What is the ruling when a husband confesses a relationship that implies fosterage prohibition but is patently false?
General Chapter
Al-Mughni
Book of Fosterage (Breastfeeding)
Primary text
If a husband declares his wife is his paternal aunt (ammah), maternal aunt (khalah), niece (daughter of brother or sister), or mother through fosterage, and the claim is verifiably false based on known facts (e.g., claiming a mother from someone younger or a daughter from someone older), the declaration does not invalidate the marriage. This is the position of Al-Shafi'i. The ruling aligns with confessions regarding blood relations when the falsehood is evident.
Supporting text
Abu Yusuf and Muhammad rule that the wife is prohibited, arguing that the confession establishes the prohibition, which must be accepted just as if the claim were possible. This opposing view is rejected because the confession is founded upon a known falsehood, similar to claiming Eve breastfed him, and it is distinguished from cases where the claim is plausible, as in those instances, the falsehood is not confirmed.