If it becomes clear that his wife is his sister through breastfeeding
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The second question of the fatwa number ( 2195 )
Q2: If a man marries a woman and after she gives birth to a boy and a girl, it is established that she is his sister through breastfeeding , what should he do; does he bear the sin and what about the children after they reach maturity, and does the Shari'ah permit them to marry or must they remain unmarried until their death?
A2: If a man marries a woman without knowing of a barrier from the barriers of marriage, and then it is established after the marriage contract that she is his sister through breastfeeding, by the fact that the breastfeeding was five sucklings within the two-year period - it is obligatory to annul the marriage and separate from her; due to the invalidity of this contract, whether he had intercourse with her or not, and whether she bore him one child, two, or more, and his intercourse with her before knowing of the breastfeeding is not zina, but rather a marriage of doubt, and there is no sin on him; because he had intercourse with her believing that she was a lawful wife, and the children are attributed to him by lineage, and the rulings of children from a valid marriage apply to them, so they inherit from their father, and he is responsible for their maintenance, and their birth from parents in this manner is not a barrier to their marriage, so they are in that like other Muslims, but it is recommended for the Muslim to investigate the barriers to marriage, such as affinity and breastfeeding and others, before the marriage contract, and then proceed to the marriage, being certain of the absence of barriers to marriage for the one he is contracting with. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: If a man marries a woman and after she gives birth to a boy and a girl, it is established that she is his sister through breastfeeding , what should he do; does he bear the sin and what about the children after they reach maturity, and does the Shari'ah permit them to marry or must they remain unmarried until their death?
A2: If a man marries a woman without knowing of a barrier from the barriers of marriage, and then it is established after the marriage contract that she is his sister through breastfeeding, by the fact that the breastfeeding was five sucklings within the two-year period - it is obligatory to annul the marriage and separate from her; due to the invalidity of this contract, whether he had intercourse with her or not, and whether she bore him one child, two, or more, and his intercourse with her before knowing of the breastfeeding is not zina, but rather a marriage of doubt, and there is no sin on him; because he had intercourse with her believing that she was a lawful wife, and the children are attributed to him by lineage, and the rulings of children from a valid marriage apply to them, so they inherit from their father, and he is responsible for their maintenance, and their birth from parents in this manner is not a barrier to their marriage, so they are in that like other Muslims, but it is recommended for the Muslim to investigate the barriers to marriage, such as affinity and breastfeeding and others, before the marriage contract, and then proceed to the marriage, being certain of the absence of barriers to marriage for the one he is contracting with. 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.