Book N: Divorce

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BOOK N: DIVORCE

(non-(c) above) a child;
(non-(b)) someone insane;
or (non-(d)) someone who is wrongfully coerced to do it, as when one is threatened with death, dismemberment, being severely beaten, or even mere verbal abuse or a slight beating if the person being coerced is someone whose public image is important and would thereby suffer. (O: Someone being forced should use words that give a misleading impression (def: r10.2) for his ostensible ``divorce.'')

n1.2 A statement of divorce is legally effective when pronounced by a person whose mental faculties are lacking because of something inexcusable such as having become intoxicated or having needlessly taken some mind-altering drug (O: though someone who takes such a drug out of need for medical treatment is considered as an insane person, in that this statement of divorce is not legally effective).

n1.3 The person conducting the divorce may effect it himself or commission another (def: k17.5-6) to do so, even if the person commissioned is a woman.

The person commissioned may effect the divorce at any time (O: provided the one who commissions him does not cancel the commission before the divorce takes place (disk: k17.16)), though when a husband tells his wife, ``Divorce yourself,'' then if she immediately says, ``I divorce myself,'' she is divorced, but if she delays, she is not divorced unless the husband has said, `` Divorce yourself whenever you wish.''

n2.0 GENERAL PROVISIONS CONCERNING DIVORCE

n2.1 A free man has three pronouncements of divorce (O: because of the word of Allah Most High,

``Divorce is two times, then retain with kindness or graciously release'' (Koran 2:229),

and when the Prophet (Allah bless him and give him peace) was asked about the third time, he said.

``It is Allah's having said, or graciously release''').

n2.2 It is offensive to make a pronouncement of divorce when there is no need (O: need including when the wife has displeasing qualities of morals), to make three pronouncements (N: even if separate) being more offensive, and combining them in one interval of purity between menstruations even more offensive.

n2.3 There are various categories of divorce: sunna, unlawful innovation, and that which is neither sunna nor unlawful innovation.

The sunna is to make a pronouncement of divorce in an interval between menstruations in which no sexual intercourse with the wife has taken place.

Unlawful innovation consists of either making a pronouncement of divorce during the woman's menstrual period when this is not for payment (O: from the wife in exchange for the husband's releasing her from marriage (def: n5), though if the divorce is in exchange for a sum paid by the wife, it is not unlawful innovation because it implies that she accepts that the waiting period should be thus prolonged (dis: n9.7))-or else making the pronouncement during an interval between menstruations in which they have had sexual intercourse. If one effects such a divorce, it is recommended to take the wife back (O: if one did not pronounce it the full number of (n: three) times).

Neither sunna nor unlawful innovation means the divorce of a wife who is prepubescent, postmenopausal, pregnant, or one with whom one has not yet had sexual intercourse.

n3.0 THE WORDS THAT EFFECT A DIVORCE

n3.1 The words that effect a divorce may be plain or allusive. Plain words effect the divorce whether one intends divorce by them or not, while allusive words do not effect it unless one intends divorce by them.

n3.2 Using plain words to effect a divorce means expressly pronouncing the word divorce (O: or words derived from it). When the husband says' `` I divorce you,'' or `` You are divorced,'' the wife is divorced whether he has made the intention or not.

(A: Here and in the rulings below, expressions such as ``The wife is divorced,'' or ``The divorce is effected,'' mean just one of the three times (def: n9.0(N:)) necessary to finalize it, unless the husband thereby intends a two-or threefold divorce (dis: n3.5) or repeats the words three times.)

n3.3 Using allusive words to effect a divorce includes:

the husband's saying, ``You are now alone,'' ``You are free,'' ``You are separated,'' ``You are parted,'' ``You are no longer lawful to me,'' ``Rejoin your kin,'' ``You are footloose,'' and the like;
his saying, ``I am divorced from you'';
or when he commissions the wife to pronounce the divorce, and she says, ``You are divorced'';
when someone asks. ``Do you have a wife?'' and he says ``No''.
or when the husband writes words that effect the divorce (O: no matter whether able or unable to speak at the time of writing, or whether he is present or absent, or whether he writes in plain or allusive words).

