Upbringing does not establish lineage
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Question: There is a woman who adopted a boy and raised him with her children, but she did not breastfeed him. Is it permissible for her to marry him to one of her daughters? And if she did breastfeed him, would he take their father’s name, inherit from them, and bequeath to them?
Answer: As for the mere fact that she fed this boy from infancy and raised him in
his childhood, this does not establish lineage or kinship between him and her. He is a stranger to her and to her daughters. Therefore, she must observe hijab from him, and her daughters must observe hijab from him, because he is a stranger to them, as long as no breastfeeding has taken place. What has occurred is merely that she raised him and fed him from infancy. Calling this adoption is incorrect, because adoption is prohibited in Islam. There is no adoption except for children, either children by blood or children by breastfeeding. As for merely raising and feeding a young child, this does not establish kinship or lineage, and it is not called adoption, nor is it permissible to use this title.
However, if breastfeeding occurred between him and her, such that she breastfed him sufficiently, meaning five breastfeedings or more, and this took place within the first two years, then he becomes her son by breastfeeding. Her daughters become his sisters, and her mahrams become his mahrams.As he (peace and blessings be upon him) said:Sunan Ibn Majah 1937Sahih (Darussalam) ،And in another hadith:Sahih al-Bukhari 3105, so he becomes her son only in terms of being a mahram. As for whether he inherits from her or she inherits from him, no, because breastfeeding does not establish inheritance; it only establishes the status of mahram. As for inheritance, it is specific to kinship by blood. And Allah the Exalted knows best.
Question: Regarding marriage, if there was no breastfeeding, is it permissible for him to marry the daughters of this mother?
Answer: If there was no breastfeeding between him and her, or between him and any of her daughters or sisters, then there is no harm in that, because he is a stranger to her. Even if he married her, there is no impediment, because he is a stranger to her.
Answer: As for the mere fact that she fed this boy from infancy and raised him in
his childhood, this does not establish lineage or kinship between him and her. He is a stranger to her and to her daughters. Therefore, she must observe hijab from him, and her daughters must observe hijab from him, because he is a stranger to them, as long as no breastfeeding has taken place. What has occurred is merely that she raised him and fed him from infancy. Calling this adoption is incorrect, because adoption is prohibited in Islam. There is no adoption except for children, either children by blood or children by breastfeeding. As for merely raising and feeding a young child, this does not establish kinship or lineage, and it is not called adoption, nor is it permissible to use this title.
However, if breastfeeding occurred between him and her, such that she breastfed him sufficiently, meaning five breastfeedings or more, and this took place within the first two years, then he becomes her son by breastfeeding. Her daughters become his sisters, and her mahrams become his mahrams.As he (peace and blessings be upon him) said:
Breast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النسبWhat is rendered illegal because of blood relations, is also rendered illegal because of the corresponding foster-relations.
الرضاعة تحرم ما تحرم الولادةQuestion: Regarding marriage, if there was no breastfeeding, is it permissible for him to marry the daughters of this mother?
Answer: If there was no breastfeeding between him and her, or between him and any of her daughters or sisters, then there is no harm in that, because he is a stranger to her. Even if he married her, there is no impediment, because he is a stranger to her.
