The breastfeeding that results in prohibition
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Question: The Custodian of the Two Holy Mosques, the President of the General Commission for Research and Ifta, Da'wah, and Guidance (may Allah preserve him).
Peace be upon you, and Allah’s mercy and blessings, and after that:
With reference to your letter No. 70/Kh, dated 21/1/1404 AH, we had written to her regarding her attendance at our office, under No. 334, dated 8/2/1404 AH. However, she was prevented from attending and wrote her response at the bottom of our letter, the number and date of which are mentioned above. However, the writing is unclear. From the writing of N. S., I learned and understood that she says: "I have nothing but what her mother and grandmother have." Since they did not have anyone witness her response, we sent men to write her response a second time and witness it. Indeed, they brought her response on the attached paper, dated 10/2/1404 AH, and we recorded it with us under No. 526, dated 11/2/1404 AH.
Since she said in her response: "I have nothing but what her mother and grandmother have," we wrote to her under No. 378, dated 12/2/1404 AH, and requested their response. Then they provided us with the attached response, which was recorded with us under No. 546, dated 15/2/1404 AH. Here is your letter No. 70/Kh, dated 21/1/1404 AH, and two letters from us to the women, and two responses from them; for your review and to take the necessary action. May Allah preserve you. And peace be upon you, and the mercy of Allah and His blessings.
Judge of the al-Ha'it Court
To the Honorable, the Virtuous Judge of the al-Ha'it Court, may Allah guide him to what is good.
Peace be upon you, and Allah’s mercy and blessings, and after that:
I, M. S. and S. 'A., and her daughter M. 'A., have appeared, as claimed by N. S. regarding the breastfeeding of M. N. However, when we conducted the inquiry with her grandmother S. 'A. and her mother M. 'A., it became clear to us that her grandmother has no knowledge of the matter. Her mother responded: "When she gave birth to her son, N. S. was present with her." M. 'A. said: "I was in a state of unconsciousness, and N. S. put her breast in her mouth." M. 'A. also said: "I have no knowledge of whether the breast was milked in her mouth or not?"
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the presence of the Honorable Brother, the Virtuous Judge of the al-Ha'it Court, may Allah guide him to what is good. Amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter No. 396, dated 15/2/1404 AH, has arrived, may Allah guide you. I have reviewed what your virtue recorded regarding the breastfeeding of N. S. to N. Kh., N. M.
After reviewing the response of N. S., and the response of M. 'A. (the mother of N. M.), and the response of S. 'A. (the grandmother of N. M.), it became clear from that: that they do not have a valid testimony regarding valid breastfeeding. Consequently, it is known that there is no harm on the aforementioned M. S. in marrying the mother of his brother's children, N. M., while his first wife, N. Kh., remains in his marriage; because there is no Shari'ah breastfeeding that prevents this. For the breastfeeding that results in prohibition—in the most correct opinion of the scholars of knowledge—must be five known sucklings while the infant is within the two-year period, as is not hidden. And nothing of that has been established in this case. So I hope you will inform everyone of this. May Allah reward you.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah’s mercy and blessings, and after that:
With reference to your letter No. 70/Kh, dated 21/1/1404 AH, we had written to her regarding her attendance at our office, under No. 334, dated 8/2/1404 AH. However, she was prevented from attending and wrote her response at the bottom of our letter, the number and date of which are mentioned above. However, the writing is unclear. From the writing of N. S., I learned and understood that she says: "I have nothing but what her mother and grandmother have." Since they did not have anyone witness her response, we sent men to write her response a second time and witness it. Indeed, they brought her response on the attached paper, dated 10/2/1404 AH, and we recorded it with us under No. 526, dated 11/2/1404 AH.
Since she said in her response: "I have nothing but what her mother and grandmother have," we wrote to her under No. 378, dated 12/2/1404 AH, and requested their response. Then they provided us with the attached response, which was recorded with us under No. 546, dated 15/2/1404 AH. Here is your letter No. 70/Kh, dated 21/1/1404 AH, and two letters from us to the women, and two responses from them; for your review and to take the necessary action. May Allah preserve you. And peace be upon you, and the mercy of Allah and His blessings.
Judge of the al-Ha'it Court
To the Honorable, the Virtuous Judge of the al-Ha'it Court, may Allah guide him to what is good.
Peace be upon you, and Allah’s mercy and blessings, and after that:
I, M. S. and S. 'A., and her daughter M. 'A., have appeared, as claimed by N. S. regarding the breastfeeding of M. N. However, when we conducted the inquiry with her grandmother S. 'A. and her mother M. 'A., it became clear to us that her grandmother has no knowledge of the matter. Her mother responded: "When she gave birth to her son, N. S. was present with her." M. 'A. said: "I was in a state of unconsciousness, and N. S. put her breast in her mouth." M. 'A. also said: "I have no knowledge of whether the breast was milked in her mouth or not?"
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the presence of the Honorable Brother, the Virtuous Judge of the al-Ha'it Court, may Allah guide him to what is good. Amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter No. 396, dated 15/2/1404 AH, has arrived, may Allah guide you. I have reviewed what your virtue recorded regarding the breastfeeding of N. S. to N. Kh., N. M.
After reviewing the response of N. S., and the response of M. 'A. (the mother of N. M.), and the response of S. 'A. (the grandmother of N. M.), it became clear from that: that they do not have a valid testimony regarding valid breastfeeding. Consequently, it is known that there is no harm on the aforementioned M. S. in marrying the mother of his brother's children, N. M., while his first wife, N. Kh., remains in his marriage; because there is no Shari'ah breastfeeding that prevents this. For the breastfeeding that results in prohibition—in the most correct opinion of the scholars of knowledge—must be five known sucklings while the infant is within the two-year period, as is not hidden. And nothing of that has been established in this case. So I hope you will inform everyone of this. May Allah reward you.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.