Part 27

A man used his wife’s milk in washing his eyes and another suckled milk from his wife. Do their wives become prohibited?

Q: A man’s eyes caused him pain and he washed them by using his wife’s milk. Does she become prohibited if he drank such milk and it reached his stomach? Another man loves his wife and while flirting her, he suckled some of her milk, does she become prohibited for him?

A: All praise be to Allah. It is permissible for the man to

wash his eyes by using his wife’s milk and she is not

prohibited for him as a wife for the following reasons:

1.He is an old man and if an old man suckled his wife’s milk or any other woman’s, it does not lead to prohibiting any sort of marriages according to the unanimous agreement of the four Juristic Schools and almost all scholars, as indicated by the Qur’an and Sunnah. ~A’ishah’s Hadith on Salim, the freed slave of Abu Hudhaifah, is a special case because he adopted him before adoption was prohibited.

2. Washing the eyes with milk does not lead to prohibiting any sort of marriage. This is a point of agreement among all scholars. Yet, there is dispute among scholars when milk is entered through his nose. This leads to the said prohibition according to Abu Hanifah, Malik and one of the narrations of Shafi I and Ahmed. Most scholars believe that when milk is entered through the nose via means other than suckling, it leads to the

said prohibition. This is also the most renowned opinion in Ahmed’s juristic school.

As for the second question, suckling the wife’s milk does not lead to the said prohibition according to the unanimous agreement of the four Juristic Schools.

A boy was suckled by a woman, and ten years later, she gave birth to a girl, is it permissible for him to marry this girl?

Q: A boy was suckled by a woman twice, and ten years later she gave birth toa girl, is it permissible for him to marry this girl?

A: If he was suckled five times during the first two years of his life, he becomes her son. It is prohibited for him to marry any of her daughters whether born before or after he had been suckled according to the unanimous agreement of Muslim scholars.

A “suckling” is defined as the baby’s sucking milk from the woman’s breasts and then leaving it. If he did so five times in just one suckling, this is considered as five sucklings. The same thing is applicable if he did it in two sucklings. A “suckling” does not refer to the quantity of milk a baby may have each suckling session, because she may suckle him in the morning and evening and during

each session, he may have taken many sucklings. Allah

16. When a boy is suckled by a girl’s mother and later this boy died, is it permissible for his brother to marry this girl?

Q: A woman has a boy and another has a girl. The girl’s mother suckled the boy many times, and later this boy died, is it permissible for his brother to marry this girl? Please be acknowledged that this brother was not suckled by the girl’s mother at all.

A: According to the unanimous agreement of the four Juristic Schools, it is permissible for the brother of the suckled boy to marry the daughter of the suckling woman whether the suckled boy is dead or alive. Allah knows best.

A boy was suckled by the wife of his uncle when he was more than two years old, is it permissible for him to marry her daughter?

Q: A boy was suckled by the wife of his uncle when he was more than two years old, is it permissible for him to marry her daughter?

A: If he was suckled after he had been more than two years old, it is permissible for him to marry her.

When a woman keeps her breast away from a baby once he starts suckling, is it permissible for him, once he is old, to marry this woman’s daughter?

Q: A woman has given another her baby while they were in a public bathroom. The baby starts suckling the woman’s breasts while the woman was unaware. She kept away from him and she is not sure whether he had been suckled or not. Is it prohibited for this boy to marry any of the suckling woman’s daughters?

A: According to the unanimous agreement of the four Juristic Schools, it is not prohibited for this boy to marry any of her daughters, because she is not his mother and she is not to be prohibited depending on a doubtful event.

Alimony A man divorced his wife thrice and he has a girl

who is still suckled, is he entitled to pay alimony?

Q: A man divorced his wife thrice and he has a girl who is still suckled, and her family obliged him to pay alimony. What is the term of ~Iddah (waiting period) during which she will not menstruate so that she may suckle the girl?

