1377- Issue; He said: "And if he marries a woman (1), then says before the consummation: 'She is my sister through breastfeeding,' the marriage is annulled. If the woman confirms his statement, she has no dower (2); and if she denies his statement (3), she is entitled to half the dower."

In summary, if the husband acknowledges that his wife is his sister through breastfeeding (4), his marriage is annulled and they are separated. Al-Shafi'i held this view. Abu Hanifah said: "If he says: 'I was mistaken' or 'I erred,' his statement is accepted; because such a statement implies that no marriage existed between them. If he were to deny the marriage and then acknowledge it, it would be accepted; likewise (5) here." Our position is that he acknowledged that which entails her being unlawful to him, so his retraction is not accepted, just as if he had acknowledged a divorce and then retracted it, or acknowledged that his slave woman is his sister by lineage. What they drew an analogy to is not accepted. This discussion concerns the legal ruling; as for that which is between him and his Lord, it depends upon his knowledge of his own truthfulness. [If he knows] (6) that the matter is as he stated, she is forbidden to him, and there is no marriage between them. If he knows he is lying, the marriage remains as it was, and his statement is a lie that does not make her forbidden to him; because the factor that renders [the marriage] forbidden is the reality of the breastfeeding, not the speech. If he is in doubt about that, certainty is not removed by doubt. It is said there are two narrations regarding her lawfulness to him if he knows he is lying. The correct [view] is what we have stated, because his statement, if it is a lie, does not establish the prohibition, just as if he said to her while she is older than him: "She is my daughter through breastfeeding." Once this is established, if it is before consummation and the woman confirms his statement, she has nothing; because they both agreed that (7) the marriage is invalid from its inception (8), and no dower is due in it; thus, it is like when this is established by evidence. And if she denies his statement, the saying...