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Issue No. 2107Miscellaneous Rules Concerning Marriage

Returning a Woman's Husband who has Divorced Absentee

Issue No. 2107- If a woman who is sure that her husband died while on a journey, marries another man after completing the ‘iddah of death (waiting period that will be explained in the rules relating to divorce), and later her first husband returns from his journey, she should immediately separate from the second husband and she will be halal to her first husband. However, if the second husband has had sexual intercourse with her, she should observe ‘iddah and the obligatory precaution is that the second husband should give her the agreed mahr or the mahr equal to that of a woman in her status in case the agreed mahr is less than that.

Issue No. 2108Breast Feeding

Those who become Mahram in Result of Fostering an Infant

Issue No. 2108- If a woman suckles a child with the conditions which will be mentioned in the coming issues, that woman is regarded as its mother, and that man, i.e., the husband of the woman (to whom the milk is related) is considered as its father. The father of that man is considered its paternal grandfather and his mother is considered as its paternal grandmother, his brother is considered as its paternal uncle, his sister is considered as its paternal aunt, and his children are considered as its brothers and sisters. Similarly, the father of that woman (the one who suckles the child) is considered as the child’s maternal grandfather, her mother is considered as its maternal grandmother, her brother is considered as its maternal uncle and her sister is considered as its maternal aunt. Also, the girl who has been suckled by the woman will be haram to that woman’s husband, provided that this man has had sexual intercourse with his wife. One cannot marry the woman who has breastfed his wife, because she is considered to be as his mother-in-law. In other words, when a child is suckled with the conditions that will follow, that child will become maḥram to the following:1- The woman herself (i.e., the woman who suckles the child) and she is called the riḍā‘ī mother.2- The husband of the woman [to whom the milk is related to]; he is called the riḍā‘ī father.3- The father and mother [even the riḍā‘ī mother and father] of that woman and all above them in the family line.4- The children born of that woman or those who are born to her later. 5- The children of the children of that woman, however low they may go in the family line, regardless of whether they are born of her children or her children had suckled them.6- The sister and brother of that woman, even if they are her riḍā‘ī sister and riḍā‘ī brother.7- Paternal uncle and paternal aunt of that woman, even if they are her riḍā‘ī uncle and riḍā‘ī aunt. 8- Maternal uncle and maternal aunt of that woman, even if they are her riḍā‘ī uncle and riḍā‘ī aunt.9- The children of that woman’s husband (to whom the milk is related), however low they may go in the family line, even if they may be his riḍā‘ī children.10- The father and mother of that husband (to whom the milk is related), however high they may go in the family line.11- The sister and brother of the husband (to whom the milk is related), even if they are his riḍā‘ī sister and riḍā‘ī brother.12- The paternal uncle, paternal aunt, maternal uncle and maternal aunt of the husband (to whom the milk is related), however high they may go in the line. There are some other persons also (details regarding whom will be given in the following issues) who become maḥram on account of suckling.

Issue No. 2109Breast Feeding

Infant's Father has no Right to Wed the Daughters of Fostering-woman

Issue No. 2109- If a woman suckles an infant under the conditions that will be explained later, the father of that child cannot marry the daughters of that woman nor, as an obligatory precaution, can he marry the daughter of the man to whom the milk belongs. Moreover, the obligatory precaution is that he should not marry the riḍā‘ī daughters of that woman also. However, there is no objection in marrying the riḍā‘ī daughters of that woman from another husband.

Issue No. 2109Breast Feeding

Infant's Father has no Right to Wed the Daughters of Fostering-woman's Husband

Issue No. 2109- If a woman suckles an infant under the conditions that will be explained later, the father of that child cannot marry the daughters of that woman nor, as an obligatory precaution, can he marry the daughter of the man to whom the milk belongs. Moreover, the obligatory precaution is that he should not marry the riḍā‘ī daughters of that woman also. However, there is no objection in marrying the riḍā‘ī daughters of that woman from another husband.

Issue No. 2110Breast Feeding

Fostering-woman's Husband will not become Mahram to the Sisters of Infant

Issue No. 2110- If a woman suckles a child under the conditions that will come later, the husband of that woman to whom the milk is related, does not become maḥram to the sisters of that child, but the recommended precaution is that he should not marry them. Similarly, the relatives of the husband do not become maḥram to the sisters and brothers of the child.

قرآن و تفسیر نمونه
مفاتیح نوین
نهج البلاغه
پاسخگویی آنلاین به مسائل شرعی و اعتقادی
آیین رحمت، معارف اسلامی و پاسخ به شبهات اعتقادی
احکام شرعی و مسائل فقهی
کتابخانه مکارم الآثار
خبرگزاری رسمی دفتر آیت الله العظمی مکارم شیرازی
مدرس، دروس خارج فقه و اصول و اخلاق و تفسیر
تصاویر
ویدئوها و محتوای بصری
پایگاه اطلاع رسانی دفتر حضرت آیت الله العظمی مکارم شیرازی مدظله العالی
انتشارات امام علی علیه السلام
زائرسرای امام باقر و امام صادق علیه السلام مشهد مقدس
کودک و نوجوان
آثارخانه فقاهت