Abu Dawud

Benefits and Issues:
There are two types of prohibited women in marriage (mahramat) — permanent prohibitions and temporary prohibitions. The permanent prohibitions due to lineage (nasab) are seven:

➊ Mothers (all the way up)
➋ Daughters (all the way down)
➌ Real sisters (whether from both parents, only the father, or only the mother)
➍ Nieces (sister’s daughters)
➎ Paternal nieces (brother’s daughters)
➏ Paternal aunts
➐ Maternal aunts

As evidenced by (حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ etc.) (: al-Nisa 23), and likewise, those relationships established through breastfeeding (rada‘ah) are also prohibited. All are forbidden, as mentioned in the hadith of this chapter.

The women who become prohibited due to marital relations (musaharah — in-law and conjugal relations) are:

➊ Mothers-in-law (wives’ mothers)
➋ Stepdaughters (wives’ daughters), provided that consummation (dukhul) has occurred with the wife
➌ Wives of fathers and grandfathers
➍ Daughters-in-law (sons’ wives, all the way down)

And these same relationships, if established through breastfeeding (rada‘ah), are also prohibited.

The relationships that are prohibited for a limited time are as follows:

— The wife’s sister, her paternal aunt, her niece, or her maternal aunt or niece
— For a free man, if he already has four wives, then the fifth is prohibited
— (According to some scholars) a fornicatress (zaniyyah) until she repents
— A woman who has been divorced three times, until she marries another man and is released from him
— A woman in the state of ihram (pilgrimage consecration) until she becomes lawful (halal) again
— Any divorcee who is in her waiting period (‘iddah) until it is completed

Other than these, all other women are lawful, as in (وَأُحِلَّ لَكُم مَّا وَرَاءَ ذَٰلِكُمْ) (: al-Nisa 24). (See: Taysir al-‘Allam, Sharh ‘Umdat al-Ahkam)

Benefits and Issues:
Question: Zaid has two wives, and he has daughters from both. Bakr had a child born to him, and this child nursed from one of Zaid’s daughters. Now, can Bakr’s son marry any of his foster sisters other than the one he nursed from, or the daughters of Zaid’s other wife?

Answer: Just as this child cannot marry his foster sister, likewise, he cannot marry any of her other sisters or the daughters of Zaid’s other wife, because the relationships that are prohibited due to blood ties are also prohibited due to fosterage (radā‘ah). Since he nursed from Zaid’s daughter, he became Zaid’s foster son. Now, all of Zaid’s daughters are his foster sisters.

However, Bakr’s other sons, who did not nurse from any of Zaid’s wives, can marry any of Zaid’s daughters. As Sayyidah Aisha radi Allahu anha narrates:

«إن رسول الله صلى الله عليه وسلم كان عندها، وأنها سمعت صوت رجل يستأذن فى بيت حفصة، قالث عائشة : فقلت : يا رسول الله، هذا رجل يستأذن فى بيتك، قالت : فقال رسول الله صلى الله عليه وسلم : أراه فلانا، لعم حفصة من الرضاعة، فقالث عائشة : لو كان فلان حيا، لعمها من الرضاعة، دخل على ؟ فقال رسول الله صلى الله عليه وسلم : ”نعم، إن الرضاعة تحرم ما يخرم من الولادة“»

“The Messenger of Allah sallallahu alayhi wa sallam was sitting with her when he heard the voice of a man seeking permission to enter the house of Sayyidah Hafsah radi Allahu anha. She said: O Messenger of Allah! This man is seeking permission to enter your house. The Messenger of Allah sallallahu alayhi wa sallam said: He seems to me to be Hafsah’s foster uncle. She asked: If my foster uncle were alive, could he enter my house? Upon this, he sallallahu alayhi wa sallam said: Yes! The relationships that are prohibited due to fosterage are those that are prohibited due to blood ties.” [صحيح البخاري : 2646، صحيح مسلم : 1445، واللفظ له]

