If a man marries his son's mother or his female slave to a male slave, and she nurses the male slave five times with the milk of her master (the first man), what is the ruling?

General Chapter

Al-Mughni

Book of Fosterage (Breastfeeding)

Book 45 · Issue 7 · Bab 1

Open in Qurani

Primary text

If a man marries his son's mother or his female slave to a male slave, and she nurses the male slave five times with her master's milk, the marriage is dissolved, and she is permanently prohibited to her master because she became one of those prohibited in relation to his sons (i.e., his son's foster-mother became the foster-mother of his slave-son).

Supporting text

If the nursed boy was free, this issue is not applicable. If he was free, his marriage to the woman was invalid because a condition for a free man marrying a female slave—fear of temptation (ʿanant)—is not present in a child. If he married her, the marriage was invalid, and if she nursed him, she is not prohibited to her master because he is not considered a true husband in that context.