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The question

What is the number of breastfeedings that prohibit marriage to a cousin (daughter of a maternal aunt), and is their number based on conjecture and logic or certainty, and what is the ruling if the aunt changes her testimony due to the mother's fear?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars differed on the number of sucklings that establish prohibition. The Shafi'is and the Hanbalis, in the soundest opinion of their school, hold that prohibition is established by five sucklings, and this is the relied-upon view. Whereas the Hanafis, the Malikis, and the Hanbalis (in one narration) hold that a single suckling suffices.

For marriage to be prohibited, five sucklings must be proven. The mother's testimony of suckling is not sufficient without detailing the sucklings. The suckling that establishes prohibition must be explained and clear, such that the witness testifies that the child suckled five separate times, and the milk reached his stomach during the first two years of life.

If there is doubt about the number of sucklings, prohibition is not established, because the default is its non-existence, and certainty is not removed by doubt.

It is advised to avoid marrying the girl in this situation for two reasons: 1. The mother's disapproval and her fear of doubt. 2. Avoiding the marriage is more cautious and absolves one's responsibility, acting upon the Prophet's (peace be upon him) in such cases.

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Ftawy
Original fatwa ID
140707
Imported
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