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بسم الله الرحمن الرحيم
الحمد لله والصلاة والسلام على رسول الله و على آله و أصحابه و من اتبع هداه و بعد:
Allah سبحانه و تعالى mentioned in Soorah An-nisaa (23)among those whom a man is forbidden to marry:
((و أمهاتكم اللاتي أرضعنكم و أخواتكم من الرضاعة
??and your mothers who have nursed you, and your sisters from nursing?
Ibn Abbaas reported that Allaah?s Messenger صلى الله عليه وسلم said,
(يحرم من الرضاع ما يحرم من النسب )
?That which is forbidden by kinship is forbidden by nursing.? Reported by Bukhari #2645 and Muslim #1447
Aaishah reported that Allah?s Messenger صلى الله عليه وسلم said,
(إن الرضاعة تحرم ما تحرم الولادة)
?Verily, nursing precludes that which birth precludes.? Reported by Bukhaari and Muslim.
Based on these evidences, the relationship of nursing takes the rulings of kinship as far as the impermissibility of marriage, the man being a mahram for the woman, and the permissibility of his looking at her and being alone with her. He does not become her child in any other aspect, though, he does not inherit her, he cannot be her walee, and she does not have to support him.
However, there are two conditions for the breast-feeding to be considered effective:
1. The baby involved must have five or more feedings, sucking at the breast (or bottle) and pulling away by his own will each time. Aaishah reported, ?It was revealed in the Quraan, ?ten known breast feedings forbid (marriage)? then that was abrogated by five known (breast feedings), and the Prophet صلى الله عليه وسلم passed away while this was recited as part of the Quraan.? Reported by Muslim #1452. She also reported that the Prophet صلى الله عليه وسلم said,
(لا تحرم المصة و لا المصتان) ?One or two sips do not forbid (marriage.)? Reported by Muslim #1450
2. The nursing must take place while the child is under two years. Allah said in Soorah Al-Baqarah,(و الوالدات يرضعن أولادهن حولين كاملين لمن أراد أن يتم الرضاعة) ?And the mothers nurse their children for two complete years, for he who desires to complete the nursing.? And the Prophet صلى الله عليه وسلم said, (لا رضاع إلا ما فتق الأمعاء و كان قبل الفطام)?There is no suckling (which prohibits marriage) except that which fills the intestines and is before weaning.? Reported by Tirmithee (#1152) with a sound isnaad.
How the Milk Relations Spread:
Whenever a woman nurses a child under 2 years five feedings or more, the child in question becomes her child from nursing. The baby also becomes the child of the man who was the cause of the woman?s lactation, i.e. she produced milk after bearing his child or having intercourse with him. The daleel for this is the Hadeeth of Aaishah, who said, ?Aflah, the brother of Abul-Qu?ays (whose wife had nursed Aaisha) sought permission to enter upon me after Hijab had been revealed. I said, ?By Allah, I will not grant him permission until I ask Allah?s Messenger, for verily, the brother af Abul-Qu?ays did not nurse me, rather the wife of Abul-Qu?ays did.? Then the Prophet entered and I asked him, ?O Allah?s Messenger, verily, the man did not nurse me, rather, his wife nursed me.? He said, (ائذني له فإنه عمك تربت يمينك)?Let him in, for he is your uncle, may your right hand be dusty (an Arabic expression used to rebuke someone).?? Reported by Bukhaari (#5099) and Muslim (1444).
All of the mahaarim of the milk mother and father ? their children, parents, grandparent, siblings, uncles, and aunts ? become mahaarim to the milk child, just as if he was their genealogical child.
The offspring of the milk child become mahaarim to the milk parents. However, the relationship does not spread to those who are above him or at his level on the genealogical scale, such as his siblings and parents, etc.
The same applies to in-law relationships; a man is a mahram to the wife of his milk father and milk son, and his wife?s milk mother and daughter, just as he is a mahram to the wife of his blood father and son and his wife?s blood mother and daughter. This is by near consensus of the Salaf, including the Four Imams, and a verdict passed by the Committee of Iftaa?, headed by Sheikh Bin Baaz. (#11495) rahimahullaah.
Reference:
Almulakhkhas Alfiqhee, Salih Alfowzan
This message was edited by abu.basheer.alee on 4-12-03 @ 8:29 PM
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abu.basheer.alee
12-04-2003 @ 12:00 AM