When one intends divorce by any of the above, the words effect it, but if one does not, they do not.

n3.4 When a husband is asked, ``Have you divorced your wife?'' and he says ``Yes,'' then she is divorced (O: even if he does not intend).

n3.5 If the husband says, ``You are divorced,'' and thereby intends a two-or threefold pronouncement, then whatever number he intends is effected, this rule holding for all words that effect divorce, whether plain or allusive. (O: The proof that a single pronouncement can validly effect a threefold divorce is the hadith classified as rigorously authenticated (sahih) by Ibn Hibban that the Prophet (Allah bless him and give him peace), when Rukana divorced his wife and then said, ``I did not intend it except as one time,'' made him swear an oath to that effect, and then returned her to him. If a single pronouncement could not effect a threefold divorce, there would not have been any point in the Prophet's making him swear the oath (Allah bless him and give him peace).)

n3.7 If a husband tells his wife, ``You are divorced in sha' Allah [if Allah wills],'' or ``if Allah does not will,'' or ``unless Allah wills,'' then the divorce is not effected.

n4.0 CONDITIONAL EXPRESSIONS THAT EFFECT DIVORCE

n4.1 It is permissible to make the efficacy of a divorce conditional. If the husband makes the divorce conditional on something, and the event occurs, then the wife is divorced. If he says, ``If your monthly period begins, you are divorced,'' then she is divorced when her menstrual flow appears.

n4.3 If the husband says, ``If you leave the house without my permission, you are divorced,'' then gives her permission to go out, and she does but then goes out a second time without permission, she is not divorced.

If he says, ``Anytime you go out without my permission you are divorced,'' then if she leaves at anytime without permission, she is divorced.

n4.5 When a husband makes a divorce conditional on one of his own acts but then does the act not remembering that he made it a condition, or does the act because he is forced to, the wife is not divorced.

n4.6 When the husband makes a divorce conditional on another person's act, such as by saying. ``If So- and-so enters the house, you are divorced,'' and the person enters before or after he knows it is a condition, whether remembering it or not, then if the person named is not someone who would mind if they were divorced (O: meaning it is no problem for him if it happens, and the would not be saddened if it did, because of lack of friendship for them). then the wife is divorced. But if the person knows it is a condition and enters forgetfully, then if he is someone who would mind if they were divorced, the wife not divorced.

If the husband, tells his wife, `` If you enter that house, you are divorced,'' and she is subsequently divorced,'' and she is subsequently divorced from him with a finalized divorce, after which he remarries her, and she then enters the house, then she is not divorced.

n5.0 A RELEASE FOR PAYMENT FROM THE WIFE (KHUL`)

(O: A release for payment means a separation in return for remuneration given to the husband (A: which is a finalized cancellation of the marriage agreement, differing from a threefold divorce by the fact that they may remarry in such a case without her marrying another husband first (dis: n7.7)).)

n5.1 A release for payment is valid from any person whose divorce is valid (def: n1.1).

n5.2 Release is offensive except when:

the husband or wife fear they will not be able to keep within Allah's limits (O: i.e. those that Allah Most High has made obligatory upon them (dis: m10.1)) while the marriage lasts;
or when the husband swears that a threefold divorce is incumbent upon him if he performs some action, but then finds he needs to do it (O: since he cannot clear himself from the oath without giving her a release), so he releases her, marries her (O: with a new agreement, a new marriage payment (mahr), and upright witnesses), and then does the act on which the divorce was conditional (O: though it is fitter to do it before the new marriage, as the oath is nullified as soon as they are unmarried), for then its performance does not necessitate a threefold divorce.

n5.3 If the husband is foolhardy (A: meaning suspended by the court from dealing in his own money because of chronic carelessness (dis: k13.1(A:))), his granting a release is valid, though his guardian accepts the compensation.

