بســـم اللــه الرحــمــن الـرحـــيــم
▪️What does a person do if they mistakenly marry their own Mahram▪️
Our Shaykh, Muhammad ibn Hizaam -may Allaah preserve him- was asked the following question:
A woman previously suckled a man who then married one of her daughters under the assumption that she only becomes his nursing sister if they were breastfed at the same time, so what should he do?
This is the assumption some people are under, that nursing relations only takes effect if the parties concerned are suckled at the same time. This is an incorrect assumption and none of the scholars have said this. In fact, the scholars have all declared that if a person is breastfed by a woman, then all of her children become his siblings, whether they were breastfed at the same time, or earlier or later, even if she does not breastfeed any of her children; the fact that they came out of her womb is sufficient, so all of her children become his siblings.
(The prophet ﷺ said):
((يحرم من الرضاعة ما يحرم من النسب))
“Suckling makes unlawful (for marriage) the same things that blood ties makes unlawful.”
This is a matter of agreement between the scholars, hence it is not permissible for him to marry the daughter of a woman who had breastfed him five clear sucklings (or more). If he does marry her, their marriage is invalid and there’s no need for divorce because he married his sister, so all that’s upon him is to leave her.
If he consummated the marriage then she gets to keep her Mahr for what he made lawful of her private parts, and if he had any children with her, they are legitimate children due to the doubtful nature of this marriage contract and due to their ignorance. However, as soon as he is made aware of this it becomes haraam for him to remain with her; (if he continues in the relationship) he would be committing Zina with his relative, and we seek refuge with Allaah.
Abu Ishaq Muhammad Ibn Ahmad Ba-‘Alawi
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