marrying your brother's foster sister

Question:

Is marriage between two cousins allowed if one of the two mothers fed her milk to the younger brother of the boy? I know that the boy who was fed milk is mahram to his cousins, but is the second brother who was not fed milk also a mahram or not?
Jazakullahu khairun

Answer:

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the Name of Allah, the Most Gracious, the Most Merciful.

If Zaid was breastfed by his aunt Jameela (when he was 2 and half lunar years old or less) and Jameela has a daughter by the name of Bushra then Zaid and Bushra are foster siblings and cannot marry one another. If Zaid has a biological brother by the name of Khalid who was not breastfed by Jameela then Bushra and Khalid are NOT foster siblings and they can marry one another. This is regardless of whether Khalid is older than Zaid or younger.

لما في فتح باب العناية شرح كتاب النقاية 2/388:
وتحل أخت أخيه من الرضاع بأن يكون لرجل أخ من الرضاع له أخت من النسب فيحل لذلك الرجل أن يتزوج بتلك الأخت من النسب
وانظر: كفاية المفتي: 5/162-163

And Allah Ta'ala knows best.

Faizal Riza
16/3/2015

Concurred by:
Mufti Husain Kadodia
Mufti Emran Vawda

Darul Ifta Australia
www.fatwa.org.au

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