A release for compensation is no: legally valid from a wife who is foolhardy.

n5.4 A release is validly effected by both the words for divorce and the words for release, such as ``You are divorced for a thousand,'' or ``I release you for a thousand,'' and if the wife says ``I accept,'' then she is separated from him and she owes him the thousand. She is also released when the husband says, ``If you give me a thousand, you are divorced,'' and then she gives him it, or when she says, ``Divorce me for a thousand,''and he says, ``You are divorced,'' in which case she is released and owes him the thousand.

n5.5 Anything that may be used as a marriage payment (def: m8.4) may be used as recompense for a release. If a husband releases his wife for something not determinately known (non-k2.1(e)) or without lawful value (non-k2.3) such as wine, then she is released in exchange for the amount typically received as marriage payment by women like her (def: m8.8).

n5.6 A release enacted by words that effect it is a divorce in plain words (A: in not needing the intention (dis: n3.2), (N: in having a waiting period (def: n9), and in being a finalized cancellation of the marriage, though as previously mentioned (n5.0(A:)), the partners may remarry each other (N: even if before the end of the waiting period) without the wife first having to marry another).

n6.0 DOUBTS ABOUT THE FACT OF HAVING DIVORCED

(A: Doubt means that one does not remember exactly what one said or did. As for when one is ignorant of rulings about divorce or the consequences of one's actions, it is not an excuse, and one must ask those who know.)

n6.1 Whoever does not know whether he has divorced his wife or not has not divorced her. It is more godfearing in such a case to take the wife back.

n6.2 If one does not know whether one has divorced one's wife once or whether more than once, then one has divorced her the least number one is certain of.

n6.3 When a husband divorces his wife with a threefold divorce during his deathbed illness (def: L3.6(1-4), she does not inherit (A: a wife' estate division share (def: L6.4)) from the division of his estate (A: though if it is less than a threefold divorce, she inherits).

n7.0 TAKING BACK A DIVORCED WIFE (RAJ`A)

(O: Lexically, to take back means returning, and in Sacred Law it means the return of a woman who is in her waiting period (def: n9) from an unfinalized, non-threefold divorce to the state of marriage).

n7.1 When a free man pronounces divorce upon his wife once or twice after previously having had sexual intercourse with her, then if the divorce is not (A: a release) for compensation (def:n5), he may take her back at any time before the end of her waiting period (def: n9), whether she wishes to return or not. Or he may finalize the divorce during this period (A: by pronouncing it a third time).

n7.2 If the husband or wife dies (A: during the waiting period (N: of an unfinalized, nonthreefold divorce)), then the spouse inherits his or her obligatory share from the deceased's estate division (dis: L6), though it is not permissible for the husband to have sexual intercourse with, look at, or physically enjoy the wife before he takes her back.

n7.3 When a divorce occurs before the husband has made love to the wife, or afterwards (A: in a release) for compensation from her, then he may not take her back (A: without remarrying her)

n7.4 Returning the wife to marriage is only valid by explicitly stating it, such as by saying, ``I return her,'' ``I take her back,'' or, ``I retain her.'' (N: The Hanafis consider the husband's touching her with desire, such as kissing her, to be a valid return to marriage.)

n7.5 It is not a necessary condition (O: but is sunna) to have the return attested to by witnesses.

n7.6 When a husband takes a wife back, she returns with whatever number (A: of times of saying ``I divorce you'') remains to complete a threefold divorce. (A: If, for example, he has said it twice, then she only has one time left.)

n7.7 When a free man has pronounced a threefold divorce, the divorced wife is unlawful for him to remarry until she has married another husband in a valid marriage and the new husband has copulated (dis: p29) with her, which at minimum means that the head of his erect penis fully enters her vagina.

