Are the sucklings that occurred on the second day after birth, during which the mother would remove the infant from her breast before he was satiated, considered to establish حرمة (prohibition of marriage), even though their number did not reach five sucklings?
Scholars have differed regarding the number of sucklings that establish prohibition. The Hanafis, Malikis, and some Hanbalis are of the opinion that a single suckling establishes prohibition. The Shafi'is and the predominant view of the Hanbalis stipulate five satiating sucklings, and this is the relied-upon opinion for . What is considered regarding sucklings is that they be separate, such that the child leaves the breast by his choice and then returns to it. The determination of a suckling is based on common practice (urf). In cases of doubt about the number of sucklings, whether they are five or fewer, prohibition is not established. It is advisable not to marry the daughters of a paternal aunt who breastfed you, as a way of exiting the disagreement among scholars who hold that even a single suckling establishes prohibition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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