Ruling on one who married his maternal aunt’s daughter, then was informed that she and her mother had been breastfed by his mother
Machine translationRead the Arabic original
Question:
A message reached the program from one of the listening brothers, (A. A. S.), who says: I married my maternal aunt’s daughter, my mother’s sister from the father, two years ago. My mother came to stay with me for two months, then returned to the country. Likewise, I sent my wife to her family to give birth there. About a month after they left, my brother called from the country to say that my mother told him that she had breastfed my maternal aunt, that is, my wife’s mother, along with her eldest daughter. I went to the country and found my mother saying the same thing, but she said she was not sure how many times she had breastfed her, as the period was long. I asked my grandmother, my maternal aunt’s mother, and she denied it. Since then, I have not approached my wife. My wife has given birth to a son who is two months old. I am confused: should I divorce her? Is there a sin on my mother? What is the expiation? Do I have the right to any of the mahr I gave them if I divorce her, or does she have a right to maintenance that I must pay? I ask you to inform me about this matter and this issue. May Allah reward you with good.
Answer:
If the mother does not have a precise count of the breastfeedings—whether it was five, three, or two—then there is no harm on you, and your wife remains with you, and praise be to Allah. However, if the mother is certain that she breastfed her sister five times or more, then this necessitates that this wife, whose mother was breastfed by your mother, becomes your sister’s daughter, and your maternal aunt becomes your sister; because your mother breastfed her. If she breastfed her five times, the maternal aunt becomes your sister, and your wife becomes your sister’s daughter; thus the marriage is invalid. If the mother is certain that the breastfeeding was five times, and it is established that the mother is trustworthy and there is no harm in her testimony, then the marriage is invalid due to this breastfeeding, and you must separate from her. But as long as the mother has doubt and does not have a precise count of the number of breastfeedings, praise be to Allah, your wife remains with you, and there is no blame on you, and praise be to Allah. Yes.
The presenter : May Allah reward you with good, O Shaykh. Is there a word regarding not causing confusion among spouses with this breastfeeding? When a dispute arises between the wife and the husband’s mother, the issue of breastfeeding is raised in many cases. Is there any guidance if you would be so kind?
The Shaykh : Yes, we advise the sisters in Allah to beware of lying about breastfeeding, or being lax about breastfeeding, or causing confusion regarding breastfeeding. As long as a woman does not have a precise count of five breastfeedings, she should not speak about it and cause confusion among people.
However, if she has a precise count, it is obligatory for her to fear Allah and report what she knows. Allah says: [al-Baqarah: 283] If she is certain that she breastfed so-and-so five times, or so-and-so five times, or more, then she must clarify it and fear Allah. It is not permissible for her to speak about something that has no basis, or about illusions and lack of precision. All of this is not permissible, because it causes confusion among people and harms them without benefit. We ask Allah for guidance for everyone. Yes.
The presenter : O Allah, amen. May Allah reward you with good.
A message reached the program from one of the listening brothers, (A. A. S.), who says: I married my maternal aunt’s daughter, my mother’s sister from the father, two years ago. My mother came to stay with me for two months, then returned to the country. Likewise, I sent my wife to her family to give birth there. About a month after they left, my brother called from the country to say that my mother told him that she had breastfed my maternal aunt, that is, my wife’s mother, along with her eldest daughter. I went to the country and found my mother saying the same thing, but she said she was not sure how many times she had breastfed her, as the period was long. I asked my grandmother, my maternal aunt’s mother, and she denied it. Since then, I have not approached my wife. My wife has given birth to a son who is two months old. I am confused: should I divorce her? Is there a sin on my mother? What is the expiation? Do I have the right to any of the mahr I gave them if I divorce her, or does she have a right to maintenance that I must pay? I ask you to inform me about this matter and this issue. May Allah reward you with good.
Answer:
If the mother does not have a precise count of the breastfeedings—whether it was five, three, or two—then there is no harm on you, and your wife remains with you, and praise be to Allah. However, if the mother is certain that she breastfed her sister five times or more, then this necessitates that this wife, whose mother was breastfed by your mother, becomes your sister’s daughter, and your maternal aunt becomes your sister; because your mother breastfed her. If she breastfed her five times, the maternal aunt becomes your sister, and your wife becomes your sister’s daughter; thus the marriage is invalid. If the mother is certain that the breastfeeding was five times, and it is established that the mother is trustworthy and there is no harm in her testimony, then the marriage is invalid due to this breastfeeding, and you must separate from her. But as long as the mother has doubt and does not have a precise count of the number of breastfeedings, praise be to Allah, your wife remains with you, and there is no blame on you, and praise be to Allah. Yes.
The presenter : May Allah reward you with good, O Shaykh. Is there a word regarding not causing confusion among spouses with this breastfeeding? When a dispute arises between the wife and the husband’s mother, the issue of breastfeeding is raised in many cases. Is there any guidance if you would be so kind?
The Shaykh : Yes, we advise the sisters in Allah to beware of lying about breastfeeding, or being lax about breastfeeding, or causing confusion regarding breastfeeding. As long as a woman does not have a precise count of five breastfeedings, she should not speak about it and cause confusion among people.
However, if she has a precise count, it is obligatory for her to fear Allah and report what she knows. Allah says:
And do not conceal testimony
وَلا تَكْتُمُوا الشَّهَادَةَThe presenter : O Allah, amen. May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