n8.0 FORSWEARING ONE'S WIFE MORE THAN FOUR MONTHS

(O: In Sacred Law, forswearing means that the husband swears he will not have sexual intercourse with his wife, either for an unrestricted period or for more than four months.)

n8.1 Forswearing one's wife is unlawful. It consists in the husband swearing an oath by Allah (def: o18) that for more that four months (O: more than four months including oaths in which no time period is stipulated) he will not have sexual intercourse with his wife, or swears that if he does, then he is obliged to divorce her, fast, pray, or something else.

n8.3 A husband is not considered to have forsworn his wife (A: in the above unlawful sense) when he forswears sexual intercourse for four months or less, or when he is impotent.

n9.0 A WOMAN'S POSTMARITAL WAITING PERIOD (`IDDA)

(O: Meaning the period in which a woman waits (N: before she may remarry) to verify that she is not pregnant, or out of mourning for her deceased husband.)

(N: If the waiting period finishes after a once-or twice-pronounced divorce, the wife is free to marry another man or to remarry the husband with a new contract-returning to the latter with the number of times left (one or two) needed to enact a threefold, finalized divorce (dis: n7.7); while if the waiting period of a less-than-thrice-pronounced divorce has not yet expired, the husband may take her back (def: n7) without a new contract.)

(n: The husband's obligation to support her during the waiting period is discussed at m11.10 above.)

n9.1 There is no waiting period for a woman divorced before having had sexual intercourse with her husband.

n9.2 A waiting period is obligatory for a woman divorced after intercourse, whether the husband and wife are prepubescent, have reached puberty, or one has and the other has not.

Intercourse means copulation (def: n7.7). If the husband was alone with her but did not copulate with her, and then divorced her, there is no waiting period.

n9.3 When a waiting period is obligatory (O: upon a woman, cause of divorce or annulment of marriage), then if she is pregnant, the waiting period ends when she gives birth, provided tow conditions are met:

The first is that she has given birth to all she was carrying, If carrying two or more children, it is necessary that she have given birth to all, whether live or stillborn, and whether fully developed or an undeveloped fetus which midwives (O: two or more) swear is the beginning of a human form. Whenever there is less than six months between two births, the babies are considered twins. There is no maximal number that may be born, as it is possible for a woman to give birth to four or more babies from one pregnancy.
The second condition is that the child is from the husband whom the waiting period is for. If the woman is pregnant from committing adultery (def: n11.2(O:)) (O: or from a marriage which was invalid, after which the husband divorced her), the waiting period does not end when she gives birth, but rather (N: after giving birth), she completes the waiting period of a woman who has been divorced (def: n9.6).

n9.5 The minimal duration of a pregnancy (A: from which a live child is born ) is six months, while the maximum is four years).

n9.6 If a woman is not pregnant and has menstrual periods, her waiting period ends when three intervals between menstruations have finished. A part of an interval between menstruations is considered the same as a whole interval. Thus, if the woman's husband divorced her and her menses began an instant later, her waiting period would end after two more intervals between menstruations had finished and a third menstruation begun.

n9.7 If a woman is divorced during her menstrual period, she must wait until the end of three intervals between menstruations. When her fourth menstruation begins, her waiting period is over.

n9.8 There is no difference in respect to the above rulings (n9.6-7) whether a woman's menstrual periods are close together or far apart, close together, for example, meaning a woman whose period lasts a single day and night, and who has fifteen days between periods. Were such a woman divorced just before the end of an interval between menses (A: by a single moment), then her waiting period would finish in thirty-two days and two moments (O: one of which would be part of the waiting period, i.e. the one in which the divorce occurred, and the second of which would not be part of it, namely, that in which it became evident that the waiting period was over by the onset of a subsequent menstruation). If such a woman were divorced at the end of a menstrual period, her waiting period would be forty- seven days plus a moment. These are the shortest possible waiting periods.

