The Prohibition by Fosterage Became Known after the Nikah and the Birth of Children

Question

Zayd contracted nikah with Hinda, and about three years have passed since the nikah; during this time two children were born to Hinda. After about three years it became known that Zayd had drunk the milk of Hinda’s maternal grandmother during the period of suckling (muddat al-rada‘a), in connection with which the ‘ulama’ gave a fatwa that the two cannot remain together. After that the two were separated. But no verbal divorce (talaq) has taken place, and after that Zayd has also married a second time.

Answer

Zayd’s nikah with Hinda took place in a state in which the prohibition by fosterage was not known; therefore this nikah is fasid (irregular). The lineage of the children who were born is established. On learning of the fosterage, let Zayd say with his tongue: “I have ended the marital relationship with Hinda.” Then, after observing the ‘idda, let Hinda contract nikah elsewhere.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.