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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on one who was forced into marriage and then found a suspicion of milk kinship between them

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Question:
In the name of Allah, the Most Gracious, the Most Merciful.
My dear father, the honorable Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, may Allah keep you alive.
I hope you will answer my question, for I am confused about my situation. May Allah bless you and grant you a great reward.
My father forced me to marry my cousin, and I was disgusted and averse to my cousin, and I do not know the reason. The marriage took place while my heart was averse, and I felt severe distress, worries, and grief. I had no intention directed toward any other man, and I found no way out of this matter. I have given birth to three children, all of whom are mute and deaf. It was said to me that the reason is that there was some breastfeeding between me and the aforementioned cousin. I asked my mother, and she informed me that there were several breastfeedings between me and him. She informed me that she had told my father about this during my wedding to this man, or even during my engagement to him, but he did not believe her; rather, he thought she wanted me for another man. I am confused about what to do now. I ask for clarification, detail, and guidance to what is in my best interest?
The questioner: (N. A. A.) from Northern Yemen, the Hodeidah district.

Answer:
There is no doubt that it is obligatory for every man to fear Allah regarding his daughters, and not to marry his daughter off except with her consent, and not to force her to marry someone she does not approve of. This is the obligation of the guardians: the father, brothers, uncles, and others. It is obligatory for them all not to marry off their wards except with their permission. The father, in particular, may be lenient in this matter, because some scholars permit him to marry her off without her choice if she is a virgin. However, this opinion, although held by some scholars, is a weak and weaker position. The correct view is that he has no right to marry off his daughters—whether virgins or previously married—except with their permission, once they have reached the age of nine or more. This is based on the saying of the Prophet (peace and blessings be upon him):
A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not.لا تنكح البكر حتى تستأذن، ولا تنكح الأيم حتى تستأمر
Sahih al-Bukhari 6968
They said: O Messenger of Allah, the virgin is shy, so how is her permission given? He said:
Her permission is her silenceإذنها سكوتها
And he (peace and blessings be upon him) said:
The virgin is asked for her permission by her father, and her permission is her silenceالبكر يستأذنها أبوها، وإذنها صماتها
.
The Prophet (peace and blessings be upon him) explicitly stated that neither the father nor anyone else has the right to marry off a ward except with her permission. The father is the primary guardian, yet he is prohibited from marrying her off without her permission. Therefore, the other guardians are even more strictly prohibited from doing so. However, if you obeyed and agreed when he ordered you to marry, to please him, out of love for him, and in respect for his command—even though you were averse—there is no blame on you, and the marriage is valid.
As for the occurrence of the three deaf and mute sons, this is a matter left to Allah. It may have causes other than the breastfeeding you mentioned; it may have other causes. You bear no blame for this, because you did not know about the breastfeeding. The blame lies with your father, who knew about the breastfeeding and was lenient. The sin is upon him, and he must repent to Allah for that.
If the mother preserved five breastfeedings, then he becomes your brother, and you are not permitted to marry him, and the marriage is invalid. However, you bear no sin, because you did not know. The children, as you mentioned, are attributed to their father due to ignorance and lack of knowledge of the invalidity of the marriage.
It is obligatory for your father to repent to Allah for that. If your mother is trustworthy and testifies to five breastfeedings or more, while your cousin was within the two-year period, then the marriage is invalid, and the sin is established upon your father. Your mother also has a share of that, because she did not inform you, did not take the matter seriously, and did not be strict about it. So she has her share of the sin, but the father's sin is greater.
As for if the breastfeeding was less than that: one, two, three, or four breastfeedings, then the marriage is valid, because prohibition is only established by five breastfeedings or more, known to have occurred within the two-year period, provided that the witness is trustworthy regarding this.
A breastfeeding is when the infant or infants hold the breast and suckle the milk, then release it. This is called a breastfeeding.
So if your cousin breastfed from your mother five times or more, in each instance holding the breast, suckling the milk, and it going into his stomach, then returning to breastfeed again, until he completes five in one sitting or in multiple sittings, in one day or in multiple days, then you are his sister, and the marriage is invalid.
I ask Allah to heal your three sons, to magnify your reward, and to forgive your father for the error and negligence that occurred from him, and to forgive your mother for the negligence that occurred from her. We ask Allah to forgive everyone, and to compensate you with something better than your cousin if the breastfeeding is established, or to divorce you, because you dislike him.
In any case, this is a calamity, and this world is the abode of calamities. We ask Allah to make the outcome good for everyone.

The 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.

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