became his sister. If she suckles his father's wife with his milk, she renders her forbidden to him; because she has become his son's daughter, and the father has recourse against his son for the lesser of the two amounts between what he paid to his wife or her value; because that resulted from his umm al-walad's criminal act. If she suckles one of them with other than her master's milk, she does not render her forbidden; because each of them has become the daughter of his umm al-walad.
[1374] Issue: He said: (And if he were married to an adult woman and two young girls, and the adult woman suckled the two young girls, the adult woman becomes forbidden to him, the marriage of the two young girls is rescinded, there is no dowry for him to pay to the adult woman, he has recourse against her for half of the dowry of the two young girls, and he may marry whomever he wishes of the two).
As for the prohibition of the adult woman, it is because she has become one of the mothers of his wives. As for the rescission of the marriage of the two young girls, it is because they have become two sisters, and they have gathered together in the marriage, so their marriage is rescinded, just as if they had suckled together. There is no dowry for the adult woman because the corruption came from her side, and he has recourse against her for half the dowry of the two young girls because she corrupted their marriage. He may marry whomever he wishes of the two, because the rescission of their marriage was due to the combination [of them as sisters], and it does not necessitate a perpetual prohibition. This is according to the narration in which we said: If she suckles a young girl, the rescission is specific to the adult woman. As for the narration which says: Both their marriages are rescinded, then the marriage of the latter of the two young girls remains valid; because when the adult woman suckled the first, both their marriages were rescinded, then she suckled the other, and she did not combine with them in the marriage, so her marriage was not rescinded. But if he had consummated with the adult woman, she becomes forbidden, and the two young girls become forbidden forever; because they are step-daughters whose mother he has consummated with.
Section: If a strange woman suckles the two young girls, their marriage is also rescinded. This is the opinion of Abu Hanifa and al-Muzani, and one of the two opinions of al-Shafi'i. He said in the other: The marriage of the latter [of the two] alone is rescinded; because the cause of the invalidity occurred through her, which is the combination, so it is similar to if he had married one of two sisters after the other. Our evidence is that he has combined two sisters in marriage, so their marriage is rescinded, just as if she had suckled them together. This differs from if he had contracted [marriage] with one after the other, for the contract of the second did not become valid, so he did not become, by that, a combiner between them. Here, the combination occurred by the suckling of the second, and it is not possible to say that it did not become valid, so they both occurred together in his marriage, and they are two sisters without doubt.
Section: If the adult woman's daughter suckles them, the ruling regarding the rescission is the same as if the adult woman herself had suckled them; because the adult woman becomes a grandmother to them, but the recourse is against the suckler who corrupted their marriage.
[1375] Issue: He said: (And if the young girls are three, and she suckles them separately, the adult woman becomes forbidden, the marriage of the two suckled first is rescinded, and the marriage of the last of them to be suckled remains valid. If she suckles one of them separately, and two after that together, the adult woman becomes forbidden, the marriage of the young girls is rescinded, and he may marry whomever he wishes of the young girls. And if he had consummated with the adult woman, everything becomes forbidden to him forever).
The adult woman is rendered forbidden only because she has become one of the mothers of his wives. The marriage of the two suckled first is rescinded because they became two sisters in his marriage. The marriage of the last one remains valid; because her suckling was after the rescission of the marriage of the two young girls who preceded her, so her sisterhood did not encounter a combination in the marriage. If she suckled one of them separately, and two after that together, by putting the breast in the mouth of each of them...
(52) In [B]: "gharuma" (he paid). (1) In the original: "irtada'a" (they two suckled). In [B] and [M]: "arda'ata" (the two suckled). (2) Added: "al-thaniya" (the second). (3) In [A]: "wa-huwa ahad" (and it is one).
