Does a marriage dissolve, allowing inheritance if a wife suckles her husband's son out of sexual desire during her fatal illness?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 3 · Bab 5

Open in Qurani

Primary text

If a wife accepts suckling her husband's son out of sexual desire, two opinions exist regarding the validity of the marriage and inheritance. One opinion, held by Abu Hanifa and his school, maintains that the marriage dissolves, and the husband inherits if she dies during her waiting period (iddah).

Supporting text

The second opinion, held by Al-Shafi'i, states that the marriage does not dissolve in this situation.