are they milk brother and sister?

[fasmina]

Assalamuallikum imam sahib,

Can you please tell me if it is ok for the two people to get married if both (the girl and the boy) where given breastmilk by a woman(not the mother of either of them) to get married according to shafi fiqh?

Jazzakallah

[Imam]

Bismillahir Rahmanir Raheem

Wa'alaykum 'Assalam wa Rahmatullahi wa Barakatuhu


All Praise be to Allah who is the Lord of the Worlds, and may Endless Blessings be showered upon His Most Beloved, and Final Messenger of Islam, Hadrat Muhammad Mustafa Salla Allahu ta'ala 'alayhi wa 'aalihi wa Sallam

According to Shafi'i fiqh, or any fiqh, the principle remains the same. The Hidaya states:

'The minimum and maximum periods of suckling (breastfeeding) are legally the same if it occurs in the period, of breast feeding, and to this prohibition becomes linked.'

Al-Shafi'i Rahmatullahi 'alayh said that prohibition is not established except by feeding up to five times, and His evidence is the Hadith of the Prophet Salla Allahu ta'ala 'alayhi wa Sallam:

'One or two sucks or feeding once or twice does not result in prohibition'. We rely on the words of The Exalted 'Foster mothers who gave you suck'

(Qur'an, 4:23)and on the words of the Prophet Salla Allahu ta'ala 'alayhi wa Sallam

'Prohibited by suckling is what is prohibited by lineage'

(Bukhari/Muslim).

since the prohibition is based on the suspicion that milk becomes part of the child adding to growth in bones and muscles, but this is a matter that is not known, therefore the rule has been attached to the act of suckling. What Imam Shafi'i has related has been abrogated by the Qur'an. It is necessary that such feeding be during the period of suckling, as explained.



Jazak'allah for your question.





Wallahu A'lamu Biththawaab


M. Waseem Ashrafi