Acting on Circumstantial Evidence in Breastfeeding
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Question: Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet.
Based on the letter from His Eminence Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, number (2), dated 4/1/1404 AH, which included bringing the woman: Sh. D. M., and questioning her about the duration of breastfeeding, the number of sucklings, and her certainty that the milk reached the stomach of Kh. R. in every suckling, and questioning those who know her about her integrity. How many times did you breastfeed Kh. R.? Did your milk from the (disc) of your breast reach the stomach of Kh. R. or not?
She stated: I breastfed Kh. R. many times, and I cannot count them. She added, saying: The mother of (Kh) had an illness in her left breast, and they cut it open and treated it at that time. (Kh) remained with me, and I breastfed him along with my son for a period, some of it at night, then they would take him to his mother, and some of it during the day, then they would return him to his mother, until his mother recovered. I cannot count the months and years, and I do not know the number of times I breastfed Kh. R. Yes, my milk from the (discs) of my breast reached the stomach of Kh. R. He would hold the breast until he was satisfied, then release the disc many times; I do not know the number.
After that, we removed the aforementioned woman from the session, then we brought in the men who know her and know her integrity throughout her life. One of them is: M. R. R. When questioned about this woman, he said: She is my grandmother (my grandfather's wife): R. M. He mentioned that she is religious, fasts, prays, and is known for truthfulness with people. The second witness: M. R. R. mentioned exactly what the first witness mentioned, word for word. This is what reached us and was recorded from the answer of the woman: Sh. D., and the answers of the witnesses: M. R. R. and M. R. Accordingly, the signatures were affixed. And may Allah send blessings and peace upon our Prophet Muhammad, and upon his family and his companions.
Judge of the al-Ha'it Court
S. 'A. G.
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the virtuous Judge of al-Ha'it—may Allah grant you understanding in good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: We are returning to your virtue all the documents related to the breastfeeding of Sh. D. of Kh. R.
We inform you: It appears from her words that she breastfed him more than five times; because a cut breast does not usually heal in two or three days.
So I hope you will inform everyone: That the marriage of the questioner (Kh) mentioned to his cousin is not valid; because, given the situation described, he has become her uncle through breastfeeding; due to the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 1937Sahih (Darussalam) So I hope you will inform everyone of this. May Allah reward your efforts.
And peace be upon you and the mercy of Allah and His blessings.
Abdul Aziz ibn Abdullah ibn Baz
Based on the letter from His Eminence Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, number (2), dated 4/1/1404 AH, which included bringing the woman: Sh. D. M., and questioning her about the duration of breastfeeding, the number of sucklings, and her certainty that the milk reached the stomach of Kh. R. in every suckling, and questioning those who know her about her integrity. How many times did you breastfeed Kh. R.? Did your milk from the (disc) of your breast reach the stomach of Kh. R. or not?
She stated: I breastfed Kh. R. many times, and I cannot count them. She added, saying: The mother of (Kh) had an illness in her left breast, and they cut it open and treated it at that time. (Kh) remained with me, and I breastfed him along with my son for a period, some of it at night, then they would take him to his mother, and some of it during the day, then they would return him to his mother, until his mother recovered. I cannot count the months and years, and I do not know the number of times I breastfed Kh. R. Yes, my milk from the (discs) of my breast reached the stomach of Kh. R. He would hold the breast until he was satisfied, then release the disc many times; I do not know the number.
After that, we removed the aforementioned woman from the session, then we brought in the men who know her and know her integrity throughout her life. One of them is: M. R. R. When questioned about this woman, he said: She is my grandmother (my grandfather's wife): R. M. He mentioned that she is religious, fasts, prays, and is known for truthfulness with people. The second witness: M. R. R. mentioned exactly what the first witness mentioned, word for word. This is what reached us and was recorded from the answer of the woman: Sh. D., and the answers of the witnesses: M. R. R. and M. R. Accordingly, the signatures were affixed. And may Allah send blessings and peace upon our Prophet Muhammad, and upon his family and his companions.
Judge of the al-Ha'it Court
S. 'A. G.
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the virtuous Judge of al-Ha'it—may Allah grant you understanding in good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: We are returning to your virtue all the documents related to the breastfeeding of Sh. D. of Kh. R.
We inform you: It appears from her words that she breastfed him more than five times; because a cut breast does not usually heal in two or three days.
So I hope you will inform everyone: That the marriage of the questioner (Kh) mentioned to his cousin is not valid; because, given the situation described, he has become her uncle through breastfeeding; due to the saying of the Prophet (peace and blessings be upon him):
Breast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النسبAnd peace be upon you and the mercy of Allah and His blessings.
Abdul Aziz ibn Abdullah ibn Baz
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.