The Book of Marriage

Breast-Feeding

الرَّضَاعِ

Glossary

Chapter on Breastfeeding ¹²²⁹

The restrictions (of marriage) and subsequent rulings ¹²³⁰ that result from breastfeeding are the same as those that result from consanguinity. ¹²³¹

حُكْمُ الرَّضَاعِ حُكْمُ النَّسَبِ فِيْ التَّحْرِيْمِ وَالْمَحْرَمِيَّةِ.

Once a woman breastfeeds a male child, he becomes a son to her and to the man who caused the production of the milk. ¹²³² This will make the restrictions of marriage for this boy the same as for their own biological son. If the woman breastfeeds a female infant, she also becomes a

فَمَتَى أَرْضَعَتِ الْمَرْأَةُ طِفْلاً، صَارَ ابْنًا لَهَا وَلِلرَّجُلِ الَّذِيْ ثاَبَ اللَّبَنُ بِوَطْئِهِ، فَيَحْرُمُ عَلَيْهِ كُلُّ مَنْ يَحْرُمُ عَلىٰ ابْنِهِمَا مِنَ النَّسَبِ، وَإِنْ أَرْضَعَتْ طِفْلَةً، صَارَتْ بِنْتًا لَهُمَا تَحْرُمُ عَلىٰ

1229. Introduction

The extension of the bond of kinship through breastfeeding is of great value and wisdom. It does not apply only to orphans, yet it serves a great purpose for them in particular. If an infant loses his mother, another woman can nurse him, and he will be a member of her family forever. If it is a boy, he can mix with her daughters as if they were his sisters and with her sisters as if they were his aunts. If it is a girl who is nursed, she becomes a daughter to the milk-mother’s husband and a sister to her sons. As we will discuss later, Muslims in the West may use this system as an alternative to adoption to take care of orphan children of any age. (Without this, there are complications having a non-maḥram child live with the family.) Note that many of the discussions in this chapter may seem irrelevant in our time, and it may be fair to say that they would also have been extremely rare scenarios in the author’s own time. Still, he chose to mention them to train the mind of the jurists and to prepare them for all possible scenarios, regardless of their rarity.

1230. Such as the permissibility of mixing without females wearing hijab.

1231. The Restrictions That Result from Marriage

In addition, breastfeeding results in all the restrictions that result from marriage. Therefore, it is forbidden for the man to marry the wet-nurse who nursed his wife, or his wife’s milk-daughter whom she nursed with milk caused by another man. (See next footnote.)

1232. When Is the Husband Considered to Cause the Milk Production? The husband is considered to be the cause of producing milk (or enhancing it) through intercourse and the consequent pregnancy and childbirth.

(a) + (-H, -M, -S): He is a milk-father of the child even if the woman produced breastmilk without conceiving a child with him.

(A): The milk that causes prohibition is only that which is consequent to pregnancy.

daughter to them both, with all the restrictions of marriage applying to her as if she is their own biological daughter. This is because the Messenger of Allah (SA) said, “Breastfeeding results in the same restrictions caused by consanguinity.” ¹²³³

كُلِّ مَنْ تَحْرُمُ عَلَيْهِ ابْنَتُهُمَا مِنَ النَّسَبِ لِقَوْلِ رَسُوْلِ اللهِ : "يَحْرُمُ مِنْ الرَّضَاعَةِ مَا يَحْرُمُ مِنْ النَّسَبِ".

The legally prohibitive breastfeeding is whatever milk enters the throat, whether by suckling or through drenching (pouring milk into the throat) or nasal feeding; ¹²³⁴ and whether it was pure or mixed, as long as it is not diluted to insignificance (by the other substance). ¹²³⁵

وَالرَّضَاعُ الْمُحَرِّمُ مَا دَخَلَ اْلحَلْقَ مِنَ اللَّبَنِ، سَوَاءٌ دَخَلَ بِارْتِضَاعٍ مِنَ الثَّدْيِ، أَوْ وَجُوْرٍ، أَوْ سَعُوْطٍ، مَحْضًا كَانَ، أَوْ مَشُوْبًا إِذَا لَمْ يُسْتَهْلَكْ.

