Establishing Suckling on the Basis of Hearsay

Question

After the death of his first wife Zeb un-Nisa, Abdullah Khan contracted a second marriage with Mehr un-Nisa. Mir Khan, the son of Barkat un-Nisa, daughter of Zeb un-Nisa, was orphaned at the age of nine months, that is, his mother (Barkat un-Nisa) died. Mehr un-Nisa — who was then forty years old, had already been widowed, and whose milk had long since dried up — brings up Mir Khan. Mir Khan is reared on cow’s milk, but sometimes, when Mir Khan cries, Mehr un-Nisa puts her breast in his mouth to quieten him.

Answer

If there is the testimony of two upright men, or of one upright man and two upright women, then according to the Shari‘a, in the case asked about, Mir Khan’s marriage contract with Basira has not been validly concluded; separation is wajib. And since the bride has not been sent to her husband’s home, neither mahr nor ‘idda is wajib either.

Source: Fatawa Mahmudiyya

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