[Is it the position of al-Shāfiʿī and his followers* that if a man commits fornication with a woman and she bears him a daughter, he may marry the daughter born of that fornication?
He replied: This view is reported by many** of al-Shāfiʿī’s followers, some of whom attribute it to al-Shāfiʿī himself. Others among his followers deny this attribution, saying that he did not explicitly permit it, but did explicitly permit it in the case of breastfeeding***, if a child suckles milk from a woman pregnant as a result of fornication. As for a biological daughter, his explicitly recorded position is that such a marriage is disapproved of. Jurists in general, however, such as Abū Hanīfa, Ahmad, and others, agree that it is forbidden. This is also the stronger of the two views in Mālik’s school.] ****
[Note by the book’s preparer for Shamela]
* The Majmū‘ al-Fatāwā edition reads: “And what they narrate from the Prophet, may Allah bless him and grant him peace,” instead of “And is it the position of al-Shāfi‘ī and his followers”.
** The Majmū‘ al-Fatāwā edition reads: “This is said by those who are not”.
*** The Majmū‘ al-Fatāwā edition reads: “He did not explicitly declare this permissible, but did explicitly declare it permissible in cases involving breastfeeding.”
**** This addition comes solely from the Dār al-Āthār edition; it is also present in Majmū‘ al-Fatāwā, vol. 18, p. 127. However, I strongly suspect that scribes interpolated it into the text, so I have not assigned it a separate number. Had this addition not appeared in two different editions and been counted among the hadiths in Majmū‘ al-Fatāwā, I would not have included it. Allah knows best what is correct.