صارَتْ أُخْتَه. وإن أرْضَعَتْ زوجةَ أبِيه بلَبَنِه، حَرَّمَتْها عليه؛ لأنَّها صارت بِنْتَ ابْنِه، ويَرْجِعُ الأبُ على ابْنِه بأقَلِّ الأمْرَينِ ممَّا غَرِمَه (٥٢) لِزَوْجَتِه أو قِيمَتِها؛ لأنَّ ذلك من جِنايةِ أُمِّ وَلَدِه. وإن أرْضَعَتْ واحدةً منهما بغيرِ لَبَنِ سَيِّدها، لم تُحَرِّمْها؛ لأنَّ كل واحدةٍ منهما صارت بِنْتَ أُمِّ وَلَدِه.
١٣٧٤ - مسألة؛ قال: (وَلَوْ تزَوَّجَ بِكَبِيرَةٍ وَصَغِيرَتَيْنِ، فأرْضَعَتِ الْكَبِيرَةُ الصَّغِيرَتَيْنِ، حَرُمَتْ عَلَيْهِ الْكَبِيرَةُ، وانْفَسَخَ نِكَاحُ الصَّغِيرَتَيْنِ، وَلَا مَهْرَ عَلَيْهِ لِلْكَبِيرَةِ، ويَرْجِعُ عَلَيْهَا بِنِصْفِ صَداقِ الصَّغِيرَتَيْنِ، وَلَهُ أنْ يَنْكِحَ مَنْ شَاءَ مِنْهُمَا)
أمَّا تَحْريمُ الكبيرةِ فلأنَّها صارتْ من أُمَّهات النِّساءِ، وأمَّا انْفِساخُ نِكاحِ الصَّغيرَتَيْنِ، فلأنَّهما صارتا أُخْتَيْنِ، واجْتَمَعَتا في الزَّوْجِيَّةِ، فيَنْفَسِخُ نِكاحُهُما، كما لو ارْتَضَعَتَا (١) معًا، ولا مَهْرَ للكبيرةِ؛ لأنَّ الفَسَادَ جاء من قِبَلِها، ويَرْجِعُ عليها بنِصْفِ صَداقِ الصَّغيرتَيْنِ؛ لأنَّها أفْسَدَتْ نِكاحَهما، وله أن يَنْكِحَ مَنْ شاء منهما؛ لأنَّ انْفِساخَ نكاحِهِما للجَمْعِ، ولا يُوجِبُ تَحْرِيمًا مُؤَبَّدًا. وهذا على الرّوايةِ التي قُلْنا: إنَّها إذا أرْضعَتِ الصَّغِيرةَ، اخْتَصَّ الفَسْخُ بالكبيرةِ. فأمَّا على الرِّوايةِ التي تقولُ: يَنْفَسِخُ نِكاحُهُما معًا. فإنَّه يَثْبُتُ نِكاحُ الأخيرةِ من الصَّغيرتَيْنِ؛ لأنَّ الكبيرةَ لمَّا أرْضَعَتِ الأُولَى، انْفَسَخَ نِكاحُهُما، ثم أرْضَعَتِ (٢) الأُخْرَى، فلم تَجتَمِعْ معهما في النِّكاحِ، فلم يَنْفَسِخْ نِكاحُها. فأمَّا إن كان دَخَلَ بالكبيرةِ، حَرُمَتْ، وحَرُمَتِ الصَّغيرتانِ على التَّأْبِيدِ؛ لأنَّهما رَبِيبَتانِ قد دَخَلَ بأُمِّهِما.
فصل: فإن أرْضَعَتِ الصَّغيرتَيْنِ أجْنَبِيَّةٌ، انْفَسَخَ نِكاحُهما أيضًا. وهذا قولُ أبي حنيفةَ والْمُزَنِىِّ، وأحدُ (٣) قَوْلَىِ الشافعىِّ، وقال في الآخرِ: يَنْفَسِخُ نِكاحُ
(٥٢) في ب: "غرم".(١) في الأصل: "ارتضعا". وفى ب، م: "أرضعتا".(٢) في ازيادة: "الثانية".(٣) في أ: "وهو أحد".