Dr. Atiya Lashin, formerly a member of the Fatwa Committee at Al-Azhar, explained the ruling concerning a child who was breastfed by one of a man's wives and whether he may later marry the man's daughters.
The question specifically concerned whether the prohibition applies only to the daughters of the woman who breastfed the child or also includes the man's daughters from another wife.
What Is the Basis of the Fosterage Ruling?
Dr. Atiya Lashin referred to the Quranic verse: “Your mothers who nursed you and your sisters through nursing,” as well as the Prophetic principle: “What becomes prohibited through breastfeeding is what becomes prohibited through lineage.”
This principle establishes that legally significant breastfeeding can create certain marriage prohibitions similar to those established through blood relationships, provided the required conditions are fulfilled.
What Are the Permanent Causes of Marriage Prohibition?
According to the explanation, permanent marriage prohibitions arise from three main causes:
- Blood lineage.
- Fosterage through breastfeeding.
- Marriage relations.
Among the prohibited relatives by blood are mothers, daughters, sisters, paternal aunts, maternal aunts, nieces through brothers and nieces through sisters.
Fosterage creates another category of prohibited relationships when its applicable conditions are met.
Are the Foster Mother's Daughters Considered Sisters?
When the conditions for legally significant fosterage are fulfilled, the woman who breastfed the child becomes his foster mother.
Her daughters therefore become his foster sisters, making marriage between them prohibited.
What About the Foster Mother's Husband?
Dr. Atiya Lashin explained that the husband of the woman who breastfed the child becomes the child's foster father when the relevant conditions of fosterage are fulfilled.
This relationship has consequences for the man's daughters as well.
Are the Husband's Daughters from Another Wife Also Prohibited?
Yes. According to the ruling described in the question, when legally significant fosterage is established, the daughters of the foster mother's husband from another wife are also considered foster sisters of the child through his foster father.
Therefore, the prohibition is not limited to the daughters of the woman who directly breastfed the child.
How Is the Relationship Established?
The daughters of the woman who breastfed the child are his foster sisters through both the foster mother and foster father.
The man's daughters from another wife are his foster sisters through the foster father.
The reason is that the husband of the breastfeeding woman becomes the child's foster father, so his daughters enter the relevant category of prohibited relatives.
What Is the Difference Between Permanent and Temporary Prohibition?
The explanation distinguishes between permanent and temporary marriage prohibitions.
Permanent prohibition may result from blood lineage, fosterage or marital relationships.
Temporary prohibition, on the other hand, exists because of a particular circumstance and ends when that circumstance ends. Examples include marrying two sisters simultaneously or combining a woman with her paternal or maternal aunt in marriage.
Does Fosterage Create a Permanent Prohibition?
When the requirements for legally significant fosterage are fulfilled, the resulting prohibited relationship is permanent. Marriage is therefore not permitted between individuals who become permanently prohibited relatives through fosterage.
Ruling in the Case Presented
Based on the explanation provided, a child who is breastfed by one of a man's wives becomes her foster son, and her husband becomes his foster father when the required conditions are fulfilled.
Accordingly, the daughters of the breastfeeding woman are prohibited from marrying the child. The husband's daughters from his other wife are also prohibited because they become his foster sisters through their foster father.
Are the foster mother's daughters considered foster sisters?
Yes. When the conditions of legally significant fosterage are fulfilled, her daughters become the child's foster sisters.
Are the husband's daughters from another wife also prohibited?
Yes, according to the ruling described, because the husband becomes the child's foster father and his daughters therefore become foster sisters through him.
Does fosterage affect only the woman who breastfed the child?
No. Legally significant fosterage can establish prohibited relationships involving the breastfeeding woman, her husband and certain relatives according to the applicable rules.
What are the permanent causes of marriage prohibition?
They are blood lineage, fosterage through breastfeeding and marital relationships.
Does every instance of breastfeeding establish a marriage prohibition?
No. The relevant conditions for legally significant fosterage must be fulfilled; breastfeeding alone does not automatically establish every prohibited relationship.
