The ruling on one who married a woman who was breastfed by his father's wife
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Question:
The listener Ibrahim (E. K.), a Syrian national, sent a message saying: I married my cousin, and she bore me two sons, praise be to Allah. A while ago, I traveled to Syria, and the family gathered at my house. My aunt, my wife's mother, told me that my wife was breastfed by my aunt, my father's wife, more than five times. And since that day...
The Shaykh: My aunt.
The presenter: He says: She was breastfed by my aunt, my father's wife, more than five times. And since that day, I have stayed away from the marital bed, and I have not informed my wife of this. I am confused about my situation. What is required of me?
Please advise us, and may Allah guide you.
The Shaykh: Repeat it again, Allah is the Helper.
The presenter: Allah is the Helper. I married my cousin, and she bore me two sons, praise be to Allah. A while ago, I traveled to Syria, and the family gathered at my house. My aunt, my wife's mother, told me that my wife was breastfed by my aunt, my father's wife, more than five times. And since that day, I have stayed away from the marital bed, and I have not informed my wife of this. I am confused about my situation. What is required of me?
Please advise us, and may Allah guide you.
Answer:
Through this breastfeeding, she becomes your sister through your father, and the marriage is invalid, provided that the informant, who is her mother, is trustworthy, known for truthfulness, justice, and uprightness, and is not suspected of wanting to separate you from her daughter.
The presenter: Or wanting to separate that one.
The Shaykh: The point is: She must be trustworthy, known by people for prayer, uprightness, and truthfulness, and there must be nothing that undermines her testimony. She must be known for uprightness, truthfulness, and maintaining prayers, and there must be no defect that prevents her testimony.
As for your children, your children follow you; because they were born under the suspicion of the marriage.
So the result is: It is obligatory to verify this matter. You should stay away from the woman, verify, and ask. There is no harm in bringing her before a Shari'ah judge who will question her, or before some of the scholars there who will warn her of Allah and caution her against being lax, and they will find out what she has. They should also ask those who know her regarding her uprightness, and that she is a trustworthy, religious woman, not one who worships graves or asks the awliya (close friends of Allah) and the righteous for help, or is lax in prayer, or is not among those known for other sins. If she is trustworthy and has no defect, then stay away from the wife at that time, and give her a divorce certificate for one divorce so that she can rely on it when she wishes to marry. Give her a Shari'ah certificate.
This is after verifying the matters. You should stay away from her and continue to ask and look into the matter until you know that her mother is trustworthy, and that she is not suspected of anything in that regard, and your heart is reassured about separating from your wife after the existence of justifications that leave no doubt in the testimony. And if it is through some of the good judges or the known scholars, you should bring her to them along with the witnesses who know her; so that the matter is done with insight and based on the fatwa of the scholars of knowledge. Yes.
The presenter: May Allah reward you with good.
The listener Ibrahim (E. K.), a Syrian national, sent a message saying: I married my cousin, and she bore me two sons, praise be to Allah. A while ago, I traveled to Syria, and the family gathered at my house. My aunt, my wife's mother, told me that my wife was breastfed by my aunt, my father's wife, more than five times. And since that day...
The Shaykh: My aunt.
The presenter: He says: She was breastfed by my aunt, my father's wife, more than five times. And since that day, I have stayed away from the marital bed, and I have not informed my wife of this. I am confused about my situation. What is required of me?
Please advise us, and may Allah guide you.
The Shaykh: Repeat it again, Allah is the Helper.
The presenter: Allah is the Helper. I married my cousin, and she bore me two sons, praise be to Allah. A while ago, I traveled to Syria, and the family gathered at my house. My aunt, my wife's mother, told me that my wife was breastfed by my aunt, my father's wife, more than five times. And since that day, I have stayed away from the marital bed, and I have not informed my wife of this. I am confused about my situation. What is required of me?
Please advise us, and may Allah guide you.
Answer:
Through this breastfeeding, she becomes your sister through your father, and the marriage is invalid, provided that the informant, who is her mother, is trustworthy, known for truthfulness, justice, and uprightness, and is not suspected of wanting to separate you from her daughter.
The presenter: Or wanting to separate that one.
The Shaykh: The point is: She must be trustworthy, known by people for prayer, uprightness, and truthfulness, and there must be nothing that undermines her testimony. She must be known for uprightness, truthfulness, and maintaining prayers, and there must be no defect that prevents her testimony.
As for your children, your children follow you; because they were born under the suspicion of the marriage.
So the result is: It is obligatory to verify this matter. You should stay away from the woman, verify, and ask. There is no harm in bringing her before a Shari'ah judge who will question her, or before some of the scholars there who will warn her of Allah and caution her against being lax, and they will find out what she has. They should also ask those who know her regarding her uprightness, and that she is a trustworthy, religious woman, not one who worships graves or asks the awliya (close friends of Allah) and the righteous for help, or is lax in prayer, or is not among those known for other sins. If she is trustworthy and has no defect, then stay away from the wife at that time, and give her a divorce certificate for one divorce so that she can rely on it when she wishes to marry. Give her a Shari'ah certificate.
This is after verifying the matters. You should stay away from her and continue to ask and look into the matter until you know that her mother is trustworthy, and that she is not suspected of anything in that regard, and your heart is reassured about separating from your wife after the existence of justifications that leave no doubt in the testimony. And if it is through some of the good judges or the known scholars, you should bring her to them along with the witnesses who know her; so that the matter is done with insight and based on the fatwa of the scholars of knowledge. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.