An example of a woman whose periods are far apart is one whose menstruation lasts fifteen days, and whose intervals between menses last, for example, a year or more. Such a woman must wait for three intervals between menstruations, even if it takes years (N: though medicine may be taken to induce or regulate menstruations).

n9.9 The waiting period for a woman who does not menstruate, whether prepubescent or postmenopausal, is three months.

If a woman normally menstruates, but her periods have stopped for some reason such as breastfeeding or the like, or without apparent reason, then she must wait until the age of menopause, after which her waiting period is three months. (N: In the Maliki school, such a woman must wait nine months, and if neither pregnancy nor menses appear, she is considered to be as if menopausal, and her waiting period is three more months, making a total of one entire year in which there is no menstrual flow.)

n9.10 All of the above rulings apply to the waiting period for divorce (N: or release (def: n5)).

THE WAITING PERIOD FOR A DECEASED HUSBAND

n9.11 If a woman's husband dies, even if during the waiting period of a nonfinalized divorce, then if she is pregnant, her waiting period ends when she gives birth, as previously mentioned (n9.3). But if not (O: i.e. if the deceased's wife is not pregnant from him), her waiting period is four months and ten days, no matter whether she normally menstruates or not (N: and no matter whether the husband has had sexual intercourse with her or not).

THE LODGINGS OF A WOMEN IN HER WAITING PERIOD

n9.13 A woman in her waiting period is obliged to remain in the home (O: and neither the husband nor his family may force her out; nor may she leave. If the husband agrees to allow her to leave when there is no necessity, it is still not permissible).

A woman in the waiting period of an unfinalized, less than threefold divorce is under the husband's authority and may not leave without his permission. If in the waiting period of a finalized divorce (N: or release (def: n5)) (O: or annulment,) or after her husband's death, a woman may leave home during the day to fulfill her needs (N: including work, if she has no means of support) and obligations.

n9.14 The waiting period must take place in the same lodgings where the divorce occurred, and the woman may not be moved to other quarters unless there is a real necessity, such as fear (O: for her person or property), or when the landlord objects (O: such as when the house in question was on loan to the husband and its time has expires), or because of considerable annoyance to the woman from neighbors or the husband's relatives, or annoyance to them from her-in all of which cases she may move to the nearest available housing.

n9.15 It is unlawful for the husband of a woman in her waiting period to be alone with her or share the same housing (N: i.e. he must move out) unless she is in a (O: separate) wing of the house (O: with its own kitchen, restroom, cistern, and stairs to the roof, in which case it is permissible to share the housing, which is as if it were two neighboring houses).

AVOIDING ADORNMENT AFTER A HUSBAND'S DEATH OR A FINALIZED DIVORCE

n9.16 It is obligatory for a woman whose husband had dies (N: while she was his wife, or died while she was in the waiting period of an unfinalized divorce form him) to avoid adornment during the subsequent waiting period. It is recommended for a woman to do so during the waiting period of a finalized divorce. It is unlawful for a woman to avoid adornment longer than three days for the death of anyone besides her husband. Avoiding adornment means not to enhance her beauty, wear jewelry or cosmetics, and so forth. A woman avoiding adornment should not wear solid colors (N: if intended to beautify) such as blues, greens, reds, or yellows; or style her hair or use cosmetics for body, clothes, or food (A: such as saffron in rice). She may wear silk, wash her hair (N: or comb it, or bathe) for cleanliness, or pare her nails during this period.

THE END OF THE WAITING PERIOD

n9.17 If the husband of a woman in her waiting period takes her back but divorces her again before having had sexual intercourse with her, then a new waiting period starts over from the beginning (N: though it is unlawful for him to do this merely to prolong her waiting period).

