He says: I married my maternal aunt’s daughter and we had two children. After that, I learned that she had been breastfed by my mother along with my brother, and I had been breastfed by her mother along with her brother. Then I left her after that.
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The questioner : He says: I married my maternal aunt’s daughter and we had two children. After that, I learned that she had been breastfed by my mother along with my brother, and I had been breastfed by her mother along with her brother. Then I left her after that because of the breastfeeding. However, when I asked some people, they told me that since the breastfeeding was not directly between you two, but rather with your brother and her brother, this does not make it forbidden. Then I took her back after that and we had two more children. What is the ruling of the Shari'ah in this matter? Please inform us. May Allah reward you.
The Shaykh : First, it should be known that the breastfeeding that is forbidden, by which the motherhood of the nursing woman is established, is what amounts to five breastfeedings or more before weaning. So, if this wife you married had been breastfed by your mother five times before she was weaned, or if you had been breastfed by her mother five times before you were weaned, then the brotherhood is established, whether this breastfeeding was directly between you two, meaning from the same womb, or if she was breastfed with your brother, or if you were breastfed with her brother. This is because the mother is one. When your mother breastfed her, she became her daughter. And if she is your mother’s daughter, she is your sister. And when her mother breastfed you, you became her mother’s son, so you are her brother, whether you were breastfed with her, or with a son before her, or after her. However, the criterion is the number of breastfeedings that occurred from you or from her. If you were breastfed by her mother five times, she is not lawful for you because she is your sister. And if she was breastfed by your mother five times, she is not lawful for you either because she is your sister, whether she was breastfed from the milk that resulted from the pregnancy in you, or from the milk that resulted from the pregnancy in her, or from previous or subsequent milk. The same applies to her. The important thing is that you must now investigate whether the breastfeeding occurred five times from her to your mother, or from you to her mother. If that is the case, the marriage is invalid, and you must separate from her. However, the children are legitimate children of yours, because they were created from the fluid of one who believed it to be lawful. This is intercourse under doubt, so the children are yours.
The questioner : May Allah reward you with good.
The Shaykh : First, it should be known that the breastfeeding that is forbidden, by which the motherhood of the nursing woman is established, is what amounts to five breastfeedings or more before weaning. So, if this wife you married had been breastfed by your mother five times before she was weaned, or if you had been breastfed by her mother five times before you were weaned, then the brotherhood is established, whether this breastfeeding was directly between you two, meaning from the same womb, or if she was breastfed with your brother, or if you were breastfed with her brother. This is because the mother is one. When your mother breastfed her, she became her daughter. And if she is your mother’s daughter, she is your sister. And when her mother breastfed you, you became her mother’s son, so you are her brother, whether you were breastfed with her, or with a son before her, or after her. However, the criterion is the number of breastfeedings that occurred from you or from her. If you were breastfed by her mother five times, she is not lawful for you because she is your sister. And if she was breastfed by your mother five times, she is not lawful for you either because she is your sister, whether she was breastfed from the milk that resulted from the pregnancy in you, or from the milk that resulted from the pregnancy in her, or from previous or subsequent milk. The same applies to her. The important thing is that you must now investigate whether the breastfeeding occurred five times from her to your mother, or from you to her mother. If that is the case, the marriage is invalid, and you must separate from her. However, the children are legitimate children of yours, because they were created from the fluid of one who believed it to be lawful. This is intercourse under doubt, so the children are yours.
The questioner : May Allah reward you with good.