The Ruling When Suckling Is in Doubt

Question

‘Abd al-Qadir and Salma Khatun are full maternal first cousins (children of two sisters). After reaching adulthood the two were married, and a son was born to them. On one occasion ‘Abd al-Qadir’s mother said: “During the suckling period I once took your wife, or her other sister, onto my lap. Now I do not know whether she drank my milk or not. Your maternal aunt was also present; perhaps she remembers, so ask her.

Answer

If ‘Abd al-Qadir and Salma have no certainty about this, they should have no hesitation: this nikah is valid, since neither does the woman who is said to have suckled have certainty, nor is there any evidence recognised by the Shari‘a for it. [ar]وَحُجَّتُهُ حُجَّةُ الْمَالِ[/ar] “The proof of suckling is the proof required in matters of property” (“al-Durr al-Mukhtar”).

Source: Fatawa Mahmudiyya

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