It is prohibitive only upon the fulfillment of three conditions. First: it should be human milk of a woman, ¹²³⁶ whether she was previously married

وَلاَ يُحَرِّمُ إِلاَّ بِشُرُوْطٍ ثَلاَثَةٍ، أَحَدُهَا: أَنْ يَكُوْنَ لَبَنُ امْرَأَةٍ، بَكْرًا كَانَتْ أَوْ ثَيِّباً، في حَيَاتِهَا

1233. (Ag – from ‘Â’ishah)

The Differences Between Prohibition by Breastfeeding and Consanguinity To understand the differences, imagine the child being transplanted into a foster-family without the milk-mother being transplanted into his biological family. The child and his or her progeny would be forbidden to members of the foster (milk) family as if the milk-mother was the child’s real mother and her husband was the child’s real father. The milk-mother would not be forbidden to members of the child’s biological family, though, so she could marry his or her biological ancestors and siblings.

1234. Actual Suckling from the Breast Is Not Required
For the Prophet (SA) said:

“Breastfeeding is not legally consequential except what produces the growth of flesh and bones.” (D – from Ibn Mas‘ood. al-Albâni:S)

لَا رضَاعَ إِلَّا مَا أَنْبَتَ اللَّحْمَ وَأَنْشَزَ الْعَظْمَ

And feeding through those alternative routes does that just like suckling.

1235. When Is the Milk Too Diluted?

As long as you can still recognize that the mixture contains milk, it will cause the restrictions of breastfeeding if given to the infant.

(A): Regardless of the percentage of milk in the mixture.

(a): Only if the milk is more than the other substance

1236. Muslim or non-Muslim

or not; ¹²³⁷ during her life or after her death. ¹²³⁸ The milk of beasts, men, ¹²³⁹ and the ambiguous hermaphrodite are not legally prohibitive.

أَوْ بَعْدَ مَوْتِهَا، فَأَمَّا لَبَنُ اْلبَهِيْمَةِ أَوِ الرَّجُلِ أَوِ اْلخُنْثَى اْلمُشْكِلِ، فَلاَ يُحَرِّمُ شَيْئاً.

Second: it should be within the first two years, due to the statement of the Messenger of Allah (SA), “Breastfeeding is not legally consequential unless it expands the stomach and happens before the age of weaning.” ¹²⁴⁰

الثَّانِيْ: أَنْ يَكُوْنَ فِيْ الْحَوْلَيْنِ؛ لِقَوْلِ رَسُوْلِ اللهِ : "لَا يُحَرِّمُ مِنْ الرّضَاعَةِ إِلَّا مَا فَتَقَ الْأَمْعَاءَ وَكَانَ قَبْلَ الْفِطَامِ."

Muslim women may breastfeed non-Muslim children, and non-Muslim women may breastfeed Muslim children, for all of this is part of the kindness shown to all people.

1237. Does the Virgin Woman’s Breastfeeding Count?

(a) + (-H, -M, -S): It counts. This is also the position chosen by Ibn Qudâmah. (A): The milk of the previously unmarried does not cause the restrictions because it is an unusual source of nutrition.

1238. Milk-Motherhood Established After Death

(A) + (+H, +M): It is established in the rare circumstance that an infant gets the fifth suckling after the woman’s death, or it is extracted before her death and the infant drinks it (from a cup, for example) after her death.

(-S): This feeding is not legally consequential.

1239. In the event that a man is able to produce milk due to an illness or some other reason.

1240. (T – from Umm Salamah. T:RS) The Controversy over Breastfeeding al-Kabeer (Older than Two Years) Allah said:

{Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period]...} (al-Baqarah 2: 233)

وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ

Third: The number of breastfeedings must be five, ¹²⁴¹ due to ‘Â’ishah’s statement, “It was revealed in the Qur’an, ‘ten breastfeedings shall

الثَّالِثُ: أَنْ يَرْتَضِعَ خَمْسَ رَضَعَاتٍ؛ لِقَوْلِ عَائِشَةِ رَضِيَ اللهُ عَنْهَا: "أُنْزِلَ فِي الْقُرْآنِ