A: All praise be to Allah. According to the majority of Muslim scholars such as Malik, ShafiI and Ahmed, the woman thrice divorced does not deserve alimony. Abu Hanifah believes that she deserves it so long as she is still in her waiting period. If she still menstruates, her waiting period extends until she menstruates three times. Almost always the woman who suckles is exposed to late menstruation. According to the unanimous agreement of Muslim scholars, she must receive money in return of suckling the girl as Allah said: “And if they suckle your (offspring), give them their recompense.” The alimony is to be paid by the well to do while the poor are not entitled to pay it.

When a woman needs money, does she take it from her husband or from her dowry?

Q: When a married woman needs money, does she take it from her husband or from her dowry?

A: A husband is obliged to support his wife financially out of his own money, and not from her dowry. As for the

postponed portion of her dowry, it is permissible for her to demand for it. If the husband gave it to her, it is rather better. If he refused, he should not be obliged to do so until they are separated either by death or divorce. Allah knows best.

When a woman disobeys her husband, is he still entitled to support her with money and clothes?

Q: A man married a woman who disobeys him and even though demands for money and clothes, does she deserve them?

A: If she refused to have intercourse with him or she got out of his house without his permission, she does not deserve financial support or clothes. The same ruling applies when he asks her to travel with him but she refuses. As long as she disobeys him, she does not deserve financial support or clothes.

When a man leaves his wife for a whole year and does not support her with money, is it

permissible for her to marry another man to support her?

Q: A man married a woman and traveled for a whole year leaving no money to support her. Besides, she does not have any other money to support her and she was about to die out of hunger. A man engaged her and married her. When she became pregnant, the judge was informed of this new marriage and he separated between them. Later, she gave birth to a baby and the second husband kept on supporting her until the boy was four years old. Until now, the first husband did not return and it is not known where he lives. Is it permissible for her to return to the second husband or wait for the first?

A: If the first husband did not support her, marriage could be abrogated. When her waiting period is over, she can marry any other man. Only the judge has_ the right to abrogate this marriage. If she did it herself for whatever reason, this is a controversial point of disagreement among scholars.

If the judge did not abrogate the first marriage contract and declared that her husband is dead and she married another, such marriage is invalid. If the second husband thinks that this marriage is valid because of the first husband’s death or whatever reason, the born baby belongs to him and he should pay her dowry. Yet she must spend a waiting period as the first marriage is abrogated, then she is free to marry whomever she wants.

After a man had married a woman, he left her for a whole year and traveled to his country. He did not send her money, is it permissible for the

wife’s father to abrogate the marriage?

Q: After a man had married a woman, he wanted to travel to his country. The agent of his father-in-law said to him: “Do not travel. Either you give the advance portion of the dowry and take your wife with you or settle the matter with your father-in-law.” He traveled and did not pay attention to the agent’s request. He was away for a year and he did not send her money to support her. Is it permissible for the wife’s father to demand for abrogating the marriage?

A: Yes it is. Once this husband married her, it is obligatory to support his wife. If he did not, the wife has the right to demand for abrogating the marriage.

When a wife travels with her father without her husband’s permission, what is the legal ruling concerning them?

Q: A man married a woman and he supports her financially. Yet, she disobeyed him and even traveled with her father without the husband’s permission. What is the legal ruling concerning them?

A: All praise be to Allah. If the father-in-law traveled with the wife without the husband’s permission, he is to be punished some way or other. The wife is to be punished as well if she has the ability to refuse such travel. Once she traveled, she does not have the least right to receive financial support from her husband. Allah knows best.

A wife’s family asked the husband to provide her with the clothes sufficient for a year and they have already obtained them. Then they demanded for money and said that they will support her. Is this act permissible?

Q: A man married a woman for a year and then a quarrel took place between him and her family. They demanded for the clothes sufficient for a year and they have already obtained them. Then they demanded for money and said that they will support her claiming that they have not allowed him to support her! Is this act permissible?