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Foster relationship through breast milk

Answered as per Hanafi Fiqh by Fatwa.org.au
I am supposed to get married to a woman. However, my mother says that she is doubtful as to whether this woman drank her (my mother’s) breast milk when she was a baby. Is it permissible for me to marry this woman?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

_ For the relationship of radaa’ah (foster relationship established due to drinking the breast milk of a woman) to be established between two people, the testimony of two upright Muslim males or one upright Muslim male and two upright Muslim females – that these two individuals (at the age of two or less) drank the breast milk of the same woman, for example – is required.

Therefore, if only one male or one male and one female or two or more females and no male (for example, 4 females and no male) give testimony that Zaid and Fatima drank the breast milk of Rasheeda, the relationship of radaa’ah between Zaid and Fatima will not be established; and it will be permissible for Zaid and Fatima to get married to one another. However, if Zaid and Fatima feel in their heart that this person/these people are telling the truth, it is better that they not get married to one another (although if they do, it will be permissible).

Based on the above, if two upright Muslim males or one upright Muslim male and two upright Muslim females can testify that the woman you intend to marry drank the breast milk of your mother, it will not be permissible for you to marry her. In the absence of such witnesses, it will be permissible for you to marry her. And since your mother is not even sure whether or not the woman you intend to marry drank her breast milk, your mother’s doubt will have no effect on the permissibility of your marriage to this woman.

(Fatawa Mahmudiya: 13/614-616; Ahsanul Fatawa: 5/126; Raddul Muhtaar: 3/224, Saeed; Qamus al-Fiqh: 3/487)

And Allah knows best.

Mufti Faizal Riza
12/12/2011

This answer was collected from Fatwa.org.au, which is connected to Darul Ifta Australia, based in Melbourne, Australia.
It is operated by Mufti Faizal Riza, a student of Mufti Ebrahim Desai from South Africa.

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