What happens to the *mahr* if consummation occurred with one of the older wives when the young wife's marriage is invalidated by suckling?

General Chapter

Al-Mughni

Book of Fosterage (Breastfeeding)

Book 45 · Issue 3 · Bab 1

Open in Qurani

Primary text

If consummation had occurred with one of the older wives, the young wife also becomes forbidden, and her marriage is invalidated. She is due half of her *mahr*, which she claims back from the older wives in equal thirds. The wife with whom consummation occurred retains her full *mahr*. There is a difference of opinion regarding the right of recourse for the young wife's *mahr* among the older wives.

Supporting text

If the milk was mixed and one older wife suckled the young wife five times, the *mahr* owed to the co-wives is reclaimed by the young wife if consummation had not taken place with the older wives, as she invalidated their marriages. If consummation had occurred, she retains her *mahr* and has no recourse against anyone. If each of the older wives suckled the young wife five times individually, the marriages of the three older wives are invalidated. If no consummation occurred, the husband owes them no *mahr*. If consummation occurred, he owes each of them her full *mahr* without recourse against anyone. The young wife becomes forbidden, and the amount due concerning her *mahr* is reclaimed from the first suckling nurse because she alone caused the nullification of the young wife's marriage and the termination of her marriage contract.