What is the legal consequence if a young, married woman nurses five times from an older, married woman while both are asleep, resulting in a perpetual impediment between the two older women?

General Chapter

Al-Mughni

Book of Fosterage (Breastfeeding)

Book 45 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the older woman's marriage is invalidated due to the fosterage established while she was asleep, the younger woman's marriage is dissolved, and the younger woman is permanently forbidden (Muharrama 'ala at-ta'bid) to the older woman's husband. If consummation had already occurred with the older woman, the younger woman's marriage dissolves, and she receives no dower because she invalidated her own marriage. The husband must seek recovery of the older woman's dower from the younger woman's wealth, according to our companions, though the preferred opinion denies this recovery.

Supporting text

If consummation had not occurred with the older woman, the husband owes her half her dower, which he may recover from the younger woman's wealth, as the younger woman invalidated her marriage.