My son and my brother have three daughters. His eldest daughter is married, and my son has been breastfed by her. Is it permissible for him to marry one of her remaining sisters, or not?
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The questioner : He says to me that my son and my brother have three daughters, one of whom is older and married, and that my son has been breastfed by my brother's eldest daughter. Is it permissible for him to marry one of her remaining sisters, or not?
The Shaykh : If the breastfeeding was five times or more, and it occurred within the first two years before weaning, then he becomes the son of the woman who breastfed him, and her sisters become his aunts. It is well known that it is not permissible for a man to marry one of his aunts, based on the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 1937Sahih (Darussalam) However, if the breastfeeding was less than five times, it has no effect; the woman who breastfed him does not become his mother, and her sisters do not become his aunts. In that case, it is permissible for him to marry any of them he wishes.
The questioner : Yes.
The Shaykh : Yes.
The questioner : What is the implication of the five breastfeedings?
The Shaykh : Five breastfeedings. Some scholars hold that a single breastfeeding is when the infant holds the breast, and whenever he releases it, that counts as one breastfeeding. If he returns to it, that is a second breastfeeding, and so on, even if it is all in one sitting.
Other scholars hold that a single breastfeeding is like a meal for an adult, and that there is no consideration for holding the breast and then releasing it as long as it is in one sitting. This is the more cautious position because it is closer to the meaning of the wording, and because the original ruling is permissibility, so prohibition is not established except by clear evidence that lifts that permissibility. And whoever takes the precaution and adopts the first opinion.
The questioner : Yes.
The Shaykh : Regarding the view that a breastfeeding is holding the breast and then releasing it, there is no harm in that. But as is known to everyone, the precautionary ruling does not indicate obligation. Yes.
The questioner : Which of the two opinions is the stronger?
The Shaykh : The stronger opinion in my view is that a breastfeeding is the name for a meal.
The questioner : Yes.
The Shaykh : And if it is in one sitting, if he releases the breast and then returns, then releases it and then returns, it is one breastfeeding.The questioner : As long as it is in one sitting?
The Shaykh : Yes.
The Shaykh : If the breastfeeding was five times or more, and it occurred within the first two years before weaning, then he becomes the son of the woman who breastfed him, and her sisters become his aunts. It is well known that it is not permissible for a man to marry one of his aunts, based on the saying of the Prophet (peace and blessings be upon him):
Breast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النسبThe questioner : Yes.
The Shaykh : Yes.
The questioner : What is the implication of the five breastfeedings?
The Shaykh : Five breastfeedings. Some scholars hold that a single breastfeeding is when the infant holds the breast, and whenever he releases it, that counts as one breastfeeding. If he returns to it, that is a second breastfeeding, and so on, even if it is all in one sitting.
Other scholars hold that a single breastfeeding is like a meal for an adult, and that there is no consideration for holding the breast and then releasing it as long as it is in one sitting. This is the more cautious position because it is closer to the meaning of the wording, and because the original ruling is permissibility, so prohibition is not established except by clear evidence that lifts that permissibility. And whoever takes the precaution and adopts the first opinion.
The questioner : Yes.
The Shaykh : Regarding the view that a breastfeeding is holding the breast and then releasing it, there is no harm in that. But as is known to everyone, the precautionary ruling does not indicate obligation. Yes.
The questioner : Which of the two opinions is the stronger?
The Shaykh : The stronger opinion in my view is that a breastfeeding is the name for a meal.
The questioner : Yes.
The Shaykh : And if it is in one sitting, if he releases the breast and then returns, then releases it and then returns, it is one breastfeeding.The questioner : As long as it is in one sitting?
The Shaykh : Yes.