If a husband releases his wife for payment (def: n5), remarries her during the release's waiting period, but divorces her before having had sexual intercourse, then she merely finishes the remainder of the release's waiting period.

n9.18 When a woman claims that her waiting period has expired (O: if it does not comprise a particular number of months, but rather consists of a number of intervals between menstruations, or of giving birth) within an amount of time in which it could have possibly ended, then her word is accepted (dis: k8.2).

n9.19 If news of a husband's death reaches a woman after his death by four months and ten days, her waiting period is already over (O: since her knowledge of his death is not a condition for the waiting period).

n10.0 ESTABLISHING PATERNITY

n10.2 The husband of a woman who bears a child (O: no matter whether his marriage to her is valid or invalid) is considered to be the child's father whenever it is (N: legally) possible that the child could be his, meaning that:

the woman gave birth to the child six months plus a moment after the marriage agreement;
she gave birth to it less than four years from when she and her husband could last have possibly met and had sexual intercourse, even if they were living at a distance from one another, and even if the husband does not know whether he had sexual intercourse with her. (A: These conditions are for the child's protection against being disowned, and only concern what can be established in court. Hence, if the husband and wife were living apart at a distance at which they could possibly have travelled and met, for the child's sake the court presumes the child to be the husband's)'
and the husband is at least nine and a half years old.

n10.3 The husband is not legally considered the child's father when the child could not possibly be his, such as when:

(non-(a) and (b) above) the wife gave birth to the child in less than six months or more than four years since intercourse;
(non-(b)) the husband is absolutely certain he did not have sexual intercourse with her;
(non-(c)) the husband is under the above-mentioned age;
or the husband's genitals have been dissevered.

n10.4 Whenever a husband is absolutely certain that a child which is legally considered his (def: n10.2) is not his, by knowing that he never had intercourse with the wife at all (O: or did, but less than six months or more than four years before the birth), then he is obliged to deny paternity by public imprecation (i`an, def: n11.3) (O: immediately, because denying paternity of a child immediately is like the return of defective merchandise (dis: k5.7). He does so by going to the Islamic judge and saying, ``This child is not mine.'' If he delays, his denial is no longer valid. As for the public imprecation itself, he may perform it at any time thereafter. If he claims that he was ignorant of the necessity of denying paternity, or the obligatory character of its immediacy, and he is someone who might well be ignorant of it, then his claim (A: of ignorance) is accepted when he swears an oath to that effect. Denial of paternity likewise entails charging the wife with adultery, and this too is obligatory immediately).

n10.5 If a husband is not absolutely sure that the child is from someone else, it is unlawful for him to deny paternity (O: as mere doubts that have arisen in his mind are of no consequence) and unlawful to charge his wife with adultery. (O: It is also unlawful for him to publicly imprecate (def: n11.3) against her in such a case, even when he knows she has committed adultery, because the child would suffer harm through his mother being charged with adultery and its being established against her by public imprecation, the child being disgraced by this and gossip circulated about him. The child need not endure this harm merely to satisfy the husband's revenge, who may separate from her by divorce).

n10.6 When a child is legally considered (def: n10.2) to be from a husband who is entitled to deny paternity but delays doing so without excuse and subsequently wants to deny it by public imprecation, we (O: i.e. the judge) do not allow him to do so (O: because denial of paternity must take place immediately, as mentioned above (n10.4), and his delay obviates the possibility of denial). But if the husband intends to deny paternity immediately, we implement his intention.

n11.0 CHARGING ONE'S WIFE WITH ADULTERY

n11.1 Anyone who charges his wife with adultery (O: in plain words, as when he says, ``you adulteress,'' or allusively, as when he says, ``I did not find you a virgin,'') and who is thereby liable to be punished for accusing another of adultery without witnesses (dis: o13.1), may prevent the punishment by public imprecation against her (li`an, def: n11.2), provided he:

has reached puberty;
is sane;
does so voluntarily;
and provided his wife:
is legally innocent of adultery (A: meaning there is neither a confession from her nor four eyewitnesses (dis: n11.2(O:)));
and that she is capable of sexual intercourse.

n11.2 A husband who accuses his wife of adultery is disciplined (ta`zir, def:o17) by the magistrate and not allowed to imprecate against her when her adultery is already legally established (O: whether by her own admission, or by proof, meaning that four upright witnesses (o24.4) have looked at her when she was copulating and seen the adulterer's penis in her vagina), or when (N: adultery is impossible, such as when) the person accused is a mere infant.

