Conditions for the Establishment of Milk Kinship
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Question:
My aunt, who is my wife’s mother, breastfed her daughter’s son, who is with another husband. She does not know how many times she breastfed him. This boy enters upon my daughters, and they do not veil themselves from him. He says that they are his sisters through breastfeeding. Does the ruling of milk kinship apply when the wet nurse does not know how many times she breastfed?
It is known that the mother of the boy says that her mother breastfed her son for three days during her illness. Is the statement of the boy’s mother accepted, or the statement of the wet nurse?
Answer:
First, the breastfeeding must be established, and it must be five times or more. If the wet nurse is uncertain, her statement is not considered. If she is uncertain whether it was three, two, four, or five times, her words are not valid, and milk kinship is not established with uncertainty. It is necessary, as stated in the hadith of Aisha, that there be five known instances within the two-year period. There is no milk kinship except within the two-year period.
Then, her statement, or the statement of anyone else, is not accepted unless she is just. If the woman is just, known for her trustworthiness, and is not a liar or an open sinner, her statement is accepted. However, if she is a liar or known for open sinfulness, her statement is not accepted, whether she is a wet nurse or not.
My aunt, who is my wife’s mother, breastfed her daughter’s son, who is with another husband. She does not know how many times she breastfed him. This boy enters upon my daughters, and they do not veil themselves from him. He says that they are his sisters through breastfeeding. Does the ruling of milk kinship apply when the wet nurse does not know how many times she breastfed?
It is known that the mother of the boy says that her mother breastfed her son for three days during her illness. Is the statement of the boy’s mother accepted, or the statement of the wet nurse?
Answer:
First, the breastfeeding must be established, and it must be five times or more. If the wet nurse is uncertain, her statement is not considered. If she is uncertain whether it was three, two, four, or five times, her words are not valid, and milk kinship is not established with uncertainty. It is necessary, as stated in the hadith of Aisha, that there be five known instances within the two-year period. There is no milk kinship except within the two-year period.
Then, her statement, or the statement of anyone else, is not accepted unless she is just. If the woman is just, known for her trustworthiness, and is not a liar or an open sinner, her statement is accepted. However, if she is a liar or known for open sinfulness, her statement is not accepted, whether she is a wet nurse or not.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