(A) + (+H, +M, +S): In addition to this verse and the hadith mentioned in the author’s text, there are multiple other reports indicating that the legally consequential breastfeeding is only that which takes place in the child’s first two years of life. (There are slight variations: -Abu Ḥaneefah: 30 months. -M: 26 months.) There is, however, an authentic hadith that the Prophet (SA) said to Abu Ḥudhayfah’s wife, concerning Abu Ḥudhayfah’s freed slave Sâlim:

“Breastfeed him, and then you will become his maḥram.” (M – from ‘Â’ishah)

أَرْضِعِيهِ تَحْرُمِي عَلَيْهِ

This happened after adoption was prohibited. Sâlim was their adoptee and a young adult, but he had nowhere else to go, so the Prophet (SA) allowed her to do that in this special situation. Some of the scholars considered the breastfeeding of anyone older than two years to be prohibitive; that is the position of ‘Abdullâh ibn az-Zubayr, ‘Urwah, Muhammad ibn al-Qâsim, ‘Aṭâ’, and was most defended by Imam Ibn Ḥazm. Before that, it was adopted by ‘Â’ishah (rah). However, Umm Salamah and all other wives of the Prophet (SA) (except Ḥafṣah, as reported by aṭ-Ṭabari) refused that position and told ‘Â’ishah, “By Allah, we do not know whether that was a special concession granted by the Prophet (SA) to Sâlim, exclusive (to him) of the people.” The majority followed the reasoning of Umm Salamah and the Prophet’s other wives, considering this ruling to be exclusive for Sâlim or abrogated by the specification of the two-year term. Imams Ibn Taymiyah and Ibn al-Qayyim took a middle position. They considered it prohibitive only when there was a need similar to that of Abu Ḥudhayfah’s family, as in the case of orphans who would otherwise have no homes to accommodate them because of the problem of mixing between sexes and rules of hijab.
Keep in mind that it is sufficient to feed this older child the breastmilk from a cup.
(See the appendices on the agreement of the four madh-habs and the utility of weak positions.)

1241. The Number of Feedings Needed to Cause Restrictions Is Controversial

The most popular positions are two:

(A) + (+S): Five times. The hadith cited here and others support this position. (a) – (-H, -M): One time. They cited the generalities of the Qur’an and Sunnah.

cause prohibition’, and then this was abrogated by ‘five’. This matter was already settled by the time the Messenger of Allah (SA) died.” ¹²⁴²

عَشْرُ رَضَعَاتٍ يُحَرِّمْنَ فَنُسِخَ مِنْ ذَلِكَ خَمْسٌ فصَارَ إِلَى خَمْسِ رَضَعَاتٍ مَعْلُومَاتٍ يُحَرِّمْنَ فَتُوُفِّيَ رَسُولُ اللَّهِ وَالْأَمْرُ عَلَى ذَلِكَ."

If a man has more than one wife, there are additional restrictions caused by milk produced as a result of conjugal relations between him and his wives. If a man has two wives, and one wife breastfeeds a male infant (with the milk caused by him) while the other wife breastfeeds a female infant, the two infants become brother and sister through breastfeeding. This is because the fertilizer (semen) is one. ¹²⁴³

وَلَبَنُ اْلفَحْلِ مُحَرِّمٌ، فَإِذَا كَانَ لِرَجُلٍ امْرَأَتَانِ فَأَرْضَعَتْ إِحْدَاهُمَا بِلَبَنِهِ طِفْلاً وَاْلأُخْرٰى طِفْلَةً صَارَا أَخَوَيْنِ لِأَنَّ اللِّقَاحَ وَاحِدٌ.

If one of (the wives) breastfeeds a female infant three times, and the other one breastfeeds her two times, she becomes his daughter but not theirs. ¹²⁴⁴

وَإِنْ أَرْضَعَتْ إِحْدَاهُمَا بِلَبَنِهِ طِفْلَةً ثَلاَثَ رَضَعَاتٍ، ثُمَّ أَرْضَعَتْهَا اْلأُخْرٰى رَضْعَتَيْنِ صَارَتْ بِنْتًا لَهُ دُوْنَهَا.

1242. (M). In another report, ‘Â’ishah added, “The Messenger of Allah (SA) died, and it (the five feedings) was still being recited as part of the Qur’an.” (M) This means that the abrogation of the recitation (not the ruling) of this verse was so late in his life that by the time of his death, many had not heard about it yet.

