sister of another man, and the other man marries his sister to him, without a dowry.

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Al-Khaṭṭābī said: The prohibition of temporary marriage (mutʿah) is as a consensus among the Muslims. It had been permissible in the early days of Islam, then he prohibited it during the Farewell Pilgrimage (the correct [view] is: during the Conquest of Mecca), and that was in the last days of the Messenger of Allah, may Allah bless him and grant him peace. Thus today there remains no disagreement among the imams concerning it, except a view held by some of the Rāfiḍah. Ibn ʿAbbās had interpreted it as permissible for one who is compelled to it by prolonged bachelorhood and scarcity of means and wealth, then he desisted from that and refrained from issuing a fatwa on it... Al-Khaṭṭābī said: Ibn ʿAbbās only followed in this the method of analogical reasoning (qiyās), likening it to one compelled to eat [forbidden] food, and this analogy is not sound, because necessity in this matter is not realized as it is in the matter of food, upon which the preservation of life depends and without which destruction occurs. Rather, this is a matter of overwhelming desire, and resisting it is possible, and its source can be cut off by fasting and treatment. Thus one is not, in the ruling of necessity, like the other.

(1) Its chain of transmission is sound. Al-Qaʿnabī: he is ʿAbd Allāh ibn Maslamah. Yaḥyā: he is Ibn Saʿīd al-Qaṭṭān. ʿUbayd Allāh: he is Ibn ʿUmar. And Nāfiʿ: he is the freed slave of Ibn ʿUmar.
It is found with Mālik in "al-Muwaṭṭaʾ" 2/535, and from his path it was transmitted by al-Bukhārī (5112), Muslim (1415), Ibn Mājah (1883), al-Tirmidhī (1152), and al-Nasāʾī in "al-Kubrā" (5473). Al-Tirmidhī said: ḥasan ṣaḥīḥ.
It was also transmitted by al-Bukhārī (6960), Muslim (1415), and al-Nasāʾī in "al-Kubrā" (5470) through other paths from Nāfiʿ, from him. The wording of one of Muslim's narrations is: "There is no shighār in Islam."
It is in "Musnad Aḥmad" (4526) and "Ṣaḥīḥ Ibn Ḥibbān" (4152).
Al-Nawawī said: Al-Shighār — with a kasrah on the shīn and a ghayn — its origin in the language is "raising." It is said: shaghara al-kalb (the dog shaghara) when it raises its leg to urinate, as if he said: "Do not raise the leg of my daughter until I raise the leg of your daughter." And it was said: =