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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 344Section

Translation · EN

is her statement, because his statement is not accepted against her to drop (9) her rights. Thus, his acknowledgment is binding upon him regarding what is his own right—namely her being unlawful to him and the annulment of his marriage—but his statement is not accepted regarding the dower that is incumbent upon him.

Section: If he says: "She is my paternal aunt, maternal aunt, brother's daughter, sister, or mother through breastfeeding," and his truthfulness is possible, the ruling is the same as if he said: "She is my sister." If his truthfulness is not possible, such as if he says to someone younger than him or his peer: "This (10) is my mother," or to someone older than him or his peer (11): "This is my daughter," she does not become unlawful to him. Al-Shafi'i held this view. Abu Yusuf and Muhammad said: She does become unlawful to him, because he has acknowledged (12) that which makes her unlawful to him, so it is mandatory that it be accepted, just as if it were possible. Our position is that he has acknowledged something whose falsehood is verified (13), so it is like if he said: "Eve breastfed both me and her," or like if he said: "This is Eve." What they mentioned is invalidated by these scenarios, and it differs from [the case] where it is possible, for there, his falsehood is not verified. The ruling regarding acknowledging a relative by lineage that makes her unlawful to him is like the ruling regarding acknowledgment of breastfeeding, because it is of the same meaning.

Section: If one claims that his wife is his sister through breastfeeding and she denies it, and his mother or daughter testifies to that, their testimony is not accepted, because the testimony of a mother for her child [and the child for its parent] (15) is not accepted. If her mother or daughter testifies to that, it is accepted. According to another narration, it is not accepted, based on the [general ruling of] testimony of a parent against their child and a child against their parent; there are two narrations regarding this. If the woman claims this and the husband denies it, and her mother or daughter testifies for her, it is not accepted. If the husband's mother or daughter testifies for her, there are two narrations.

1378- Issue; He said: "And if it is the woman who said: 'He is my brother through breastfeeding,' and he denies her statement, and she does not bring evidence for what she described, she is his wife in the legal ruling."

Notes

(9) In [B]: "dropping". (10) In [M]: "she". (11) In [A]: "his peer". (12) In [A], [M]: "acknowledgment". (13) In the original: "is verified". (14) Omitted from the original, [A], [B]. (15) In [M]: "and the father for his child".

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