The one who said, “This matter was already settled by the time the Messenger of Allah (SA) died” was az-Zuhri, as pointed out by Ibn Ḥajar.

1243. The Milk-Father Ibn ‘Abbâs was asked about two women who were married to the same man. If one of them nursed a boy, and the other nursed a girl, would it be possible for the boy and the girl to get married? He said no because the liqâḥ (semen that caused the production of milk) is one. (T – from Ibn ‘Abbâs. T: Auth chain) Moreover, this is the general implication of the Prophet’s statement, “Breastfeeding results in the same restrictions caused by consanguinity,” for this man is a father.

1244. Although less obvious, it could also be deduced from the report from Ibn ‘Abbâs above.
From this point, most of the following paragraphs, until the discussion of claims, will be to exercise the fiqhi mind; you may call them fiqhi riddles.

If a woman marries a male infant and then breastfeeds him five times, she becomes unlawful to him, and their marriage becomes void. She also becomes unlawful to the man who caused the production of the milk, since she was once the wife of one of his children. ¹²⁴⁵

وَلَوْ تَزَوَّجَتِ الْمَرْأَةُ الْمُرْضِعَةُ طِفْلاً، فَأَرْضَعَتْهُ خَمْسَ رَضَعَاتٍ، حَرُمَتْ عَلَيْهِ، وَانْفَسَخَ نِكَاحُهَا، وَحَرُمَتْ عَلىٰ صَاحِبِ اللَّبَنِ تَحْرِيْمًا مُؤَبَّدًا؛ لِأَنَّهَا صَارَتْ مِنْ حَلاَئِلِ أَبْنَائِهِ.

Subsection: If a man marries an adult woman and does not consummate the marriage with her, and he also marries an infant, and then the adult woman breastfeeds the infant, the adult woman’s marriage becomes void, and the infant’s marriage is not voided. ¹²⁴⁶

فَصْلٌ: وَلَوْ تَزَوَّجَ رَجُلٌ كَبِيْرَةً وَلَمْ يَدْخُلْ بِهَا، وَصَغِيْرَةً، فَأَرْضَعَتِ اْلكَبِيْرَةُ الصَّغِيْرَةَ، حَرُمَتِ اْلكَبِيْرَةُ، وَثَبَتَ نِكَاحُ الصَّغِيْرَةِ.

If he is married (contracted) to two young girls, and his adult (contracted) wife breastfeeds them, the adult wife becomes unlawful to him. His marriage to the two young girls becomes annulled, ¹²⁴⁷ but he can remarry either one of them afterwards. ¹²⁴⁸

وَإِنْ كَانَتَا صَغِيْرَتَيْنِ، فَأَرْضَعَتْهُمَا اْلكُبْرٰى، حَرُمَتِ اْلكُبْرٰى، وَانْفَسَخَ نِكَاحُ الصَّغِيْرَتَيْنِ، وَلَهُ نِكَاحُ مَن شَاءَ مِنَ الصَّغيرَتَيْنِ.

If they are three, and the adult wife breastfeeds them at different times, she

وَإِنْ كُنَّ ثَلاَثاً فَأَرْضَعَتْهُنَّ مُنْفَرِدَاتٍ، حَرُمَتِ اْلكُبْرٰى،

1245. For example: Her husband makes her pregnant and then divorces her, and then after childbirth, she marries an infant and breastfeeds him. This makes the infant her milk-son, who is forbidden to her (as a husband). She cannot remarry the ex-husband, either, because he has become the milk-father of the infant husband. (Discussing this hypothesis is important to clarify the matter. See the appendix on The Age of Marriage in Islam.)

1246. When the wife breastfeeds the infant, she becomes her milk-mother. As the mother of the man’s wife, she is forbidden to him because the prohibition of the wife’s mother goes into effect upon the completion of the contract, whereas the prohibition of the wife’s daughter goes into effect only after the consummation of the marriage.

1246. Because they are now milk-sisters, so they may not be co-wives.

1247. They are not permanently prohibited since he has not consummated the marriage with their milk-mother. What is forbidden for him is to combine the two milk-sisters in marriage at the same time.

