Establishing Breastfeeding in a Will
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The fifth question of Fatwa No. ( 114768 )
Q5: I breastfed a child along with my son who had not yet reached his first year of age, and the breastfeeding was more than five full feedings within the two-year period. Does this breastfed child become a brother to all my children, or is he only a brother to the son who was breastfed with him? And does the mother of this breastfed child become a mother to my children? Knowing that she did not breastfeed any of my children, but rather I was the one who breastfed her son. Do the brothers and sisters of this breastfed child become brothers and sisters to my children, or is it only the child who was breastfed who becomes a brother to my children? Does this breastfed child inherit as my children inherit, or does he have no right to inheritance? Is it permissible for any of my sons or daughters to marry the siblings of this child whom I breastfed? Should I write the matter of my breastfeeding of this child in my will so that no mistake occurs in marriage after my death? There may be someone who does not know about this breastfeeding and might marry my sons or one of them to some of them.
A5: The breastfeeding that establishes prohibition is five feedings or more within the two-year period. If the child’s breastfeeding from your milk is of that nature, then he is your son and your husband’s son through breastfeeding, and a brother to all your children. As for the mother of the breastfed child and his siblings, they have no relation through this breastfeeding, and it is permissible for his brothers to marry your daughters. There is no inheritance through breastfeeding, and there is no harm in writing the matter of the breastfeeding so that it is not hidden. Allah the Exalted said:[An-Nisa 4:23] up to His saying: [An-Nisa 4:23] , and Allah the Exalted said: [Al-Baqarah 2:233] , and it is established that the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 3105 , and it is established from the hadith of Aisha (may Allah be pleased with her) that she said: “What was revealed in the Qur’an was: ‘Ten known feedings establish prohibition,’ then it was abrogated by: ‘Five known feedings.’ The Messenger of Allah (peace and blessings be upon him) passed away while the matter was still as it was.” Knowing that a feeding is: when the child holds the breast and then sucks milk from it; if he leaves it and returns and sucks milk, that is a second feeding, and so on.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q5: I breastfed a child along with my son who had not yet reached his first year of age, and the breastfeeding was more than five full feedings within the two-year period. Does this breastfed child become a brother to all my children, or is he only a brother to the son who was breastfed with him? And does the mother of this breastfed child become a mother to my children? Knowing that she did not breastfeed any of my children, but rather I was the one who breastfed her son. Do the brothers and sisters of this breastfed child become brothers and sisters to my children, or is it only the child who was breastfed who becomes a brother to my children? Does this breastfed child inherit as my children inherit, or does he have no right to inheritance? Is it permissible for any of my sons or daughters to marry the siblings of this child whom I breastfed? Should I write the matter of my breastfeeding of this child in my will so that no mistake occurs in marriage after my death? There may be someone who does not know about this breastfeeding and might marry my sons or one of them to some of them.
A5: The breastfeeding that establishes prohibition is five feedings or more within the two-year period. If the child’s breastfeeding from your milk is of that nature, then he is your son and your husband’s son through breastfeeding, and a brother to all your children. As for the mother of the breastfed child and his siblings, they have no relation through this breastfeeding, and it is permissible for his brothers to marry your daughters. There is no inheritance through breastfeeding, and there is no harm in writing the matter of the breastfeeding so that it is not hidden. Allah the Exalted said:
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 الرَّضَاعَةَWhat is rendered illegal because of blood relations, is also rendered illegal because of the corresponding foster-relations.
الرضاعة تحرم ما تحرم الولادةAnd 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.