Does a Foster Relationship Form After Two Years? Sharʿī Explanation of Marriage Validity
Source: Aḥkām wa Masāʾil – Nikāḥ ke Masāʾil, Volume 1, Page 315
The questioner explains that when he was about two years and four months old, his mother was divorced. One month before the divorce, she had already stopped breastfeeding him. Thereafter, his grandmother raised him and, due to natural circumstances, began breastfeeding him.
Further clarifications:
✿ The grandmother’s own younger daughter had died five years before the questioner’s birth, at the age of four months.
✿ When the questioner started nursing, the grandmother’s milk had completely dried up.
✿ However, within about 3 to 4 months of suckling, milk returned and the child continued to drink it for some time.
Later, when the questioner reached adulthood, his marriage was arranged with his real paternal uncle’s daughter. Since the uncle had also nursed from their grandmother, the issue of Riḍāʿah arose. The father sought guidance from scholars, who allowed the marriage, and it took place. Four years later, with three children born, the questioner seeks verification of the matter in the light of Qurʾān and Sunnah to ensure safety from Allah’s punishment.
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
Islamic Sharīʿah has laid down two conditions for the establishment of foster relations (Riḍāʿah):
Evidences:
✿ Ṣaḥīḥ al-Bukhārī, Kitāb al-Nikāḥ, Bāb: Man Qāla: Lā Riḍāʿa Baʿda Ḥawlayn
✿ Allah’s command:
﴿حَوۡلَيۡنِ كَامِلَيۡنِۖ لِمَنۡ أَرَادَ أَن يُتِمَّ ٱلرَّضَاعَةَۚ﴾ (al-Baqarah: 233)
“Complete two years for those who wish to complete the nursing period.”
✿ The statement of the Prophet ﷺ:
«فَإِنَّمَا الرَّضَاعَةُ مِنَ الْمَجَاعَةِ»
“Breastfeeding is only during the time of hunger (infancy).”
Evidence:
✿ Ṣaḥīḥ Muslim, Kitāb al-Riḍāʿ, Bāb al-Taḥrīm Bi-Khams Riḍāʿāt
“Five feedings establish the prohibition.”
✿ The questioner drank his grandmother’s milk when he was two years and four months old.
✿ This was after the prescribed two-year limit, so it is invalid according to Sharīʿah.
✿ Hence, the grandmother did not become his foster mother.
✿ His uncle did not become his foster brother.
✿ Therefore, the uncle’s daughter did not become his foster sister.
﴿وَبَنَاتِ عَمِّكَ وَبَنَاتِ عَمَّٰتِكَ وَبَنَاتِ خَالِكَ وَبَنَاتِ خَٰلَٰتِكَ ٱلَّٰتِي هَاجَرۡنَ مَعَكَ﴾ (al-Aḥzāb: 50)
“And the daughters of your paternal uncles, and the daughters of your paternal aunts, and the daughters of your maternal uncles, and the daughters of your maternal aunts who migrated with you (are permissible for marriage).”
✿ The questioner’s marriage to his paternal uncle’s daughter is valid and permissible in light of Qurʾān and Sunnah.
✿ The foster relationship (Riḍāʿah) does not prevent this marriage, since the first essential condition—that the child must be under two years old—was not met.
ھذا ما عندي والله أعلم بالصواب
Source: Aḥkām wa Masāʾil – Nikāḥ ke Masāʾil, Volume 1, Page 315
Details of the Question:
The questioner explains that when he was about two years and four months old, his mother was divorced. One month before the divorce, she had already stopped breastfeeding him. Thereafter, his grandmother raised him and, due to natural circumstances, began breastfeeding him.
Further clarifications:
✿ The grandmother’s own younger daughter had died five years before the questioner’s birth, at the age of four months.
✿ When the questioner started nursing, the grandmother’s milk had completely dried up.
✿ However, within about 3 to 4 months of suckling, milk returned and the child continued to drink it for some time.
Later, when the questioner reached adulthood, his marriage was arranged with his real paternal uncle’s daughter. Since the uncle had also nursed from their grandmother, the issue of Riḍāʿah arose. The father sought guidance from scholars, who allowed the marriage, and it took place. Four years later, with three children born, the questioner seeks verification of the matter in the light of Qurʾān and Sunnah to ensure safety from Allah’s punishment.
Sharʿī Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
Islamic Sharīʿah has laid down two conditions for the establishment of foster relations (Riḍāʿah):
➊ First Condition: Breastfeeding must occur within two years of age
- If a child is breastfed by a woman after completing two years, the foster relationship does not form.
- Neither does the child become her foster son, nor does the woman become his foster mother.
Evidences:
✿ Ṣaḥīḥ al-Bukhārī, Kitāb al-Nikāḥ, Bāb: Man Qāla: Lā Riḍāʿa Baʿda Ḥawlayn
✿ Allah’s command:
﴿حَوۡلَيۡنِ كَامِلَيۡنِۖ لِمَنۡ أَرَادَ أَن يُتِمَّ ٱلرَّضَاعَةَۚ﴾ (al-Baqarah: 233)
“Complete two years for those who wish to complete the nursing period.”
✿ The statement of the Prophet ﷺ:
«فَإِنَّمَا الرَّضَاعَةُ مِنَ الْمَجَاعَةِ»
“Breastfeeding is only during the time of hunger (infancy).”
➋ Second Condition: Breastfeeding must occur five times or more
- If a child is breastfed fewer than five times (i.e., once, twice, thrice, or four times), no foster relationship is established.
Evidence:
✿ Ṣaḥīḥ Muslim, Kitāb al-Riḍāʿ, Bāb al-Taḥrīm Bi-Khams Riḍāʿāt
“Five feedings establish the prohibition.”
⚖ Application to the Present Case:
✿ The questioner drank his grandmother’s milk when he was two years and four months old.
✿ This was after the prescribed two-year limit, so it is invalid according to Sharīʿah.
✿ Hence, the grandmother did not become his foster mother.
✿ His uncle did not become his foster brother.
✿ Therefore, the uncle’s daughter did not become his foster sister.
Qurʾānic Support:
﴿وَبَنَاتِ عَمِّكَ وَبَنَاتِ عَمَّٰتِكَ وَبَنَاتِ خَالِكَ وَبَنَاتِ خَٰلَٰتِكَ ٱلَّٰتِي هَاجَرۡنَ مَعَكَ﴾ (al-Aḥzāb: 50)
“And the daughters of your paternal uncles, and the daughters of your paternal aunts, and the daughters of your maternal uncles, and the daughters of your maternal aunts who migrated with you (are permissible for marriage).”
Conclusion:
✿ The questioner’s marriage to his paternal uncle’s daughter is valid and permissible in light of Qurʾān and Sunnah.
✿ The foster relationship (Riḍāʿah) does not prevent this marriage, since the first essential condition—that the child must be under two years old—was not met.
ھذا ما عندي والله أعلم بالصواب
