If a girl is breastfed by her sister, is he considered her maternal uncle and a mahram?
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The second, third, and fourth questions from the fatwa number ( 2 )
Q2: My mother’s sister breastfed a girl. Am I her maternal uncle and a mahram?
A2: If this girl was breastfed by your sister five times within the two-year period, she is your sister’s daughter through breastfeeding, and you are her maternal uncle through breastfeeding. A suckle is defined as the child sucking milk from the breast and then releasing it to breathe or move to another breast, or similar. This is one suckle, and so on. This is based on the hadith of Aisha (may Allah be pleased with her), who said:Sahih Muslim 1452a It was narrated by Muslim . It is also based on His saying, the Exalted: [An-Nisa 4:23] until He said: . It is also based on His saying, peace and blessings be upon him: Sunan an-Nasa'i 3303Sahih (Darussalam) It was narrated by the group of scholars. The five suckles are prohibitive if they occur within the two-year period, based on His saying, the Exalted: [Al-Baqarah 2:233]. It is also based on His saying, peace and blessings be upon him: Bulugh al-Maram 8:197 It was narrated by al-Tirmidhi , who said: It is a good, authentic hadith.
Q3: A woman married a husband and breastfed a girl from his milk. Then she was divorced and married another, then another, then another. Is the girl a stepdaughter to the other husbands or not?
A3: If the breastfeeding is as described in the answer preceding this one, then she is a stepdaughter to every husband who had intercourse with her mother, due to the generality of His saying, the Exalted:[An-Nisa 4:23]. The mention of "in your care" has no legal implication.
Q4: Is my wife’s mother through breastfeeding a mahram to me?
A4: If the breastfeeding that your wife received from this woman fulfills its conditions, as detailed in the first answer, then you are a mahram to her, based on His saying, the Exalted:[An-Nisa 4:23]. Whether you had intercourse with this wife
after the contract was concluded with her or not, due to the generality of this verse. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: My mother’s sister breastfed a girl. Am I her maternal uncle and a mahram?
A2: If this girl was breastfed by your sister five times within the two-year period, she is your sister’s daughter through breastfeeding, and you are her maternal uncle through breastfeeding. A suckle is defined as the child sucking milk from the breast and then releasing it to breathe or move to another breast, or similar. This is one suckle, and so on. This is based on the hadith of Aisha (may Allah be pleased with her), who said:
it had been revealed in the Holy Qur'an that ten clear sucklings make the marriage unlawful, then it was abrogated (and substituted) by five sucklings and Allah's Apostle (ﷺ) died and it was before that time (found) in the Holy Qur'an (and recited by the Muslims).
كان فيما أنزل من القـرآن: عشر رضعات معلومات يحرمن، ثم نسـخن بـ: (خمس معلومات)، فتوفي رسول الله صلى الله عليه وسلم وهن فيما يقرأ من القرآنProhibited to you [for marriage] are your mothers
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْand the daughters of sisters
وَبَنَاتُ الأُخْتِWhat becomes unlawful (for marriage) through breast-feeding is that which becomes unlawful through birth.
يحرم من الرضاع ما يحرم من الولادةMothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period].
وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَنْ يُتِمَّ الرَّضَاعَةَThe suckling that makes marriage unlawful is that which reaches the intestines (i.e. nourishes the child), and is taken before (two years) time of weaning.
لا يحرم من الرضاعة إلا ما فتق الأمعاء وكان قبل الفطامQ3: A woman married a husband and breastfed a girl from his milk. Then she was divorced and married another, then another, then another. Is the girl a stepdaughter to the other husbands or not?
A3: If the breastfeeding is as described in the answer preceding this one, then she is a stepdaughter to every husband who had intercourse with her mother, due to the generality of His saying, the Exalted:
and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you.
وَرَبَائِبُكُمُ اللاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلا جُنَاحَ عَلَيْكُمْQ4: Is my wife’s mother through breastfeeding a mahram to me?
A4: If the breastfeeding that your wife received from this woman fulfills its conditions, as detailed in the first answer, then you are a mahram to her, based on His saying, the Exalted:
Prohibited to you [for marriage] are your mothers
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْafter the contract was concluded with her or not, due to the generality of this verse. 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.