I married a wife, and four months after consummating the marriage, I received news that she had been breastfed by my brother’s wife through breastfeeding for ten days, knowing that her father, her mother, and the husband of the breastfeeding woman denied this.
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The questioner : May Allah prolong your life, O honorable Shaykh: I married a wife, and four months after consummating the marriage, I received news that she had been breastfed by...
The Shaykh : Repeat, repeat, and bit by bit.
The questioner : I married a wife, and four months after consummating the marriage, I received news that she had been breastfed by my brother’s wife through breastfeeding for ten days, knowing that her father, her mother, and the husband of the breastfeeding woman denied this. Is she forbidden to me?
And if she is forbidden to me, am I permitted to demand the return of my right that I paid to her?
The Shaykh : If the woman who reported that she breastfed her is trustworthy and reliable, then her statement is accepted, even if her husband, the husband’s father, or his mother denies it, because the one who affirms takes precedence over the one who denies. Based on this: it becomes clear that the marriage is invalid, so one of them must separate from the other.
As for the mahr, if he had intercourse with her, it belongs to her in full for what he made lawful of her private parts, and he is not entitled to any of it. As for the children who came from this woman, they are legitimate children, because they were created from a doubtful intercourse, so their lineage is established with them. So now there are three things:
First: We give precedence to the statement of the breastfeeding woman if she is trustworthy, and we do not consider the contradicting statement.
Second: She is entitled to the full mahr if he had intercourse with her for what he made lawful of her private parts.
Third: As for the children, they are legitimate children of their father, because they were created from a doubtful intercourse.
The Shaykh : Repeat, repeat, and bit by bit.
The questioner : I married a wife, and four months after consummating the marriage, I received news that she had been breastfed by my brother’s wife through breastfeeding for ten days, knowing that her father, her mother, and the husband of the breastfeeding woman denied this. Is she forbidden to me?
And if she is forbidden to me, am I permitted to demand the return of my right that I paid to her?
The Shaykh : If the woman who reported that she breastfed her is trustworthy and reliable, then her statement is accepted, even if her husband, the husband’s father, or his mother denies it, because the one who affirms takes precedence over the one who denies. Based on this: it becomes clear that the marriage is invalid, so one of them must separate from the other.
As for the mahr, if he had intercourse with her, it belongs to her in full for what he made lawful of her private parts, and he is not entitled to any of it. As for the children who came from this woman, they are legitimate children, because they were created from a doubtful intercourse, so their lineage is established with them. So now there are three things:
First: We give precedence to the statement of the breastfeeding woman if she is trustworthy, and we do not consider the contradicting statement.
Second: She is entitled to the full mahr if he had intercourse with her for what he made lawful of her private parts.
Third: As for the children, they are legitimate children of their father, because they were created from a doubtful intercourse.