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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A question regarding breastfeeding and what its effect depends on

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The questioner : This is a man who has proposed to a woman, or intends to marry a woman who has a father. The father of this woman breastfed from the wife of the man who wants to propose to her. Is the situation clear? Yes, indeed, Shaykh. I say this is a man who wants to propose to a woman whose father breastfed from his father’s wife, from his father’s wife. Is it permissible for him to marry her?

The Shaykh : Let us try to analyze the issue. When the girl’s father breastfed from the wife of the suitor’s father, the girl’s father became a brother to the suitor through breastfeeding. Is he a brother to him through his father, or through his mother and father? He is a brother to him through his father, because he did not breastfeed from the suitor’s mother; he breastfed from his father’s wife. So the father is now one and the same: the father of the suitor and the father of the girl’s father. We say the girl’s father has now become a brother to the suitor through breastfeeding, through the father, if he is his brother through the father. So how is the proposed woman? She is the daughter of his brother, and the suitor would be her paternal uncle. The paternal uncle of his brother? How can one be the paternal uncle of his brother? No, no, my uncle.
He is the paternal uncle of the proposed woman, and it is well known that a paternal uncle cannot propose to his brother’s daughter. However, the questioner says that the woman says she does not know how many times she breastfed the man. In that case, the ruling of breastfeeding is not established, meaning the existence of this breastfeeding is like its non-existence, because of the hadith of Aisha (may Allah be pleased with her), who said: “It was among what was revealed from
The Qur'an [was revealed] with ten known breastfeedings that make [marriage] forbidden, then they were abrogated with five known breastfeedingsالْقُرْآنُ بِعَشْرِ رَضَعَاتٍ مَعْلُومَاتٍ يُحَرِّمْنَ ثُمَّ نُسِخْنَ بِخَمْسِ رَضَعَاتٍ مَعْلُومَاتٍ
Sahih Ibn Hibban 17:9
.” And if there is doubt about the number of breastfeedings, and the wet nurse says, “I do not know if I breastfed him once, twice, three times, four times, or five times,” in this case, is the ruling of breastfeeding established? It is not established, because five known breastfeedings are required. But if someone asks, is scrupulousness to leave this girl or to proceed with her?
Scrupulousness is to leave her, and women are plentiful, praise be to Allah. Women are plentiful, so scrupulousness is to leave her. However, we do not say that she becomes a mahram (forbidden relative) to him, because the breastfeeding that makes marriage forbidden has not been established. But we say that scrupulousness is to leave the marriage of this woman and seek another woman. But if he proceeds and marries her, there is no sin on him for the reason that the breastfeeding has not been established in a known manner. Yes.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، لقاء[5 من 15] مسألة في الرضاع وبماذا يعلق اثره؟!! الشيخ ابن عثيمين - مشروع كبار العلماء — youtube.com

The Arabic text is a machine transcription of the audio recording.

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