A man married a woman and had five children with her, and after this period it became clear to him that his mother had breastfed his wife, but she does not know how much she breastfed her, so what should this husband do in
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The questioner : A man married his maternal aunt’s daughter, and she gave birth to him five children. After this period, a conversation took place between the family and his mother, in which his mother mentioned that she had breastfed her son’s wife when she was nine months old. At first, she said that she had breastfed her only once, but after being pressed to tell the truth and to be certain, she said that she does not remember how many times she breastfed her—whether it was once or more—because of the length of time, as approximately twenty years have passed since then. So what should this husband do in this situation?
The Shaykh : The husband owes nothing in this situation, because breastfeeding does not establish kinship unless it is five feedings within the first two years and before weaning. Anything less than that does not prohibit marriage and does not establish any of the rulings of breastfeeding. However, if there is doubt about whether the breastfeeding reached five feedings or was less than five, the original ruling is that it is not established, so there is no prohibition in that case. But the precaution is not to marry her while there is doubt. Since the marriage has already taken place and was contracted in a valid manner, he is not required to separate from her because the invalidating factor is not certain. The contract is currently established and certain, while the invalidating factor is not certain.
The questioner : Yes.
The Shaykh : The certain is not abandoned for the uncertain. Therefore, he remains with this wife, and there is no blame on him, unless the mother later remembers that she breastfed this woman five times or more during the period in which prohibition is established. In that case, it becomes clear that the contract is defective, and he must separate from her. The children who were born are legitimate children of this man, because they were created from the semen of a man who believed that it was obtained in accordance with the ruling of the Shari'ah. Yes.
The questioner : Yes, may Allah reward you.
The following message is from sister K M A from Iraq, Basra Governorate.
The Shaykh : The husband owes nothing in this situation, because breastfeeding does not establish kinship unless it is five feedings within the first two years and before weaning. Anything less than that does not prohibit marriage and does not establish any of the rulings of breastfeeding. However, if there is doubt about whether the breastfeeding reached five feedings or was less than five, the original ruling is that it is not established, so there is no prohibition in that case. But the precaution is not to marry her while there is doubt. Since the marriage has already taken place and was contracted in a valid manner, he is not required to separate from her because the invalidating factor is not certain. The contract is currently established and certain, while the invalidating factor is not certain.
The questioner : Yes.
The Shaykh : The certain is not abandoned for the uncertain. Therefore, he remains with this wife, and there is no blame on him, unless the mother later remembers that she breastfed this woman five times or more during the period in which prohibition is established. In that case, it becomes clear that the contract is defective, and he must separate from her. The children who were born are legitimate children of this man, because they were created from the semen of a man who believed that it was obtained in accordance with the ruling of the Shari'ah. Yes.
The questioner : Yes, may Allah reward you.
The following message is from sister K M A from Iraq, Basra Governorate.