f ir s t , where a man has a fifter by blood, who has a fofter-mother,
whom he may lawfully marry ;— secondly, where a man has a fofter-
fifter, who has a mother by blood, whom he may likewife lawfully
marry;—and th ir d l y , where a male and female infant, between
whom there is no affinity, fuck at the breaft of one woman, and the
female infant alfo fucks at the breaft of another woman, in which
cafe the male infant .may lawfully marry the laft woman, who is the
fofter-mother of the female infant, (that is to fay, of his fofter-fifter.)
A m an may alfo lawfully many the fifter of his fofter-fon, although
it be not lawful for him to marry the fifter o f his fon by blood,
as fhe muft be either his own daughter, or the daughter of his enjoyed
wife, both of whom are prohibited to him.
Cafcs of il- I t is not lawful for a man to marry the wife of his fofter-father,
duced by'fof- ° r of his fofter-fon, (in the fame manner as he is prohibited from
rcrage. marrying the wife of his natural father or fon,) becaufe of the tradition
before quoted.
O bjection.— It has been declared, in the facred writings, that
it is lawful for men to marry the wives o f their Ions by blood,
and this particular reftriction to Mood ftiouid feem to imply that
marriage with the wives of fbfter-fons was lawful; whereas it is]
other wife.
R e p l y .— The reftridtion above mentioned refers to the exclufion
of the wives of children by defcent, and not to the exclufion of the
wives oifofer-fons, fer-the reafons already mentioned.
P rohibition is attached to fhe milk o f the man, (that is to fay, to
the milk of which he is the caufe ;) if, for example, a woman nurfe
a female child, the latter is prohibited to her hufband, and to his
father and fon, becaufe the hufband, through whom the woman s
breafts have been filled with milk, is as a father to that child.— ft is
.recorded, as an opinion o ï Shafeï, that prohibition is not attachedt0
the milk of a man ; becaufe this prohibition arifes from an apprehen-
fion of participation of blood, and the milk is a fecretion from the
[ blood of the woman, and not o f the man.— T h e arguments o f our doctors
in this cafe are. threefold ; f ir s t , the faying o f the prophet, a,s
l before quoted, .“ Whatfoever is prohibited by confanguinity is alfo pro-
I “ .hibitedby foflerage,’ ’— and prohibition by confanguinity being.found
I in both father and mother, it follows that it is found in both theft re-
| lations by fofterage;— secondly, the prophet once faid to Ayjha,
I (who had complained to him o f A fla , the brother of Aboo Keis, ap-
! pearing before her w h ilft fhe had only a fingle-cloth upon her,) “ fh e
I “ aft o f A f l a , in thus approaching you, is o f no conference., as he is
I “ your paternal uncle by f o f erage-," which prove! that affinity by
I fofterage is eftablifhed on the paternal fide, and that as the woman
I .who.fuckles is the child’ s mother, fo is her hufband its father, by
I .fofterage;— th ir d l y , the man is the caufe of the -entrance of the
I milk into the woman’s breafts, and therefore the milk is, out of cau-
I tion, to be .regarded (with refpe& to the point of prohibition) as de-
I -riving - its exiftence from him.
A m an may lawfully many the fifter of his fofter-brother, it
I being allowed to him to marry the fifter of his brother by blood, (that
I is, the maternal fifter of his paternal brother.)
It is to be obferved as a rule that when a male and female infant
I fuck from one breaft, they are prohibited to each other in marnage,
becaufe they have one common mother, and are therefore as
I brother and fife r .
I t is not lawful for a female to marry any of fhe fons o f the woman
who has fuckled 'her, becaufe they are her brothers,— -nor, the
! tons of thofe fons,, becaufe-they are her nephews.
I t isr not lawful for a mâle to marry fhe hufband’s fifter o f the
V ol. 1. R c woman