Fatwa ID: 07256
Answered by: Maulana Ubaidur Rahman
Question:
Assalamualikum, if a man is breastfed by a woman when he was a baby, does that woman’s husband become that mans wife’s mahram, just like his biological dad would be her mahram.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
The mans wife will become mahram to the breast feeders’ husband because she is linked to her own husband by blood and intimacy relations. So the same way that the breast feeder is haram for marital relations with her breastfed son, the same way the wife of the breastfed son will be prohibited for relations with the breast feeders husband. This is established through hurmat musaaharah.
Hurmat e musaaaharah is that relationship which comes into being as a result of marriage.
والزَّوجان عليهما: أي تحرمُ المرضعةُ وزوجُها على الرَّضيع، ويحرمُ قومُهما على الرَّضيع كما في النَّسب، وتحرم فروعُ الرَّضيعِ على المرضعةِ وزوجِها، ويحرمُ زوجُ الرَّضيع على المرضعةِ وزوجِها1
Hurmat e musaaharah is that relationship established through bond as marriage. A person is forbidden from getting into a relationship with someone connected to their partner because on the boundaries established through hurmat e mussaharah.
When two people touch each other with lust and no thick cloth in between separating them, hurmat e mussaaaharah will be established, according to the Hanafi mazhab. The lust will be necessary to feel at the same time when touching, for the prohibition effect to take place after.
حُرِّمَتْ عَلَيْكُمْ أُمَّهَـٰتُكُمْ وَبَنَاتُكُمْ وَأَخَوَٰتُكُمْ وَعَمَّـٰتُكُمْ وَخَـٰلَـٰتُكُمْ وَبَنَاتُ ٱلْأَخِ وَبَنَاتُ ٱلْأُخْتِ وَأُمَّهَـٰتُكُمُ ٱلَّـٰتِىٓ أَرْضَعْنَكُمْ
Translation: Forbidden for you (Haraam for you to marry are) your Mothers (and your Grandmothers), your daughters (and granddaughters), your sisters (half and full), your fathers (and grandfathers) sisters, your mothers (and grandmothers) sisters, your brothers daughters (and granddaughters), your sisters daughters (and granddaughters), your suckling mothers those women who breastfed you before you turned two years of age. All the daughters, granddaughters, sisters, aunties mother may also not marry the child she breastfed.2)
وَفِصَٰلُهُۥ ثَلَٰثُونَ شَهۡرًا
And she breastfed the child for three years3
أَيْ مُدَّةُ كُلٍّ مِنْهُمَا ثَلَاثُونَ غَيْرَ أَنَّ النَّقْصَ فِي الْأَوَّلِ
Meaning to say that in every term there is upto three complete years of complete suckling while the child remains in their infancy and in need of breastmilk4.
The Prophet (PBUH) has said,
“ يَحْرُمُ مِنَ الرَّضَاعَةِ مَا يَحْرُمُ مِنَ الْوِلاَدَةِ ” .
The same prohibitions of relations/hurmat e musaaharah is present in suckling (breastfeeding woman) like the prohibitions in birth/(Mother)5.
The resolution and basis of suckling is not linked to the bearing of the child, in order for the hurmat/prohibition to apply. Rather, it is the suckling of the child for an extended period, over three complete years which establishes the hurmat and bond between the breast feeder and the breastfed child, not the bearing of the child.
6 لِأَنَّ الْإِخْبَارَ بِالزَّمَانِ عَنْ الْمَعْنَى صَحِيحٌ بِلَا تَقْدِيرٍ
This is due to the reason of the hurmat/prohibition coming on the basis of time, the time spent suckling the child – for the correct application and definition of hurmat/prohibition.
So whoever is connected by way of wedlock to the person upon whom hurmat applies, the hurmat will apply on them also from the husbands side.
يثبتُ بمصَّةٍ في حولينِ ونصفٍ لا بعده أمومةُ المُرْضعةِ للرَّضيع
فالحولان ونصف قولُ أبي حنيفة رضي الله عنه
Two and a half years of suckling has been established by Imam Abu Haneefah (RH)7.
ويحرمُ زوجُ الرَّضيع على المرضعةِ وزوجِها: أي الرَّضيعُ إن كان ذكراً تحرمُ زوجتُهُ على زوجِ مرضعتِه، وإن كان الرَّضيعُ أُنثى يحرمُ زوجُها على مرضعتِها
And the spouse of the breastfed is forbidden upon the breast feeder and their spouse: the relationship has been made prohibited from their initial relationship with the breastfeeder/breastfed which establishes ties of kinship between them both.
Based on the relationship of the wife to her husband, the one who was breastfed by the woman breast feeder, relations between the first wife and the breast feeders’ husband is prohibited because of the existing relationship between her and her husband.
Only Allah (عز و جل) knows best.
Written by Maulana Ubaidur Rahman
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References
1 Sharh Wiqaayah, volume 2, page 53,
2 Surah Nisaai, ayat 23, Quraan Made Easy, page 101, Islamic book service.
3 Surah Ahqaf, , ayah 15.
4 Radd al Mukhtaar, page 210, volume 3
5 Saheeh Muslim, 1444b.
6 Radd al Mukhtaar, page 210, volume 3
7 Sharh hul Wiqaayah, volume 2 page 51, Ubaydullah bin Masood al-Mahboobi.
