Ruling on a man who married a woman who was breastfed by his mother four times
Machine translationRead the Arabic original
Question:
This questioner, Muhsin Sabir Abdul Latif, is an Egyptian working in Ta'if. He says: I married a girl who is my maternal uncle's daughter, but she was breastfed along with one of my younger brothers, and she was breastfed four times, satiated, over long periods. I have five children from her. What is the ruling on this breastfeeding? Is she considered my sister or not? And what is the ruling if it was my brother who was breastfed by her mother, while she was not breastfed by my mother?
Answer:
If she was breastfed by your mother five times or more, then she is your sister and the marriage is invalid. However, if the breastfeeding was less than five, whether it was four times, even if satiated, or three times or less, then it is not taken into account. This is based on what is established from the Prophet (peace and blessings be upon him) that he said to Sahlah bint Sahil: It is also established in Sahih Muslim from A'ishah (may Allah be pleased with her) that she said: "Among what was revealed in the Qur'an were ten known breastfeedings that prohibit marriage, then they were abrogated by five known breastfeedings. The Prophet (peace and blessings be upon him) passed away while the matter remained as such." Imam Muslim narrated it in his Sahih, and al-Tirmidhi (may Allah have mercy on him) in his Jami', and this is his wording.
Furthermore, the breastfeeding must occur within the first two years. If the breastfeeding occurred after the two years, it is not taken into account. This is based on his (peace and blessings be upon him) saying:Bulugh al-Maram 8:198, If she was breastfed by your mother five times or more, and a trustworthy man or woman, or your mother if she is trustworthy, testifies to this, then the marriage is not valid, and you must separate from her. The child from her is attributed to you because you did not intend the invalidity. Thus, the child is attributed to you, meaning her children, male and female, are attributed to you, because it is a marriage of doubt, and neither of you knew that she was a foster sister; so the excuse remains.
As for your brother being breastfed by her mother, that does not harm you. He is not permitted to marry any of her daughters because he has become a brother to her daughters. As for you, no, if she breastfed him five times or more within the two years, he becomes a brother to her children, and it is forbidden for him to marry her daughters. As for you, you are a stranger to her, unless she is breastfed by your mother or you are breastfed by her mother with a legal breastfeeding that reaches five times or more, yes, within the two years.
This questioner, Muhsin Sabir Abdul Latif, is an Egyptian working in Ta'if. He says: I married a girl who is my maternal uncle's daughter, but she was breastfed along with one of my younger brothers, and she was breastfed four times, satiated, over long periods. I have five children from her. What is the ruling on this breastfeeding? Is she considered my sister or not? And what is the ruling if it was my brother who was breastfed by her mother, while she was not breastfed by my mother?
Answer:
If she was breastfed by your mother five times or more, then she is your sister and the marriage is invalid. However, if the breastfeeding was less than five, whether it was four times, even if satiated, or three times or less, then it is not taken into account. This is based on what is established from the Prophet (peace and blessings be upon him) that he said to Sahlah bint Sahil:
Breastfeed Salim five feedings and you will be forbidden to him
أرضعي سالمًا خمس رضعات تحرمي عليهFurthermore, the breastfeeding must occur within the first two years. If the breastfeeding occurred after the two years, it is not taken into account. This is based on his (peace and blessings be upon him) saying:
Suckling applies only (to infants) during the first two years (of their life).
لا رضاع إلا في الحولينThere is no breastfeeding except what builds the bone and grows the flesh, and it must be before weaning
لا رضاع إلا ما أنشأ العظم وأنبت اللحم، وكان قبل الفطامAs for your brother being breastfed by her mother, that does not harm you. He is not permitted to marry any of her daughters because he has become a brother to her daughters. As for you, no, if she breastfed him five times or more within the two years, he becomes a brother to her children, and it is forbidden for him to marry her daughters. As for you, you are a stranger to her, unless she is breastfed by your mother or you are breastfed by her mother with a legal breastfeeding that reaches five times or more, yes, within the two years.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
