What is the ruling if a third party nurses two sisters who are married to the same man?

General Chapter

Al-Mughni

Book of Fosterage (Breastfeeding)

Book 45 · Issue 7 · Bab 1

Open in Qurani

Primary text

If a third-party woman (ajnabiyyah) nurses the two sisters married to the man, their marriage contracts are dissolved. This is the position of Abu Hanifa, al-Muzani, and one opinion of al-Shafi'i. The legal reasoning is that he has joined two sisters in marriage, necessitating dissolution, similar to if they were nursed simultaneously. This differs from marrying one sister after the other, where the second contract would be voided, preventing the joining in marriage. Here, the joining is established through the second nursing, and it cannot be said the contract was void; thus, both are simultaneously in his marriage contract as sisters.

Supporting text

The other opinion of al-Shafi'i states that only the marriage contract of the later-nursed sister is dissolved because the cause of nullification (the joining) occurred through her action, akin to marrying one sister after the other.