What is the ruling on a woman whose husband has died, who has an infant son, and then her brother marries her, and he has a daughter? Is it permissible for this son to marry the daughter?
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The questioner : A woman married a man and had an infant son with him. This man died, and then his brother married her. She was still nursing this son. Of course, her waiting period had passed. This man who married her, who is her brother, has a daughter. When he married her, she continued to nurse this son. So, if this son grows up, can he marry the daughter?
The Shaykh : When the deceased's brother married his wife, how old was this daughter?
The questioner: Small.
The Shaykh : You know, small. You say small, like if you said an infant, is that not so?
The questioner: Yes.
The Shaykh : So you have not answered me.
The questioner : I mean, the daughter is small and the son is small, meaning the son is an infant, just like the daughter is an infant.
The Shaykh : Stay in your place. What is my question?
The questioner : Your question is whether the daughter is small or not small, that sort of thing.
The Shaykh : That is not it. How old was she?
The questioner : I do not know.
The Shaykh : Yes, that is an answer. You do not tell me "small, small, infant"; it means the same thing. And your question is that she is an infant. This issue is one of the fine points of the issues. First, there is no explicit text in it. Second, the precision in it lies in the difference: if the brother had married this wife after her weaning, there would be no problem.
The questioner: Yes.
The Shaykh : But the question is before the weaning, and here is the precision, which is what led me to ask how old she was when her mother married her maternal uncle, is that not so?
The questioner : The infant is a son.
The Shaykh : The infant.
The questioner : The one who is not weaned is a son, and the daughter is with the maternal uncle.
The Shaykh : Well, it all goes around the mill, and the result is the same. So, suppose this infant son was at the end of his nursing period; the ruling follows the majority, as if he had been weaned. On the contrary, if he was at the beginning of his nursing period, meaning very small, then in that case, the milk he nurses from his mother, who is married to this new husband, has an effect on the milk bond in her, because it connects them.
The questioner: Yes.
The Shaykh : And between that are doubtful matters. And the summary of the answer, and Allah knows best, is as I told you first: there is no explicit text in it, and second, there is this extreme precision. If this son, when his mother married her maternal uncle, was at the end of his nursing period, then marriage between him and that daughter is possible. And if he was at the beginning, then it is not. And if it is between that, "then leave what causes doubt to that which does not cause doubt."
The questioner : May Allah reward you with good.
The Shaykh : Is that clear?
The questioner : Clear, Shaykh.
The Shaykh : When the deceased's brother married his wife, how old was this daughter?
The questioner: Small.
The Shaykh : You know, small. You say small, like if you said an infant, is that not so?
The questioner: Yes.
The Shaykh : So you have not answered me.
The questioner : I mean, the daughter is small and the son is small, meaning the son is an infant, just like the daughter is an infant.
The Shaykh : Stay in your place. What is my question?
The questioner : Your question is whether the daughter is small or not small, that sort of thing.
The Shaykh : That is not it. How old was she?
The questioner : I do not know.
The Shaykh : Yes, that is an answer. You do not tell me "small, small, infant"; it means the same thing. And your question is that she is an infant. This issue is one of the fine points of the issues. First, there is no explicit text in it. Second, the precision in it lies in the difference: if the brother had married this wife after her weaning, there would be no problem.
The questioner: Yes.
The Shaykh : But the question is before the weaning, and here is the precision, which is what led me to ask how old she was when her mother married her maternal uncle, is that not so?
The questioner : The infant is a son.
The Shaykh : The infant.
The questioner : The one who is not weaned is a son, and the daughter is with the maternal uncle.
The Shaykh : Well, it all goes around the mill, and the result is the same. So, suppose this infant son was at the end of his nursing period; the ruling follows the majority, as if he had been weaned. On the contrary, if he was at the beginning of his nursing period, meaning very small, then in that case, the milk he nurses from his mother, who is married to this new husband, has an effect on the milk bond in her, because it connects them.
The questioner: Yes.
The Shaykh : And between that are doubtful matters. And the summary of the answer, and Allah knows best, is as I told you first: there is no explicit text in it, and second, there is this extreme precision. If this son, when his mother married her maternal uncle, was at the end of his nursing period, then marriage between him and that daughter is possible. And if he was at the beginning, then it is not. And if it is between that, "then leave what causes doubt to that which does not cause doubt."
The questioner : May Allah reward you with good.
The Shaykh : Is that clear?
The questioner : Clear, Shaykh.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.