Islamic Verdicts - Volume V

The Book of Marriage

Those Whom it is Forbidden to Marry

The Ruling on Marrying a Full Brother's Sister Through Fostering

Q: I wish to marry the daughter of my paternal aunt, bearing in mind that my brother, who is one year older than I, was breast-fed by my paternal aunt more than once. But as for me, I was never breast-fed by my aunt and my aunt's daughter was never breast-fed by my mother. Is it permissible for me to marry my aunt's daughter, or have I become a brother to her?

A: The answer to this question is derived from the saying of the Prophet (Salallahou 'aleyhi wa salam): "What is unlawful by reason of lineage is unlawful by reason of fostering" (Al-Bukhari no. 2645 and Muslim no. 1444).

This means that breast-feeding makes unlawful that which kinship makes unlawful, because lineage is kinship and I have a comment regarding this word which I would like to make soon, if Allah, Most High wills. In this Hadith there is evidence that it is permissible for you to many the daughter of your paternal aunt who breast-fed your brother, because there is no connec­tion between you and her, so you are not her brother, since you were not breast-fed by her mother and she was not breast-fed by your mother, so she is not your sister. Prohibition only occurs for the one who is breast-fed and his descendants. I mean that breast-feeding only affects the one who is breast-fed and his descendants. As for his brothers and sisters and their ante­cedents the prohibition does not extend to them. The prohibi­tion extends from the side of the one who is breast-fed, to him and to his descendants, and from the side of the woman who breast-fed him, and from the side of those related by her milk. That is, the woman who breast-fed him will be a mother for him, and her mother will be a grandmother for him, and her father will be a grandfather for him, and her brothers will be maternal uncles for him, and her sisters will be maternal aunts for him.

Similarly, one who is the source of a woman's milk, that is her husband, her owner (if she is a slave) or one who has had sex with her in error, is likewise a father and his sons are brothers to the one who was breast-fed, and his brothers will be uncles and his sisters aunts.

We derived all of this from the saying of the Prophet (Salallahou 'aleyhi wa salam): "What is unlawful by reason of lineage is unlawful by reason of fostering" (Al-Bukhari no. 2645 and Muslim no. 1444).

As for what I promised (to speak about) a short while ago regarding the word An-Nasab, it is that many of the common people only understand the word Al-Ansab (lineage) or the word Al-Arham (close relatives) to mean the kin of the husband and the wife, so that a man will say: "These are my Ansab, or my Arham," because he has married from among them — and this is an error, both in terms of language and of the Islamic Law, because Al-Ansab are the kin from the father's side or the mother's side and Al-Arham are likewise the kin from the father's side or the mother's side. As for the kin of the spouse, they are known as Ashar (in-laws), not Ansab. Allah, Most High says: "And it is He Who has created man from water, and has appointed for him kindred by blood, and kindred by marriage. And your Lord is Ever All-Powerful to do what He wills" (Al-Furqan 25: 54).

— Allah has declared the relationship between mankind to be based upon lineage and marriage. And they are two categories, that is to say, each of them is similar to the other, not the same as it.

I wanted to draw attention to this, so that the people will understand what is intended by the Islamic legal terms and not fall into error regarding them.

Ibn 'Uthaimin

The Forebears of the Husband are Mahrams for His Wife

Q: Is the husband's maternal grandfather considered to be a Marham for the wife?

A: All of the husband's forebears from his father's side and his mother's side are Mahrams for his wife, according to the Words of Allah, Most Glorified: "the wives of your sons who (spring) from your own loins" (An-Nisa'4: 23).

And the Hala'il (mentioned in the Verse) are the wives; and the male offspring of the daughters are known as sons of their grandfather from the mother's side, as is proven by the authentic Hadith of the Prophet (Salallahou 'aleyhi wa salam) in which he said to Al-Hasan bin 'Ali, may Allah be pleased with him: "Verily, this son of mine is a Sayyid (i.e. a leader or chief)"

(Al-Bukhari no. 2704).

And he was referring to his daughter, Fatimah's son — may peace and blessings be upon him and may Allah be pleased with her and her two sons, Al-Hasan and Al-Husain.

And Allah, the All-Powerful, Most High has made clear that 'Isa, the son of Mary is the descendant of Nuh and Ibrahim, peace be upon them, in His Words: "And We bestowed upon him (i.e. Ibrahim) Ishaq and Ya'qub, each of them We guided and before him, We guided Nuh, and among his progeny Dawud, Sulaiman..." (Al-An'am 6: 84) — up to His Words: "And Zakariyya and Yahya and 'Isa and Ilyas, each of them was of the righteous" (Al-Anam 6: 85).

And it is well known that 'Isa did not have a father; rather he was the son of a woman, and he is from the descendants of Adam and from the descendants of Nuh and Ibrahim, peace be upon him. As for the Words of Him, Most glorified: "who (spring) from your own loins" (An-Nisa' 4: 23).

And what is meant by this is the exclusion of the adopted sons, whom the people of jahiliyyah used to refer to as their sons; and Allah forbade this in His Words: "Call them (adopted sons) by (the names of) their fathers, that is more just with Allah.” (Al-Ahzab 33: 5).

Ibn Baz