He has a daughter he wishes to marry off, and in her childhood she used to mix with the suitor and his brothers, and he fears that she may have been breastfed by his mother
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Fatwa No. ( 213 )
Q: He has a daughter who has reached the age of marriage, and a young man proposed to her. However, when this daughter was young, she used to mix with this young man's brothers, and I believed that this young man's mother had breastfed her , and when
she was asked, she hesitated at first because she did not remember anything about the breastfeeding, but finally she firmly denied having breastfed her. He asks about the validity of marrying his daughter to this young man given the circumstances described .
A: The default ruling is that there is no breastfeeding, and the matter does not depart from this default unless there is proof of what is considered a transferor in the Shari'ah. The questioner, according to what he mentioned in his inquiry, has nothing that transfers the matter from this default; because he did not mention a Shari'ah basis for his belief. And what he mentioned—that she was mixed with his brothers in their home during her age of breastfeeding—is not sufficient to transfer the matter from its default unless the breastfeeding is established with Shari'ah certainty. Therefore, if it is not established that the daughter was breastfed by the milk of the father of the young man from one of his wives in a breastfeeding that makes marriage forbidden, and that the young man was breastfed by the milk of the father of the daughter from one of his wives, and that no other woman breastfed both of them in a breastfeeding that makes marriage forbidden, then it is permissible to marry the daughter to this young man, and there is no effect on its validity from the fact that she was mixed with his brothers in their home during her age of breastfeeding. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: He has a daughter who has reached the age of marriage, and a young man proposed to her. However, when this daughter was young, she used to mix with this young man's brothers, and I believed that this young man's mother had breastfed her , and when
she was asked, she hesitated at first because she did not remember anything about the breastfeeding, but finally she firmly denied having breastfed her. He asks about the validity of marrying his daughter to this young man given the circumstances described .
A: The default ruling is that there is no breastfeeding, and the matter does not depart from this default unless there is proof of what is considered a transferor in the Shari'ah. The questioner, according to what he mentioned in his inquiry, has nothing that transfers the matter from this default; because he did not mention a Shari'ah basis for his belief. And what he mentioned—that she was mixed with his brothers in their home during her age of breastfeeding—is not sufficient to transfer the matter from its default unless the breastfeeding is established with Shari'ah certainty. Therefore, if it is not established that the daughter was breastfed by the milk of the father of the young man from one of his wives in a breastfeeding that makes marriage forbidden, and that the young man was breastfed by the milk of the father of the daughter from one of his wives, and that no other woman breastfed both of them in a breastfeeding that makes marriage forbidden, then it is permissible to marry the daughter to this young man, and there is no effect on its validity from the fact that she was mixed with his brothers in their home during her age of breastfeeding. 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.