Accordingly, the two are separated. But if he says this in jest, is he held to account or not? We say: if the circumstances make it known to us that he is joking, he is not held to account, for an existing marriage cannot be invalidated except on clear evidence. But if we do not know, then he is held to account for his admission, because the presumption concerning an admission is that it is valid.
If this occurs before consummation and she confirms what he says, then she is entitled to no dowry. But if she denies it, she is entitled to half of it; and the entire dowry becomes due after consummation. If she is the one who says this and he denies her, then she is legally his wife. If there is doubt concerning the breastfeeding, or whether it was completed, or if the woman who breastfed expresses doubt and there is no evidence, then no prohibition is established.
His statement, “If this occurs before consummation and she confirms what he says, then she is entitled to no dowry,” means: if he tells her before consummation that she is his sister through breastfeeding, and she confirms him, then she is entitled to no dowry, because both parties agree that the marriage is invalid, and an invalid marriage has no legal effect.
His statement, “But if she denies it, she is entitled to half of it,” means that she says he is lying, and she is therefore entitled to half of the dowry. This is like a man who, after contracting marriage with a woman, says, “She is my sister through breastfeeding.” As far as he is concerned, the marriage is invalid. As far as she is concerned, if she confirms him, the marriage is invalid; but if she denies him, she is entitled to half the dowry, because the separation came from the husband’s side. Every separation caused by the husband before consummation obliges him to pay half the dowry.
His statement, “And the entire dowry becomes due after consummation,” means that if he says after consummation, “You are my sister through breastfeeding,” the entire dowry becomes due, because it became binding through consummation. This applies whether she confirms him or denies him. But does the marriage remain, or is it invalidated? If she confirms him, it is undoubtedly invalidated, because both parties agree that it is an invalid marriage. But if she denies him, the marriage is invalidated with respect to him, though not with respect to her. The husband must then be compelled to divorce her. If he says, “How can I divorce her when I believe that she is not my wife?” We say: But she believes that she is his wife, and on the basis of