Thus, the same applies to divorce. For this reason, it is permissible for him to retain the second of the two sisters, and the fifth wife upon whom the contract was most recently concluded.

1175 - Issue: He said: "If he marries his ward to a man, on the condition that the other marries him his ward, there is no marriage between them, even if they also specify a dowry along with that."

This marriage is called al-shighar. It has been said that it was only called shighar due to its repulsiveness, likening it to a dog raising its leg to urinate in terms of repulsiveness. It is said: "shaghara al-kalb" when it raises its leg to urinate. It was narrated from al-Asma'i that he said: "Al-shighar is the lifting [of the leg]." It is as if each of them raised his leg to the other away from what he desires. There is no disagreement in the report from Ahmad that the marriage of shighar is invalid (fasid). A group narrated this from him. Ahmad said: It is reported from Umar and Zayd [ibn Thabit] that they invalidated it. This is the view of Malik, al-Shafi'i, and Ishaq. It was reported from 'Ata', 'Amr ibn Dinar, Makhul, al-Zuhri, and al-Thawri that it is valid, but the stipulation [of the dowry] is void, and the dowry of a peer becomes due; because the invalidity stemming from the dowry does not necessitate the invalidity of the contract, just as if one were to marry on the basis of [giving] wine or a pig, and this is similar to that. Our evidence is what Ibn 'Umar narrated, that the Messenger of Allah (peace and blessings of Allah be upon him) forbade al-shighar. This is agreed upon. Abu Hurayrah narrated the like of it, and Muslim recorded it. Al-Athram narrated with an isnad from 'Imran ibn Husayn that the Messenger of Allah (peace and blessings of Allah be upon him) said: "There is no..."