I want to marry with my mother’s sister’s Daughter(Khala ki ladki) but when i was just a 2 months old at that time my mother and her sister was sleeping in same place at night. and at midnight my mother’s sister wake up she find me beside her. and she thinking that i had sucked her milk. she is not fully confident because of that she was in sleeping mode.when this was happened at that time no more discussion happened on this topic. but after some times just five years before my mother’s sister give a proposal to marry her daughter (second daughter) with me at that time my father told her its not possible because you had sucked irshad(me) after that she nothing told to my father and she did not clear my father  that she is in confusion not fully confident that she had sucked me or not. but now this topic again rising that’s why i want to clear that. Now my mothers sister told that she only know that when at midnight she wake up i was beside of her and also saying that may be at sleeping moment i sucked her mil but she is not confident. But my mother saying that no you had sucked her that time my mother’s sister had also one baby(daughter first) of 2 months.

So, this is all about please tell me that I can marry with my mother’s sister’s daughter (daughter second) or not. Please tell me fatwa on this topic. I will always thankful to you.

In the name of Allah, the most Beneficent, the most Merciful.

Answer

In the Hanafi Fiqh you require the testimony of two men or one man and two women before establishing whether a woman has breastfed a boy or girl. (Hidayah p.354 v.2)

Even though in your situation the testimony of two men or one man and two women are not being found, it is still advisable that you don’t go ahead with the marriage as there is now a doubt whether the girl you are marrying is in fact your sister or not.

Uqba Bin Harith narrates, “I married a woman and then a black lady came to us and said: “I have suckled you both (you and your wife). So I came to the Prophet of Allah Sallallahu Alahi Wasalam and said, I married so and so and then a black lady come to us and said to me, “I have suckled both of you but I thibk she is lying.” The Prophet of Allah Sallallahu Alahi Wasalam turned his face away from me and I moved to face his face, and said: “…She is lying.” The Prophet of Allah Sallallahu Alahi Wasalam said: “How can you keep her when that lady has said that she has suckled you both of you? So abandon (divorce) her.” (Sahih Bukhari p.764 v.2 & Sunan Tirmizi p.218 v.1)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.