A girl who was breastfed by her aunt along with her young son: Is it permissible for her to marry his older brother?
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The questioner : The listener from Syria says: A girl was breastfed by her aunt along with her young son...
The Shaykh : What, what? A girl?
The questioner : A girl was breastfed by her aunt.
The Shaykh : Yes.
The questioner : Along with her young son, is it permissible for her to marry his older brother?
The Shaykh : Yes. If this breastfeeding meets the conditions, it is not permissible for her to marry his older brother, because if a child is breastfed by a woman, he becomes her son and the son of the one to whom her milk is attributed, whether he is her husband if she is married, her master if she is a concubine, or the one who had intercourse with her under a false pretense if she was so. This applies whether her children were born before or after this child was breastfed, and whether her husband’s children were from her or from another wife, whether previous or subsequent. However, we must know that it is a condition for breastfeeding to be effective that it be five feedings or more, and that it occur during the period of breastfeeding. If it is less than five feedings, it has no effect, based on the hadith of Aisha (may Allah be pleased with her) established in Sahih Muslim: “What was revealed in the Qur'an was ten feedings that make a person a mahram, then this was abrogated by five known feedings. The Messenger of Allah (peace and blessings be upon him) passed away while this was still being recited in the Qur'an”. Accordingly, anything less than five feedings has no effect. If a child is breastfed by a woman four times, he is not her son, nor the brother of her children, nor the brother of her husband’s children from another woman.
As for if he is breastfed five times or more, he becomes her son, the brother of her children from her husband or from another husband, the brother of her husband’s children from her or from another woman, whether the woman who breastfed the child was married to him at the time or from another husband, whether previous or subsequent, and the brother of the children of the husband of the woman who breastfed the child, whether from her or from another woman.
Thus, for breastfeeding to be effective, it must be five feedings or more, and it must also occur during the period of breastfeeding. The scholars differed regarding the period of breastfeeding. Some restricted it to two years, stating that what occurs before two years is effective, and what occurs after is not, whether the child was weaned or not. Other scholars said that the criterion is weaning; if the child is weaned, breastfeeding has no effect after weaning, and if the child is not weaned, breastfeeding is effective even if it exceeds two years.
Weaning is well known; it is when the child is nourished by something other than milk. As long as the child is nourished only by milk, he is not weaned. Yes.
The questioner : May Allah bless you.
The Shaykh : What, what? A girl?
The questioner : A girl was breastfed by her aunt.
The Shaykh : Yes.
The questioner : Along with her young son, is it permissible for her to marry his older brother?
The Shaykh : Yes. If this breastfeeding meets the conditions, it is not permissible for her to marry his older brother, because if a child is breastfed by a woman, he becomes her son and the son of the one to whom her milk is attributed, whether he is her husband if she is married, her master if she is a concubine, or the one who had intercourse with her under a false pretense if she was so. This applies whether her children were born before or after this child was breastfed, and whether her husband’s children were from her or from another wife, whether previous or subsequent. However, we must know that it is a condition for breastfeeding to be effective that it be five feedings or more, and that it occur during the period of breastfeeding. If it is less than five feedings, it has no effect, based on the hadith of Aisha (may Allah be pleased with her) established in Sahih Muslim: “What was revealed in the Qur'an was ten feedings that make a person a mahram, then this was abrogated by five known feedings. The Messenger of Allah (peace and blessings be upon him) passed away while this was still being recited in the Qur'an”. Accordingly, anything less than five feedings has no effect. If a child is breastfed by a woman four times, he is not her son, nor the brother of her children, nor the brother of her husband’s children from another woman.
As for if he is breastfed five times or more, he becomes her son, the brother of her children from her husband or from another husband, the brother of her husband’s children from her or from another woman, whether the woman who breastfed the child was married to him at the time or from another husband, whether previous or subsequent, and the brother of the children of the husband of the woman who breastfed the child, whether from her or from another woman.
Thus, for breastfeeding to be effective, it must be five feedings or more, and it must also occur during the period of breastfeeding. The scholars differed regarding the period of breastfeeding. Some restricted it to two years, stating that what occurs before two years is effective, and what occurs after is not, whether the child was weaned or not. Other scholars said that the criterion is weaning; if the child is weaned, breastfeeding has no effect after weaning, and if the child is not weaned, breastfeeding is effective even if it exceeds two years.
Weaning is well known; it is when the child is nourished by something other than milk. As long as the child is nourished only by milk, he is not weaned. Yes.
The questioner : May Allah bless you.