Source: Fatāwā Muḥammadiyyah, Volume 1, Page 745
What is the ruling of the esteemed scholars of Islām on the following case?
Nazīr drank the breastmilk of a woman named Fāṭimah. Fāṭimah has a daughter named Zubaidah, who is now an adult.
The question is:
Can Zubaidah marry Bashīr, who is the brother of Nazīr, even though Bashīr did not drink Fāṭimah’s milk?
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
Assuming the question is accurate, here is the clarification of the issue:
◈ The relationship created by fosterage (raḍāʿah) is not as broad or transferrable as a blood relationship (nasab).
◈ It only applies directly to the child who nursed from the woman.
That is:
✔ The daughter of the foster mother becomes a foster sister only to the child who drank her milk.
✔ She does not become a foster sister to that child's siblings, since they did not drink her milk.
In his commentary on the ḥadīth:
الرَّضَاعَةُ تُحَرِّمُ مَا تُحَرِّمُ الْوِلَادَةُ
“Fosterage makes unlawful what lineage makes unlawful”, he states:
"The prohibition of marriage due to suckling does not extend to any of the relatives of the suckling child. So the foster sister of one child is not considered a foster sister to his real brother. This is because no suckling occurred between them and the foster mother. The legal reason for the prohibition is the milk, which originates from the body of the woman and her husband. If a child is nourished by it, he becomes part of them. Hence, the prohibition extends to him only — not to his relatives, since they have no link by suckling or lineage with the wet nurse or her husband."
(Fatḥ al-Bārī, Sharḥ Ṣaḥīḥ al-Bukhārī, Vol. 9, pp. 175–176)
"Fosterage does not apply to the father, brother, or other relatives of the child who nursed. For instance, the daughter of your foster mother’s sister is not your foster sister — nor is she your mother or your father’s wife. This is a unique aspect of fosterage not found in blood relations."
(Sharḥ al-Sunnah, Vol. 5)
"The prohibition that results from suckling does not transfer to the child’s father, mother, siblings, etc. Therefore, the child’s father can marry the woman who breastfed his son."
(ʿAwn al-Maʿbūd, Sharḥ Sunan Abī Dāwūd, Vol. 2, p. 178)
✿ The prohibition of marriage caused by fosterage applies only to the individual who drank the milk.
✿ Bashīr, who did not drink the milk, is permitted to marry Zubaidah, the daughter of Fāṭimah.
✿ There is no difference of opinion among scholars on this matter.
✿ However, Nazīr, who drank the milk, cannot marry Zubaidah, as she is his foster sister.
وَاللَّهُ أَعْلَمُ بِالصَّوَابِ
And Allah knows best what is correct.
❖ Question:
What is the ruling of the esteemed scholars of Islām on the following case?
Nazīr drank the breastmilk of a woman named Fāṭimah. Fāṭimah has a daughter named Zubaidah, who is now an adult.
The question is:
Can Zubaidah marry Bashīr, who is the brother of Nazīr, even though Bashīr did not drink Fāṭimah’s milk?
❖ Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
Assuming the question is accurate, here is the clarification of the issue:
◈ The relationship created by fosterage (raḍāʿah) is not as broad or transferrable as a blood relationship (nasab).
◈ It only applies directly to the child who nursed from the woman.
That is:
✔ The daughter of the foster mother becomes a foster sister only to the child who drank her milk.
✔ She does not become a foster sister to that child's siblings, since they did not drink her milk.
❖ Scholarly Evidence:
✦ Statement of Ḥāfiẓ Ibn Ḥajar رحمه الله
In his commentary on the ḥadīth:
الرَّضَاعَةُ تُحَرِّمُ مَا تُحَرِّمُ الْوِلَادَةُ
“Fosterage makes unlawful what lineage makes unlawful”, he states:
"The prohibition of marriage due to suckling does not extend to any of the relatives of the suckling child. So the foster sister of one child is not considered a foster sister to his real brother. This is because no suckling occurred between them and the foster mother. The legal reason for the prohibition is the milk, which originates from the body of the woman and her husband. If a child is nourished by it, he becomes part of them. Hence, the prohibition extends to him only — not to his relatives, since they have no link by suckling or lineage with the wet nurse or her husband."
(Fatḥ al-Bārī, Sharḥ Ṣaḥīḥ al-Bukhārī, Vol. 9, pp. 175–176)
✦ Statement of Imām al-Baghawī رحمه الله
"Fosterage does not apply to the father, brother, or other relatives of the child who nursed. For instance, the daughter of your foster mother’s sister is not your foster sister — nor is she your mother or your father’s wife. This is a unique aspect of fosterage not found in blood relations."
(Sharḥ al-Sunnah, Vol. 5)
✦ Statement of Mawlānā Shams al-Ḥaqq al-ʿAẓīmābādī رحمه الله
"The prohibition that results from suckling does not transfer to the child’s father, mother, siblings, etc. Therefore, the child’s father can marry the woman who breastfed his son."
(ʿAwn al-Maʿbūd, Sharḥ Sunan Abī Dāwūd, Vol. 2, p. 178)
Summary of the Ruling:
✿ The prohibition of marriage caused by fosterage applies only to the individual who drank the milk.
✿ Bashīr, who did not drink the milk, is permitted to marry Zubaidah, the daughter of Fāṭimah.
✿ There is no difference of opinion among scholars on this matter.
✿ However, Nazīr, who drank the milk, cannot marry Zubaidah, as she is his foster sister.
وَاللَّهُ أَعْلَمُ بِالصَّوَابِ
And Allah knows best what is correct.
