Establishing the Prohibition by Suckling

Question

A certain Zayd engaged his daughter to the son of his full sister Hinda, and the engagement ceremony was carried out in full at a gathering: for example, feasting the relatives and, by the same custom, giving his sister clothes and the like — everything was done. Eight or nine days have now passed, and at his sister’s insistence Zayd fixed the day of his daughter’s nikah.

Answer

To establish suckling (rada‘a), the Shari‘a requires the testimony of two upright (‘adl) men, or of one man and two upright women. By the testimony of only one woman, or of one man and one woman, the prohibition by suckling is not established; so if the nikah is concluded, it will not be haram. In the case asked about the testimony is incomplete, therefore the nikah is valid.

Source: Fatawa Mahmudiyya

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