A man married to a woman for a long time, with sons and daughters from her, then it became clear to him that his wife is his sister through breastfeeding, but he did not leave her and refused on the grounds of the length of time with her
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The questioner : The last question says: There is a man who married a woman, and after they had lived together for a long time and were blessed with sons and daughters, it became clear that she is his sister through breastfeeding. But he did not leave her and refused, saying, "After this long life and this long companionship, should I leave her? That is absolutely impossible." What is the ruling regarding this, and regarding his wife who is his sister through breastfeeding?
The Shaykh : After it became clear that she is his sister through breastfeeding, it became clear that the marriage is invalid.
The questioner : Yes.
The Shaykh : And the woman is not lawful for him in any way. As for his children who were born in this situation, they are legitimate children who are attributed to him legally, because they came from intercourse based on a doubt, since they did not know that she was his sister through breastfeeding. As for his keeping her as his wife, there is no doubt that this is forbidden. If he believes it is lawful while he knows that breastfeeding forbids what kinship forbids, then he is a disbeliever for denying this legal ruling on which the Muslims have reached consensus and which is indicated by the texts of the Book and the Sunnah, as Allah the Exalted said:[An-Nisa 4:23] until He said: [An-Nisa 4:23] Then he is to be given the opportunity to repent. If he repents and acknowledges that she is forbidden to him, well and good; otherwise, he is to be killed. In this situation, if he wants to keep her with him as his sister through breastfeeding, not as his wife, but she remains in his house and with her children, there is no harm. There is nothing wrong with this. He is only keeping her as a wife to enjoy her as a husband enjoys his wife, and this is forbidden by the consensus of the Muslims. It is not permissible for him to do so; rather, it is forbidden by explicit text and consensus.
The questioner : Yes.
The Shaykh : Yes, and it is obligatory for the authorities to separate him from her in this situation.
The questioner : But of course, it is necessary to verify the validity of the breastfeeding and its number and timing?
The Shaykh : Yes, the breastfeeding must be of the type that forbids marriage.
The questioner : Yes.
The Shaykh : As for breastfeeding that does not forbid marriage, it has no effect, just as if she had not breastfed from her mother, or if he had breastfed from her mother only once, twice, three times, or four times, because breastfeeding does not forbid marriage unless it is five breastfeedings or more.
The questioner : And it was within the two years?
The Shaykh : Yes.
The questioner : May Allah reward you with good. This questioner, M.Y.A. from Mosul, Iraq, sent two questions.
The Shaykh : After it became clear that she is his sister through breastfeeding, it became clear that the marriage is invalid.
The questioner : Yes.
The Shaykh : And the woman is not lawful for him in any way. As for his children who were born in this situation, they are legitimate children who are attributed to him legally, because they came from intercourse based on a doubt, since they did not know that she was his sister through breastfeeding. As for his keeping her as his wife, there is no doubt that this is forbidden. If he believes it is lawful while he knows that breastfeeding forbids what kinship forbids, then he is a disbeliever for denying this legal ruling on which the Muslims have reached consensus and which is indicated by the texts of the Book and the Sunnah, as Allah the Exalted said:
Prohibited to you [for marriage] are your mothers
حرمت عليكم أمهاتكمyour sisters through nursing
وأخواتكم من الرضاعةThe questioner : Yes.
The Shaykh : Yes, and it is obligatory for the authorities to separate him from her in this situation.
The questioner : But of course, it is necessary to verify the validity of the breastfeeding and its number and timing?
The Shaykh : Yes, the breastfeeding must be of the type that forbids marriage.
The questioner : Yes.
The Shaykh : As for breastfeeding that does not forbid marriage, it has no effect, just as if she had not breastfed from her mother, or if he had breastfed from her mother only once, twice, three times, or four times, because breastfeeding does not forbid marriage unless it is five breastfeedings or more.
The questioner : And it was within the two years?
The Shaykh : Yes.
The questioner : May Allah reward you with good. This questioner, M.Y.A. from Mosul, Iraq, sent two questions.