If a child is breastfed by a woman, does he inherit from her?
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Fatwa No. ( 12900 )
Q: I have a brother who was breastfed by his maternal grandmother more than twenty times. Does he have the right to inherit from his grandmother? Does he have the right to marry his maternal uncles' daughters or his maternal aunts' daughters? And do I have the right to marry them?
A: Breastfeeding that establishes a prohibition is that which occurs five times or more within the first two years. If your brother was breastfed by his grandmother in this manner, he is her son through breastfeeding and a brother to all her children. It is not permissible for him to marry his maternal uncles' or aunts' daughters, because they are his sisters through breastfeeding. He also has no right to inherit from his grandmother through the aforementioned breastfeeding, because breastfeeding is not a cause of inheritance. Allah the Exalted said:[An-Nisa 4:23], up to
His saying:[An-Nisa 4:23], and He said: [Al-Baqarah 2:233]. It is established that the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 3105. It is also established in the hadith of A'ishah (may Allah be pleased with her) that she said: "Among what was revealed in the Qur'an was: 'Ten known breastfeedings establish a prohibition.' Then this was abrogated by: 'Five known breastfeedings.' The Messenger of Allah (peace and blessings be upon him) passed away while the matter remained as such." It is known that a breastfeeding (suckling) is when the child holds the breast and then sucks milk from it. If he lets go and returns to suck milk, that is a second breastfeeding, and so on. As for those who were not breastfed by your brother's siblings, it is permissible for them to marry your maternal uncles' and aunts' daughters, and your brother's aforementioned breastfeeding has no effect on this marriage. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a brother who was breastfed by his maternal grandmother more than twenty times. Does he have the right to inherit from his grandmother? Does he have the right to marry his maternal uncles' daughters or his maternal aunts' daughters? And do I have the right to marry them?
A: Breastfeeding that establishes a prohibition is that which occurs five times or more within the first two years. If your brother was breastfed by his grandmother in this manner, he is her son through breastfeeding and a brother to all her children. It is not permissible for him to marry his maternal uncles' or aunts' daughters, because they are his sisters through breastfeeding. He also has no right to inherit from his grandmother through the aforementioned breastfeeding, because breastfeeding is not a cause of inheritance. Allah the Exalted said:
Prohibited to you [for marriage] are your mothers, your daughters
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْHis saying:
your sisters through nursing
وَأَخَوَاتُكُمْ مِنَ الرَّضَاعَةِMothers may breastfeed their children two complete years
وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلادَهُنَّ حَوْلَيْنِ كَامِلَيْنِWhat is rendered illegal because of blood relations, is also rendered illegal because of the corresponding foster-relations.
الرضاعة تحرم ما تحرم الولادة
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.