PUBLIC IMPRECATION (LI`AN)

n11.3 Public imprecation consists of the Islamic magistrate (O: or his equivalent) telling the husband to repeat four times, ``I testify by Allah that I am truthful in charging her with adultery'' (O: and it is necessary to identify her by her first and family name, though if she is present he says, ``this wife of mine,'' and points to her); and if there is a child, ``and that this child [O: or if absent, ``the child she gave birth to from adultery''] is not from me.'' The fifth time, after the magistrate warns him, enjoins him to fear Allah (O: reminding him that the punishment of the hereafter is worse than punishment in the present life), and after he has put his hand in from of the husband's mouth, the husband adds, ``And may the curse of Allah be upon me if I am lying.''

n11.4 When the husband has done this, he is no longer liable to be punished for accusing another of adultery without witnesses, he has denied paternity of the child, and his wife is divorced from him and unlawful for him to marry, be alone with, or look at, forever. She is now liable to be punished for adultery.

n11.5 The wife in such a case may avoid being punished for adultery by public imprecation against the husband. Upon being ordered by the magistrate, she says four times, `` I testify by Allah that he is lying about what he has charged me with.'' The fifth time, after being warned by the magistrate of the severity of the consequences, as described above, she says, ``And may the wrath of Allah be upon me if he is telling the truth.'' When she has done this, she is no longer liable to be punished for adultery.

n11.6 (O: Public imprecation is legally valid in a non-Arabic language even when the speaker knows Arabic, because the imprecation is a kind of oath or attestation, either of which may be given in any language.)

n12.0 BECOMING UNMARRIAGEABLE KIN BY SUCKLING (RIDA`)

n12.1 An infant becomes the ``child'' of the female who breast-feeds him (A: in respect to being unable to marry her, to the permissibility of looking at her and being alone with her, and in his ablution (wudu) not being nullified by touching her) when:

the milk comes from a female at least nine years old, whether it is occasioned by sexual intercourse or something else;
and she breast-feeds a child who is less than two full years old;
in at least five separate breast-feedings (O: a restriction that excludes anything less than five, which is of no consequence. Separate breast-feedings means whatever is commonly acknowledged (def: f4.5) to be separate).

n12.2 In such a case:

it is unlawful for the wet nurse to marry the child and its subsequent descendants (O: by familial relation or by suckling) exclusively (O: exclusively meaning that only the child's descendants become unlawful for her to marry, not the child's ancestors (N: or brothers));
she becomes the child's ``mother,'' and it is unlawful for the child to marry her, her ancestors (O: by familial relation or by suckling), her descendants (O: who become as if they were the child's brothers and sisters), or her brothers and sisters (O: though the child is not forbidden to marry the latters' children).

n12.3 If the wet nurse's milk was occasioned by a pregnancy from her husband, then:

the child she nurses becomes the husband's ``child,'' and the husband may not marry the child or its descendants (O: by familial relation or by suckling, since they are now as if his grandchildren) exclusively;
and the husband becomes the child's ``father,'' and it is unlawful for the child to marry him, his ancestors, his descendants, or his brothers and sisters.

n12.4 Upon becoming unmarriageable kin through suckling, marriage between the above-mentioned persons is prohibited, and it is permissible for the respective members of the opposite sex to look at each other as they do with their familial unmarriageable relatives (dis: m2.5), and to be alone with them (O: though other kinds of rulings applicable to natural relatives, such as inheritance (def: L4-6) or having to support them (m12) are not applicable to unmarriageable kin by suckling).

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