Establishment of lineage and obligatory ‘idda in an irregular (fasid) nikah

Question

Question: Hinda, during the period of suckling (rada‘a), drank the milk of Zayd’s own mother, Zaynab, together with Zayd’s own younger brother, Bakr. The parents of Zayd and Hinda, remembering this and supposing that since Hinda drank milk together with Bakr she would become Bakr’s milk-sister but would not be Zayd’s milk-sister, therefore contracted the nikah of Zayd with the said Hinda.

Answer

The texts of the jurists concerning fasid and batil nikah differ: from some texts it appears that there is no difference at all between the two, and from others a difference is also apparent. Thus ‘Allama Shami has discussed this in “Bab al-Mahr”, “Thubut al-Nasab”, “Wujub al-‘Idda”, “Kitab al-Hudud” and elsewhere. Then the preference (tarjih) has also differed.

Source: Fatawa Mahmudiyya

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