Will you give information about the conditions of the occurrence of milk kinship/brotherhood/sisterhood?

The Details of the Question

1. What conditions or rules are necessary for the occurrence of milk kinship according to the religion of Islam? 2. A woman said, "I breastfed this child." All of the family members of the child said, "We did not see her breastfeeding this child; she may have breastfed him without telling us or she is lying." Does milk kinship occur in that case? 3. Does milk kinship occur if she is telling the truth and if she is not telling the truth? 4. If a woman breastfed me without the permission of my family, am I regarded to be her milk child?

The Answer

Dear Brother / Sister,

The criterion in milk kinship is as follows: Only the child who sucks from a woman becomes haram for the children and grandchildren of the woman. However, there are difference views among madhhabs about the time and number of breastfeeding.

All four madhhabs agree unanimously that the occurrence of milk kinship becomes definite with the witnessing of two just men or one man and two women. However, it is controversial whether it becomes definite with the witnessing of one man or four women. According to Hanafis, it is not acceptable. For, Hz. Umar is reported to have said, "The witnessing of fewer than two men is not accepted regarding milk kinship." Consensus occurred regarding the issue since no Companion opposed it.

It will be appropriate to act in accordance with this decree if milk kinship of especially a married couple is claimed.

According to Imam Shafii and Ibn Hanbal, milk kinship becomes definite with the witnessing of four women and according to Imam Malik one man or two women. These madhhabs give importance to the witnessing of women taking into consideration the difficulty of finding male witnesses regarding breastfeeding. (see Ibnul-Humam, III/19; al-Qasani, IV/14; Ibn Qudama, VII/558 ff.; az-Zuhayli, VII/712 ff.)

The witnessing of only one man regarding the issues like virginity, marriage, birth, menstruation, breastfeeding and gynecological diseases, which men cannot generally see and know, is acceptable according to some Hanafi, Maliki, Shafii and Hanbali scholars. (Zuhayli, VI/572; for hadiths regarding the issue, see Haythami)

It is not necessary to get permission for the occurrence of milk kinship. What matters is whether the woman breastfed or not.

Besides, the witnesses need to have the necessary conditions.

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