Hadith Footnote:
All praise is due to Allah that on 8th April 1970, in the Sacred Mosque of the Prophet (Haram Nabawi) in the illuminated city of Madinah, the recitation of the text of this section was commenced here with reflection and contemplation. A supplication was made that Allah, the Exalted, grant the ability to understand the beloved sayings of His beloved Prophet (sallallahu alayhi wa sallam) and to render their best Urdu translation along with explanation, and that He accept this service of the Prophetic hadith for me and for all my associates and sincere ones, making it a means of happiness in both worlds. May He also grant Paradise to the late Haji Bilari Pyaru Qureshi Banglori, due to whose proxy pilgrimage (hajj badal) I was granted this presence in Madinah the Illuminated.

Allahumma ighfir lahu wa irhamhu wa akrim nuzulahu wa wassi’ madkhalahu. Ameen, O Lord of the worlds.

Hadith Commentary:
(1)
‘A’ishah radi Allahu anha had two foster uncles:
One was Abu al-Qa‘is, who had suckled milk with Abu Bakr radi Allahu anhu, and he was the foster brother of Abu Bakr radi Allahu anhu.
By this relation, he became the foster uncle of ‘A’ishah radi Allahu anha.
According to this hadith, he had passed away. The other uncle was named Aflah, who was the brother of Abu al-Qa‘is.
He was alive at that time, as mentioned in Hadith: 2644, and ‘A’ishah had a conversation with him.
(2)
From this hadith, it is understood that a foster uncle is a mahram, and marriage with him is not permissible.
Imam al-Bukhari rahimahullah’s intent is that for well-known relationships, testimony is not required; however, investigation in this matter should certainly be carried out.

Hadith Commentary: And it is a fundamental principle that the ruling of milk kinship (radā‘) is the same as that of lineage (nasab) regarding the permissibility of entering upon women and other related rulings, as stated in al-Fath. That is, this hadith serves as a foundational proof that it is permissible for non-mahram men to enter upon women when there is a milk relationship (radā‘), because the bond of milk kinship is equivalent to the bond of blood kinship.

Hadith Commentary:
(1)
This hadith serves as a general principle that it is permissible for men who are non-mahram (strangers) to enter upon women if they share a milk relationship (rada‘ah), because the milk relationship is equivalent to a blood relationship. However, just as with strangers, close relatives should also seek permission before entering, because if they come in suddenly, it is possible that they might see something which it is not permissible for them to be informed of, or the woman may be in a state which she would not like them to witness. However, it is permissible for a husband to enter upon his wife without seeking permission, because it is permissible for him to see her in every state.
Apart from this, the mother, sister, daughter, and other mahram relatives are equal in the matter of seeking permission.
And Allah knows best.

Hadith Commentary:
In this narration as well, the house is attributed to Hafsah (radi Allahu anha).
From this, the meaning of the chapter is established: if a child has suckled from his paternal aunt, then the uncle will be considered the foster (milk) father.
And the uncle’s sons and daughters will be foster (milk) brothers and sisters.
There is no veil (hijab) required from them either.
Because through suckling (ridā‘ah), all of these become mahram (unmarriageable kin).

Hadith Commentary:
➊
In all the aforementioned hadiths of this chapter, the houses are attributed to the Mothers of the Believers (radi Allahu anhunna). Specifically, there is explicit mention of Aisha (radi Allahu anha), Umm Salamah (radi Allahu anha), and Hafsah (radi Allahu anha).
From this, it appears that these houses belonged to the Mothers of the Believers (radi Allahu anhunna), whereas from the Qur’anic verse it is understood that those houses belonged to the Messenger of Allah (sallallahu alayhi wa sallam), as they are attributed to him.
There is a difference of opinion among the scholars of the Ummah regarding this matter.
The details are as follows:
© The attribution of these houses to the Mothers of the Believers (radi Allahu anhunna) is due to ownership, because the Messenger of Allah (sallallahu alayhi wa sallam) made his wives their owners before his death. Therefore, the statement of the Messenger of Allah (sallallahu alayhi wa sallam):
“Our inheritance is charity,”
does not apply to these houses.
© The attribution of these houses to the Messenger of Allah (sallallahu alayhi wa sallam) means that the mentioned houses were his property, and their attribution to the Mothers of the Believers (radi Allahu anhunna) is due to their being residents. The Messenger of Allah (sallallahu alayhi wa sallam) gave them these houses for residence, and they remained living in them until their deaths.

