Verifying breastfeeding in the will


375

Q 5: I breastfed another baby along with my son, during the first year of his life. I breastfed him more than five times until he had his fill during the two years (of infancy). Has this baby become a brother to all of my children or just to my son who breastfed with him? Has this baby’s mother become a mother to all my children, although she did not breastfeed any of my children, in fact it was I who breastfed her son? Are this baby’s siblings considered as milk-brothers and sisters to all my children or is it just the baby I breastfed who is considered a milk-brother to my children?Will this baby inherit in the same way as my children or does he have no inheritance rights?Is it Halal (lawful) for my children to marry any of the brothers or sisters of this baby whom I breastfed?Do I have to write in my will that I breastfed this baby, so my children will not marry his brothers or sisters by mistake after my death, because there may be some people who do not know that I breastfed him and they may marry one of his brothers or sisters. (Part No. 21; Page No. 63


A: The breastfeeding that creates the relationship of Mahram (unmarriageable relatives) is five or more feedings given to a baby during the first two years of its life. If this happens, this baby (by breastfeeding ties) is a milk-son to you and to your husband and a milk-brother to all of your children. As regards the mother of the baby and his siblings, there is no legal effect on them resulting from this breastfeeding. It is, therefore, Halal for his brothers to marry your daughters. Breastfeeding is not a legal foundation for inheritance, but there is nothing wrong with you recording this breastfeeding in your will, so it will not be kept hidden. Allah (Exalted be He) says: Forbidden to you (for marriage) are: your mothers, your daughters to His Saying: ...your foster milk suckling sisters Also Allah (Exalted be He) says: The mothers shall give suck to their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling It is authentically reported that the Prophet (peace be upon him) said, “Breastfeeding prohibits what birth (consanguinity) prohibits.” It is also authentically reported that `Aishah (may Allah be pleased with her) said, "Amongst what was revealed from the Qur’an was: 'Ten known breastfeeding make (marriage) Haram (prohibited)...' It was then abrogated by: 'Five known breastfeedings...' The Messenger of Allah (peace be upon him) died while such was the practice."It should be borne in mind that if a baby takes to a breast and sucks milk from it, and then leaves it, this is considered as one breastfeeding and if it does it again and sucks milk, this will be considered as the second breastfeeding, and so on. (Part No. 21; Page No. 64) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




Tags: