The nurse passed away and a woman testified to the breastfeeding
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Fatwa number ( 5542 )
Q: I am the young man (M. A. R.), twenty years old. I have a sister who is twelve years old (12). I have a cousin named (F. R. R.) who is eighteen years old (18), and he has a sister who is ten years old (10). My cousin proposed to my sister, and I agreed to his request. I contracted the marriage for him to my sister, but he did not consummate it. Also, I proposed to my uncle and asked for his daughter, and he contracted the marriage for me, but I have not consummated it in the Shari'ah sense to this day. The point is that neither of us has approached the other's sister to this day. In this proposal, each of us pays an agreed-upon mahr (bridal gift) between us, and each of us pays for the jewelry, the sadaq (bridal gift), and the conditions followed among Muslims. However, I recently heard from my uncle's wife say: that the girls had breastfed each other from my mother, knowing that my mother has passed away , but I do not know whether my uncle's wife's statement is true or not. If the girls had breastfed from my mother as my uncle's wife says, are they all forbidden to us, me and the aforementioned cousin? How is their daughter forbidden to me, and how is my sister permissible to their son? Please inform us, may Allah reward you with the best of good.
A: The breastfeeding that results in prohibition is what amounts to five breastfeedings or more within the two-year period. A single breastfeeding is: when the child holds the breast and sucks milk from it. If it is established that your cousin's daughter breastfed from
your mother five breastfeedings or more as described, it is forbidden for you to marry her; because she is your sister through breastfeeding; due to the saying of the Exalted and Majestic:[An-Nisa 4:23] to His saying: [An-Nisa 4:23] , and He the Exalted said: [Al-Baqarah 2:233] , and the saying of the Prophet (peace and blessings be upon him): Sunan Ibn Majah 1937Sahih (Darussalam) agreed upon as authentic. And what is established from A'ishah (may Allah be pleased with her) that she said: (It was among what was revealed in the Qur'an: (Ten known breastfeedings prohibit) then it was abrogated by: (Five known) and the Messenger of Allah (peace and blessings be upon him) passed away while the matter was on that). If her breastfeeding from your mother was less than five breastfeedings or not within the two-year period, it is permissible for you to marry her. The statement of your uncle's wife is accepted in this matter if she is trustworthy. As for your cousin, it is permissible for him to marry the aforementioned sister of yours if there is no breastfeeding that prohibits between him and her. There is no effect of her sister's breastfeeding from your mother, whether little or much, on his marriage to her. However, if your uncle's wife is not trustworthy or does not remember the number of breastfeedings, whether it is five or less or more, then her testimony is
not acted upon. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I am the young man (M. A. R.), twenty years old. I have a sister who is twelve years old (12). I have a cousin named (F. R. R.) who is eighteen years old (18), and he has a sister who is ten years old (10). My cousin proposed to my sister, and I agreed to his request. I contracted the marriage for him to my sister, but he did not consummate it. Also, I proposed to my uncle and asked for his daughter, and he contracted the marriage for me, but I have not consummated it in the Shari'ah sense to this day. The point is that neither of us has approached the other's sister to this day. In this proposal, each of us pays an agreed-upon mahr (bridal gift) between us, and each of us pays for the jewelry, the sadaq (bridal gift), and the conditions followed among Muslims. However, I recently heard from my uncle's wife say: that the girls had breastfed each other from my mother, knowing that my mother has passed away , but I do not know whether my uncle's wife's statement is true or not. If the girls had breastfed from my mother as my uncle's wife says, are they all forbidden to us, me and the aforementioned cousin? How is their daughter forbidden to me, and how is my sister permissible to their son? Please inform us, may Allah reward you with the best of good.
A: The breastfeeding that results in prohibition is what amounts to five breastfeedings or more within the two-year period. A single breastfeeding is: when the child holds the breast and sucks milk from it. If it is established that your cousin's daughter breastfed from
your mother five breastfeedings or more as described, it is forbidden for you to marry her; because she is your sister through breastfeeding; due to the saying of the Exalted and Majestic:
Prohibited to you [for marriage] are your mothers, your daughters
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْyour sisters through nursing
وَأَخَوَاتُكُمْ مِنَ الرَّضَاعَةِMothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period].
وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَنْ يُتِمَّ الرَّضَاعَةَBreast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النسبnot acted upon. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.