The ruling on breastfeeding from a woman who produced milk without having given birth
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Question:
We also received a message sent by one of our noble listeners. The sender, Ibrahim Abdul-Wahid Muhammad, says: "My brothers in Allah, I hope to submit this question to you, and I hope, with thanks and appreciation, to receive the reply, either via the radio or by mail. My question is: My mother (may Allah have mercy on her) passed away, leaving behind a small child. My aunt took him in. She was married, but she had never given birth. She produced milk for him, and he nursed from her breast. And so on."
The Shaykh: Repeat.
The presenter: He says: "My question is: My mother (may Allah have mercy on her) passed away, leaving behind a small child. My aunt took him in. She was married, but she had never given birth. She produced milk for him, and he nursed from her breast. After more than three years had passed, Allah willed that she became pregnant and gave birth to a girl. First: What is the ruling regarding this infant in relation to this newborn girl? Is it permissible to marry her? Second: Is she permissible for his maternal brothers?"
Please advise us. May Allah reward you with the best reward.
The Shaykh: First, what?
The presenter: He says: "First: What is the ruling regarding this infant, or the breastfeeding, in relation to this newborn girl? That is, what is the ruling on this girl’s breastfeeding? Is it permissible to marry her?"
Second: Is she permissible for his maternal brothers?
Answer:
There is an issue with the question, but this breastfeeding that occurred from this woman, the child’s aunt, is a legally valid breastfeeding. As long as she produced milk for him, she is his mother. It is not a condition for this that she must have been pregnant.
The correct view is that her production of milk has an effect, even if it was not preceded by pregnancy. This is the correct view; because Allah stated generally: [Surat al-Nisa: 23] So if she breastfed him from what she produced, she is his mother. And all of her children are brothers to this infant, brothers to him, whether they were born before him or after him. This woman who breastfed him and then became pregnant and gave birth to this child, this new child is a brother to the infant. And so are her children after that. Her sisters are his aunts, her brothers are his uncles, her father is his grandfather, and her husband is the father of this infant, even if she did not become pregnant until after that; because his intercourse with her is one of the causes of her producing milk.
So this infant becomes a son to her, and a son to her husband, and a brother to her children who were born after that. Yes, provided that the breastfeeding was five times or more. If the breastfeeding she provided was five times or more, and the child was within the two-year period, meaning: she breastfed him before he exceeded the two-year period. Yes.
The presenter: Meaning: the breastfeeding does not differ in terms of whether she gave birth to the child.
The Shaykh: No, it does not differ. Whether it was due to pregnancy, or due to intercourse, or she produced milk without pregnancy and without intercourse, she is his mother. If she were a virgin who had never been married at all, and then she produced milk for a person, she would be his mother. Her father would be his grandfather, her brothers would be his uncles, and her sisters’ children would be his cousins, and so on. It is not a condition that there be a husband and a pregnancy; it is not a condition. The correct view is that it is not a condition. Yes.
The presenter: So, is the condition of the two-year period for the newborn or for the mother?
The Shaykh: For the newborn. The newborn must be less than two years old; based on the hadith:Bulugh al-Maram 8:198 Bulugh al-Maram 8:197 Sahih al-Bukhari 2647 So the two-year period is for the infant. Yes.
We also received a message sent by one of our noble listeners. The sender, Ibrahim Abdul-Wahid Muhammad, says: "My brothers in Allah, I hope to submit this question to you, and I hope, with thanks and appreciation, to receive the reply, either via the radio or by mail. My question is: My mother (may Allah have mercy on her) passed away, leaving behind a small child. My aunt took him in. She was married, but she had never given birth. She produced milk for him, and he nursed from her breast. And so on."
The Shaykh: Repeat.
The presenter: He says: "My question is: My mother (may Allah have mercy on her) passed away, leaving behind a small child. My aunt took him in. She was married, but she had never given birth. She produced milk for him, and he nursed from her breast. After more than three years had passed, Allah willed that she became pregnant and gave birth to a girl. First: What is the ruling regarding this infant in relation to this newborn girl? Is it permissible to marry her? Second: Is she permissible for his maternal brothers?"
Please advise us. May Allah reward you with the best reward.
The Shaykh: First, what?
The presenter: He says: "First: What is the ruling regarding this infant, or the breastfeeding, in relation to this newborn girl? That is, what is the ruling on this girl’s breastfeeding? Is it permissible to marry her?"
Second: Is she permissible for his maternal brothers?
Answer:
There is an issue with the question, but this breastfeeding that occurred from this woman, the child’s aunt, is a legally valid breastfeeding. As long as she produced milk for him, she is his mother. It is not a condition for this that she must have been pregnant.
The correct view is that her production of milk has an effect, even if it was not preceded by pregnancy. This is the correct view; because Allah stated generally:
your [milk] mothers who nursed you
وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْSo this infant becomes a son to her, and a son to her husband, and a brother to her children who were born after that. Yes, provided that the breastfeeding was five times or more. If the breastfeeding she provided was five times or more, and the child was within the two-year period, meaning: she breastfed him before he exceeded the two-year period. Yes.
The presenter: Meaning: the breastfeeding does not differ in terms of whether she gave birth to the child.
The Shaykh: No, it does not differ. Whether it was due to pregnancy, or due to intercourse, or she produced milk without pregnancy and without intercourse, she is his mother. If she were a virgin who had never been married at all, and then she produced milk for a person, she would be his mother. Her father would be his grandfather, her brothers would be his uncles, and her sisters’ children would be his cousins, and so on. It is not a condition that there be a husband and a pregnancy; it is not a condition. The correct view is that it is not a condition. Yes.
The presenter: So, is the condition of the two-year period for the newborn or for the mother?
The Shaykh: For the newborn. The newborn must be less than two years old; based on the hadith:
Suckling applies only (to infants) during the first two years (of their life).
لا رضاع إلا في الحولينThe suckling that makes marriage unlawful is that which reaches the intestines (i.e. nourishes the child), and is taken before (two years) time of weaning.
لا رضاع إلا ما فتق الأمعاء، وكان قبل الفطامas fostership is only valid if it takes place in the suckling period (before two years of age).
إنما الرضاعة من المجاعة
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