➋
Hafiz Ibn Hajar (rahimahullah) says:
The Messenger of Allah (sallallahu alayhi wa sallam) did not make his wives the owners of the houses. If that had been the case, then after the death of the Mothers of the Believers (radi Allahu anhunna), their heirs would have inherited those houses. However, after their deaths, those houses were demolished and incorporated into the Prophet’s Mosque (Masjid al-Nabawi) so that the general Muslims could benefit from them, just as was done regarding their maintenance and provisions.
And Allah knows best.
(Fath al-Bari: 6/254)

➌
Our inclination is that those houses were the property of the Messenger of Allah (sallallahu alayhi wa sallam), and after his death, they were declared charity (sadaqah). However, the Mothers of the Believers (radi Allahu anhunna) were permitted to reside in them for their entire lives, just as they were given maintenance from other charitable assets. Similarly, those houses were given to them for residence until their deaths.
As in one hadith, it is mentioned “the residence of Aisha,” which also indicates that the house was not her property, but only for residence. Then, in the noble verse it is stated:
“Do not enter the houses of the Messenger of Allah (sallallahu alayhi wa sallam) unless you are given permission by the Messenger of Allah (sallallahu alayhi wa sallam).”
From this, it is understood that the house belongs to the husband, which is why he is given the authority to grant permission. In any case, the Messenger of Allah (sallallahu alayhi wa sallam) did not gift these houses to them, but gave them for residence so that they could live in them until their deaths. Just as their maintenance was an exception, so too was their residence.
After their deaths, their heirs did not become owners of those houses, nor did anyone make such a claim. Rather, all those houses were incorporated into the Prophet’s Mosque (Masjid al-Nabawi).
And Allah knows best.

Note:
The Messenger of Allah (sallallahu alayhi wa sallam), while pointing towards the residence of Aisha (radi Allahu anha), said:
“From this direction, the trial of Satan will emerge.”
Using this hadith as a basis, the Rawafid (Rafidites) have propagated that the house of Aisha (radi Allahu anha) was a center of tribulations. In reality, they should be ashamed to say such things, because the Messenger of Allah (sallallahu alayhi wa sallam) spent his last days in the house of Aisha (radi Allahu anha), and after his life, it became his burial place.
Which is a place of the descent of goodness and blessings from Allah.
How can such a place be declared a center of tribulations? In fact, such statements are made as a result of enmity and hatred towards the noble Companions (radi Allahu anhum).
Imam Bukhari (rahimahullah) has mentioned in detail at another place that Abdullah ibn Umar (radi Allahu anhu), while addressing the people of Iraq, once said:
I saw the Messenger of Allah (sallallahu alayhi wa sallam) pointing towards the east and saying:
“Beware! The trial will emerge from this direction. The trial will appear from where the horn of Satan rises.”
(Sahih al-Bukhari, Book of Tribulations, Hadith: 7092)
From Madinah Tayyibah, Iraq lies to the east, which means that the center of tribulations is the land of Iraq.
There is no doubt that the region of Iraq has been very turbulent and a source of tribulations.
According to the above prophecy of the Messenger of Allah (sallallahu alayhi wa sallam), this unfortunate region has been the center of tribulations against Islam and the people of Islam. For example, the idols of the people of Nuh—Wadd, Suwa’, etc.—were in Iraq.
Nimrod, who prepared the fire against Ibrahim (alayhis salam), was also the ruler of Iraq.
The tribulation against Uthman (radi Allahu anhu) was also started by the people of Iraq, and those who martyred the grandson of the Messenger of Allah (sallallahu alayhi wa sallam) were also Iraqis.
The storms of the people of opinion (Ahl al-Ra’y) against hadith and the people of hadith also arose from this very land.
Even now, this region continues to set the worst examples of such tribulations. In light of these events and evidences, it can be said that the house of Aisha (radi Allahu anha) was not the center of tribulations; rather, this “distinction” belongs to the land of Iraq.

