He and his wife's father were breastfed by his grandmother
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Fatwa number ( 16932 )
Q: I have been married for seven years to my cousin Husayn's daughter, and he is my father's brother. I have another uncle named Sayyid, who is my age. My uncle Sayyid and I were both breastfed by my grandmother for long periods and many times, due to my mother's absence when I was of nursing age. And my wife, who is the daughter of my elder cousin named Husayn, has
given birth to two children for me, and her father had also been breastfed by my grandmother in his youth . We all have known the reasons for the aforementioned breastfeeding since my childhood. However, what I was surprised to learn a few months ago is that there is an obstacle to the continuation of that marital life, which is the breastfeeding. Therefore, I turned to your eminence to receive the correct guidance, to protect my pure religion, which is the safeguard of my affair. What is the ruling on the following: A - If the fatwa is issued for separation, is the divorce pronounced, or what? And do I wait until I travel to my country, or is it immediate, and how? B - Also, if the fatwa is issued for separation, what is my position regarding my cousins' daughters or all my uncles' daughters, meaning: how do they appear before me? And regarding my wife, does she observe the waiting period despite my absence from her for more than three years, and I am still absent from her now? C - What is the status of the children in the social structure, and is it more correct for them to be with their mother or to be attached to me?
A: If it is established that your wife's father was breastfed by your grandmother five times within the two-year period, and you were also breastfed by this woman in the manner described - then it is not permissible for you to marry his daughter; because you become her paternal uncle through breastfeeding, and thus your marriage to her is considered invalid, and she is considered a mahram (forbidden relative) for you after three menstrual cycles from the last intercourse that occurred with you
with her. You are not required to pronounce a divorce for her; because the marriage, given the aforementioned situation, is invalid and does not require divorce. She is considered a mahram for you, and so are her sisters from your uncle Husayn and your uncle Sayyid, because through this breastfeeding you became their paternal uncle, and a brother to your uncles Husayn and Sayyid. As for the children that your cousin's daughter gave birth to, they are legitimate children attached to you by lineage; because when you cohabited with her, you were ignorant of the prohibition due to the aforementioned breastfeeding. As for the issue of whether they remain with their mother or with you, this is referred to the court if there is no agreement between you regarding their staying with her or with you. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have been married for seven years to my cousin Husayn's daughter, and he is my father's brother. I have another uncle named Sayyid, who is my age. My uncle Sayyid and I were both breastfed by my grandmother for long periods and many times, due to my mother's absence when I was of nursing age. And my wife, who is the daughter of my elder cousin named Husayn, has
given birth to two children for me, and her father had also been breastfed by my grandmother in his youth . We all have known the reasons for the aforementioned breastfeeding since my childhood. However, what I was surprised to learn a few months ago is that there is an obstacle to the continuation of that marital life, which is the breastfeeding. Therefore, I turned to your eminence to receive the correct guidance, to protect my pure religion, which is the safeguard of my affair. What is the ruling on the following: A - If the fatwa is issued for separation, is the divorce pronounced, or what? And do I wait until I travel to my country, or is it immediate, and how? B - Also, if the fatwa is issued for separation, what is my position regarding my cousins' daughters or all my uncles' daughters, meaning: how do they appear before me? And regarding my wife, does she observe the waiting period despite my absence from her for more than three years, and I am still absent from her now? C - What is the status of the children in the social structure, and is it more correct for them to be with their mother or to be attached to me?
A: If it is established that your wife's father was breastfed by your grandmother five times within the two-year period, and you were also breastfed by this woman in the manner described - then it is not permissible for you to marry his daughter; because you become her paternal uncle through breastfeeding, and thus your marriage to her is considered invalid, and she is considered a mahram (forbidden relative) for you after three menstrual cycles from the last intercourse that occurred with you
with her. You are not required to pronounce a divorce for her; because the marriage, given the aforementioned situation, is invalid and does not require divorce. She is considered a mahram for you, and so are her sisters from your uncle Husayn and your uncle Sayyid, because through this breastfeeding you became their paternal uncle, and a brother to your uncles Husayn and Sayyid. As for the children that your cousin's daughter gave birth to, they are legitimate children attached to you by lineage; because when you cohabited with her, you were ignorant of the prohibition due to the aforementioned breastfeeding. As for the issue of whether they remain with their mother or with you, this is referred to the court if there is no agreement between you regarding their staying with her or with you. 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.