#545: Ruling on Foster Children

QUESTION

DOES A GRAND-MOTHER BREAST-FEEDING HER GRAND CHILD MAKE HER HIS/HER FOSTER MOTHER?

” Assalamu alaykum. May Allah increase you in piety, aamin. Pls my question goes thus: if for good reasons, a grandma breastfed his grand son for consecutive times, would it be permissible for him( the grandson) to marry his cousin sister??”

ANSWER

Wa Alaykum Salām Warahmatullāh Wabarakātuh.

Āmīn to your Du’ā, and may Allāh increase you in same, āmīn.

As for your question, Alhamdulillāh, know firstly, that the Ulamā differed on the quantity of Breast feeding for which the ruling of Radā’ah (Foster Motherhood) applies.

The position held by the Hanafī and Mālikī Schools, as well as an unofficial position in the Hanbali Madh’hab is that any form of breastfeeding, regardless of the quantity is regarded as Radā’ah and thereby making the Ruling of Foster Motherhood apply.

The Shāfi’ī and Hanbalī Schools held that the Ruling of Radā’ah does not apply unless the Child has sucked 5 times to his/her fill.

And their proof for this is the Hadīth recorded by Imām Al-Muslim – rahimahullāh – from ‘Ā’ishah – radiyallāhu ‘anhā – saying:

كان فيما نزل من القرآن عشر رضعات معلومات يحرمن، ثم نسخن بخمس معلومات.

“It was of what was sent down of the Qur’ān: ten known wet nursings brings the foster relationship, then it was abrogated with five known (wet nursings).”

For this reason, the position held by the Shāfi’īs and the Hanbalis, Rahimahumullāh.

Secondly,

On the Wet Nursing of the Grand Mother

This is permissible but disliked by the Ulamā. This is because of the complexity of relationships that comes out of that.

Now, if the Wet Nursing is for five times and the child gets full from the breastfeeding, then it becomes impermisisble that he marries his cousin just as has come in the question because he becomes her uncle by fostership.

The complexities that come with these wet nursing are beyond the understandings of most of our People and this is why the Ulamā do not advise it.

And Allāh knows best.

Lastly, what is meant by breast feeding to his full is that the child holds or clings to the breast and continues to suck until he releases it. This is deemed one sucking.

This sucking must happen five times even if in one sitting before the Ruling of Wet Nursing cab apply in accordance to the sounder of the two positions as we have explained, and Allāh knows best.

Bārakallāhu fīkum.
Jazākumullāhu Khayran.

📚 IslamNode