Hadith Commentary:
(1)
There are two possible forms of a foster (rada‘i) uncle:
One is that the one who drank milk together with the father is a foster uncle for the children.
The second form is that the brother of the husband of the woman whose milk is drunk will be the foster uncle of the one who drank the milk.
(2)
The prohibition of seclusion (purdah) is lifted through fosterage (rada‘ah) and the state of being a stranger (ajnabiyyah) is removed; that is, the woman whose milk is drunk becomes a mother, her husband becomes a father, her brother becomes a maternal uncle, and her sister becomes a foster maternal aunt.
However, inheritance and the responsibility of maintenance are not established through this fosterage.
(3)
There is consensus (ijma‘) of the Ummah on this issue that the relationships which are prohibited by lineage (nasab) are also prohibited by milk (rada‘ah), but for fosterage to be established, two things are necessary:
➊ At least five times milk must be drunk.
➋ The period of fosterage, that is, the milk must be drunk within two years.
If someone drank milk only once or twice, or drank milk after the period of fosterage, then the prohibition of fosterage will not be established by this.
And Allah knows best.

Islamic law has granted the relationship of milk kinship (radā‘ah) a sanctity similar to that of blood relations. Just as certain relationships are prohibited for marriage due to blood ties, the same relationships are also prohibited for marriage due to milk kinship. However, it should be remembered that these relationships are only prohibited for the child who has suckled; they are not prohibited for the other blood relatives of that child. For example, marriage is forbidden for the suckling child with his milk mother and milk sister, but it is not forbidden for the child’s other brothers to marry them. In other words, the entire family of the milk mother is forbidden for the suckling child, but the child’s own family is not forbidden for the milk mother and her family.

This Hazrat Aflah radi Allahu anhu was the brother of the foster father of Hazrat Aisha radi Allahu anha. Hazrat Aisha radi Allahu anha thought that, on the basis of suckling (radā‘ah), it is reasonable for a relationship to be established with the woman who breastfed, but how can a relationship be established with the relatives of her husband? The Messenger of Allah sallallahu alayhi wa sallam said that the husband's contribution is also present in the woman's milk; therefore, a relationship will also be established between the child who is breastfed and the woman's husband and his relatives.

Commentary:

➊ The opinion of Aisha (radi Allahu anha) was that through suckling (radā‘ah), a relationship is established between the child and the woman because the child has drunk her milk, but no relationship is established with the woman's husband, since the child has no direct connection with him. However, in reality, the woman produces milk as a result of the man’s intercourse and pregnancy. In other words, the husband also has a role in the production of the woman’s milk; therefore, a relationship through suckling will be established between the child and both the woman and her husband. The woman will be called the child’s mother, and the husband will be called the child’s father. Similarly, a relationship will also be established between the child and the close relatives of the woman and her husband. (For further details, see Hadith: 3303)

Benefits and Issues:

➊
Rada‘ah (رضاعت) refers to breastfeeding, that is, when a child is nursed by a woman other than his biological mother, that woman is also considered his mother in the same way as the one who gave birth to him.
Allah the Exalted has said:
﴿وَأُمَّهَاتُكُمُ اللَّاتِي أَرْ‌ضَعْنَكُمْ﴾ (an-Nisa: 23)
“And your mothers who nursed you (are also unlawful for marriage to you).” ()

➋
The details of women who become unlawful (haram) due to rada‘ah (breastfeeding) are as follows:

(a)
Foster mother (رضاعی ماں):
The woman whose milk you drank within the period of rada‘ah (two years of age).

