The World Federation One Stop Fiqh

Ruling 2512

If before a man marries a woman he says that by means of breastfeeding she is unlawful for him – for example, he says that he has breastfed the milk of her mother – then in the event that it is possible to substantiate his statement, he cannot marry the woman. And if he says this after the conclusion of the marriage contract and the woman accepts his statement, the marriage contract is void. Therefore, if the man has not had sexual intercourse with her, or he has but at the time of intercourse the woman knew that she was unlawful for him, she is not entitled to any dowry (mahr). However, if she realises after sexual intercourse that she was unlawful for him, then the husband must pay her a dowry that amounts to the dowry usually given to women like her.