The ruling on a woman who married a man from whom she was breastfed along with his young brother
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Question: I am a young woman who married my cousin about four years ago. Before I married him, we asked a scholar in our country: Is my marriage to him lawful or not? Because I was breastfed by his mother along with his young brother, who is close to me in age. The age difference between me and my husband is fifteen years, and this is the same age difference between him and his brother. That scholar told us: You are lawful for him.
The marriage was conducted in the required manner. After two years of our marriage, there was a scholarly forum on a television program in Morocco, and the scholars issued a ruling of prohibition. My husband and I became confused about our situation.
We request that you inform us: Is this marriage lawful or forbidden? And am I considered my husband’s sister through breastfeeding, or am I the sister of his brother with whom I shared the breastfeeding only?
Answer: If your breastfeeding from your husband’s mother was five times or more, while you were within the two-year period, then you are his sister through breastfeeding—even if you were breastfed along with his young brother—by the consensus of the Muslims. The one who issued you a fatwa that you are lawful for him has made a great error in that, and issued a fatwa without knowledge. Allah the Exalted said in His great Book, in the explanation of the prohibited relatives in Surat al-Nisa:[An-Nisa 4:23] until He the Exalted said: [al-Nisa: 23].
In the two Sahihs, from Aisha and Ibn Abbas (may Allah be pleased with them) from the Prophet (peace and blessings be upon him), he said:Sahih Muslim 1445i, and there are many hadiths in this chapter.
May Allah guide everyone to understanding in the religion and steadfastness upon it.
The marriage was conducted in the required manner. After two years of our marriage, there was a scholarly forum on a television program in Morocco, and the scholars issued a ruling of prohibition. My husband and I became confused about our situation.
We request that you inform us: Is this marriage lawful or forbidden? And am I considered my husband’s sister through breastfeeding, or am I the sister of his brother with whom I shared the breastfeeding only?
Answer: If your breastfeeding from your husband’s mother was five times or more, while you were within the two-year period, then you are his sister through breastfeeding—even if you were breastfed along with his young brother—by the consensus of the Muslims. The one who issued you a fatwa that you are lawful for him has made a great error in that, and issued a fatwa without knowledge. Allah the Exalted said in His great Book, in the explanation of the prohibited relatives in Surat al-Nisa:
Prohibited to you [for marriage] are your mothers, your daughters, your sisters
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْyour [milk] mothers who nursed you, your sisters through nursing
وَأُمَّهَاتُكُمُ اللاَّتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِIn the two Sahihs, from Aisha and Ibn Abbas (may Allah be pleased with them) from the Prophet (peace and blessings be upon him), he said:
on account of fosterage as one is Mahram on account of consanguinity
يحرم من الرضاعة ما يحرم من النسبMay Allah guide everyone to understanding in the religion and steadfastness upon it.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.