(b)
Foster sister (رضاعی بہن):
The one whom your real or foster mother nursed, whether together with you, before you, or after you; or the one whose real or foster mother nursed you. That is, all biological and foster children of the woman who becomes your foster mother will become your brothers and sisters through breastfeeding.

(c)
Foster maternal aunt (رضاعی خالہ):
The sisters of the nursing woman become the maternal aunts of the child who was nursed.

(d)
Foster paternal aunt (رضاعی پھوپھی):
Since the husband of the nursing woman becomes the father of the nursed child, the sisters of this foster father become the child’s paternal aunts.
And the brothers of the foster father become the paternal uncles of the nursed child.

➌
Marriage to these foster relatives is just as unlawful as marriage to blood relatives; therefore, the rules of veiling (hijab) are also the same as with blood relatives.
A boy’s foster mother, foster sister, foster maternal aunt, and foster paternal aunt do not have to observe hijab from him.
Similarly, a girl does not have to observe hijab from her foster father, foster brother, foster paternal uncle, and foster maternal uncle.

➍
Other brothers and sisters of the nursed child, who did not drink the milk of this woman, will not have any foster relationship with this woman or her children, etc.

Takhrij al-Hadith: [وأخرجه البخاري 2646، ومسلم 1444، من حديث مالك به]
Jurisprudential Points:
➊ Just as relationships become prohibited (haram) through lineage, so too do relationships become prohibited through breastfeeding (rada‘ah); for example, a foster (milk) sister is just as prohibited as a real (biological) sister.
➋ Sayyiduna Abdullah ibn Abbas radi Allahu anhuma said: If a child drinks milk within two years, the prohibition (of marriage) is established, even if it is only a single sip, and after two years, it is of no consideration. [السنن الكبريٰ للبيهقي 422/7 و سنده صحيح]
➌ Sayyiduna Ibn Umar radi Allahu anhuma said: Breastfeeding (rada‘ah) only occurs in childhood; breastfeeding at an older age is of no consideration. [الموطأ 603/2 ح 1318 وسنده صحيح/مفهوم]
➍ Sa‘id ibn al-Musayyib rahimahullah said: If even a single drop (of milk) is consumed within two years, the prohibition is established. al-kh [الموطأ 604/2 ح 1322 وسنده صحيح]
➎ If a child suckles and drinks milk five times, the prohibition of breastfeeding (rada‘ah) is established.
➏ Observing hijab from non-mahram individuals is obligatory.

Hadith Authentication (Takhrij al-Hadith):
[وأخرجه البخاري 5239، من حديث مالك به، ورواه مسلم 7/1445، من حديث هشام بن عروه به * من رواية يحييٰ بن يحييٰ، وجاء فى الأصل : ”أُرْسِلَ“ ! !]

Jurisprudential Points (Tafaqquh):
➊ Just as real (biological) relationships are prohibited (for marriage), so too are foster (milk) relationships.
➋ Observing veiling (hijab) from non-mahram is obligatory.
➌ No intellectual objection has any standing in comparison to the hadith of the Messenger (sallallahu alayhi wa sallam).
➍ In every disagreement, the Book (Qur’an) and the Sunnah are to be given precedence.
➎ When necessary, the questioner may seek clarification of his question.
➏ It is essential to investigate a matter before acting upon it. Imam Bukhari rahimahullah has beautifully stated: «العلم قبل القول والعمل» — that is, it is necessary to have knowledge before preaching or acting. [صحيح بخاري بعد حديث : 67]
➐ Also see: [الموطأحديث : 310]