Source: Fatāwā Amunpuri by Shaykh Ghulām Muṣṭafā Ẓahīr Amunpuri
Zayd was married to Ṭalīḥah. Zayd’s wife Ṭalīḥah breastfed her own sister Ṣābirah. Later, Ṭalīḥah passed away, and Zayd married Ṭalīḥah’s other sister Hājirah.
Now the question is:
Can Zayd’s real brother, Bakr, marry Ṣābirah?
No, Bakr cannot marry Ṣābirah, because Ṣābirah is considered Bakr’s foster niece (رضاعی بھتیجی).
This is due to the following chain:
﴿وَبَنَاتُ الْأَخِ﴾
(Sūrah al-Nisā’, 4:23)
Translation:
“…and [forbidden to you in marriage are] the daughters of your brothers…”
Just as it is forbidden to marry one’s biological niece, it is also forbidden to marry a foster niece, because:
“Whatever relationship is prohibited by lineage is also prohibited by breastfeeding (raḍāʿah).”
Since Ṣābirah is considered Bakr’s foster niece, the nikāḥ is invalid and permanently unlawful in Islam.
❖ Question:
Zayd was married to Ṭalīḥah. Zayd’s wife Ṭalīḥah breastfed her own sister Ṣābirah. Later, Ṭalīḥah passed away, and Zayd married Ṭalīḥah’s other sister Hājirah.
Now the question is:
Can Zayd’s real brother, Bakr, marry Ṣābirah?
❖ Answer:
No, Bakr cannot marry Ṣābirah, because Ṣābirah is considered Bakr’s foster niece (رضاعی بھتیجی).
This is due to the following chain:- Ṭalīḥah (Zayd’s wife) breastfed her sister Ṣābirah.
- Ṭalīḥah was also Bakr’s sister-in-law, being the wife of his real brother Zayd.
- So, the woman (Ṣābirah) who drank her sister’s milk becomes a foster daughter to Zayd, and by extension, a foster niece to Bakr.
✿ Qur’anic Evidence:
﴿وَبَنَاتُ الْأَخِ﴾
(Sūrah al-Nisā’, 4:23)
Translation:
“…and [forbidden to you in marriage are] the daughters of your brothers…”
Just as it is forbidden to marry one’s biological niece, it is also forbidden to marry a foster niece, because:
“Whatever relationship is prohibited by lineage is also prohibited by breastfeeding (raḍāʿah).”
Final Ruling:
Since Ṣābirah is considered Bakr’s foster niece, the nikāḥ is invalid and permanently unlawful in Islam.
