A woman swore that if she gave birth to a daughter, she would give her to her neighbor who does not bear children, and she gave birth to a daughter
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Fatwa number ( 13300 )
Q: Two brothers are married to two Muslim women; one is barren (infertile) and does not bear children, while the other does bear children. The one who bears children swore that if she became pregnant, then if it was a daughter, it would belong to the barren woman , and if her pregnancy was a male child, the barren woman would pay ten thousand and the child would be hers. The pregnant woman gave birth, and it was a daughter, so the barren woman began to claim her according to the mother’s words, but the mother said: I do not remember saying that. Also, the father of the daughter was not aware of what took place between the two women and what they agreed upon. Please inform us, may Allah reward you, regarding the legal perspective to settle such a matter. May Allah guide your steps and help you in serving Islam and Muslims, and peace be upon you.
A: If the matter is as described, it is obligatory for the woman who bears children to pay the expiation for the oath, because she broke her oath, and the daughter belongs to the mother and not to the barren woman
in any way. And if the mother of the daughter does not remember the oath, there is no expiation on her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Two brothers are married to two Muslim women; one is barren (infertile) and does not bear children, while the other does bear children. The one who bears children swore that if she became pregnant, then if it was a daughter, it would belong to the barren woman , and if her pregnancy was a male child, the barren woman would pay ten thousand and the child would be hers. The pregnant woman gave birth, and it was a daughter, so the barren woman began to claim her according to the mother’s words, but the mother said: I do not remember saying that. Also, the father of the daughter was not aware of what took place between the two women and what they agreed upon. Please inform us, may Allah reward you, regarding the legal perspective to settle such a matter. May Allah guide your steps and help you in serving Islam and Muslims, and peace be upon you.
A: If the matter is as described, it is obligatory for the woman who bears children to pay the expiation for the oath, because she broke her oath, and the daughter belongs to the mother and not to the barren woman
in any way. And if the mother of the daughter does not remember the oath, there is no expiation on her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.