1248. They are not permanently prohibited since he has not consummated the marriage with their milk-mother. What is forbidden for him is to combine the two milk-sisters in marriage at the same time.

becomes unlawful to him. His marriages to the two who breastfed first become null, but the marriage to the third one is still valid. ¹²⁴⁹

وَانْفَسَخَ نِكَاحُ الْمُرْضَعَتَيْنِ أَوَّلاً، وَثَبَتَ نِكَاحُ الثَّالِثَةِ.

If the adult wife breastfeeds one first, separately, and then she breastfeeds the other two simultaneously, the marriages of all three of them become void. ¹²⁵⁰ Afterwards, he can select one of them to remarry.

وَإِنْ أَرْضَعَتْ إِحْدَاهُنَّ مُنْفَرِدَةً وَاثْنَتَيْنِ بَعْدَهَا مَعًا، انْفَسَخَ نِكَاحُ الثَّلاَثِ، وَلَهُ نِكَاحُ مَنْ شَاءَ مِنْهُنَّ مُنْفَرِدَةً.

If he has consummated his marriage with the adult one, then all of them become permanently unlawful for him. ¹²⁵¹ The adult wife does not deserve any ṣadâq (mahr, or bridal dower) if he has not consummated the marriage with her yet. ¹²⁵² If he has, then she is entitled to her ṣadâq. ¹²⁵³ He owes the young ones half of their ṣadâq, which he

وَإن كَانَ دَخَلَ بِالكُبْرَى حَرُمَ الكُلُّ عَلَيْهِ عَلَى الأبَدِ. وَلاَ مَهْرَ لِلْكُبْرٰى إِنْ كَانَ لَمْ يَدْخُلْ بِهَا، وَإِنْ كَانَ قَدْ دَخَلَ بِهَا، فَلَهَا مَهْرُهَا. وَعَلَيْهِ نِصْفُ مَهْرِ اْلأَصَاغِرِ، يَرْجِعُ بِهِ عَلىٰ اْلكُبْرٰى

1249. In this scenario, he is married to four wives (without consummation); one is older, and the other three are infants. After feeding any of the infant wives five times, the older wife becomes forbidden to him because she has become a mother to his infant wife (and thus become his mother-in-law). The first two she feeds become milk-sisters of each other; therefore, their marriages are voided since he cannot combine two sisters in marriage. (See previous footnote.) Their marriages are void by the time the third becomes their milk-sister, so the marriage of the third (the last one to be nursed by the woman who is now his ex-wife) remains valid.

1250. Because they simultaneously became milk-sisters while married to the same man.

1251. In this scenario, the infant wives become permanently forbidden to him because they are the milk-daughters of a wife with whom he consummated the marriage.

1252. In this case, she loses the ṣadâq because it was her breastfeeding of his wives that made her prohibited to him.

1253. The ṣadâq becomes binding upon consummation, and he may not take it back even if her own action is what caused her to be prohibited to him.

he may demand from the adult wife. ¹²⁵⁴

If the young wife suckles five times from the adult wife while she is asleep, she makes her unlawful to the husband, and the adult wife is entitled to half of her ṣadâq, which he can demand from the young one if her marriage has not been consummated. ¹²⁵⁵ If it is after consummation, the adult wife is entitled to all of her bridal dower, which he cannot demand from anyone. ¹²⁵⁶ The young one is not entitled to any bridal dower.

وَلَوْ دَبَّتِ الصُّغْرٰى إِلىٰ اْلكُبْرٰى وَهِيَ نَائِمَةٌ، فَارْتَضَعَتْ مِنْهَا خَمْسَ رَضَعَاتٍ، حَرَّمَتْهَا عَلىٰ الزَّوْجِ، وَلَهَا نِصْفُ مَهْرِهَا عَلَيْهِ يَرْجِعُ بِهِ عَلىٰ الصُّغْرٰى، إِنْ كاَنَ قَبْلَ الدُّخُوْلِ، وَإِنْ كَانَ بَعْدَهُ، فَلَهَــا مَهْرُهَــا كُلُّـهُ، لاَ يَرْجِـــعُ بِــهِ عَلىٰ أَحَدٍ، وَلاَ مَهْــــرَ لِلصُّغْرٰى.

If he marries a woman and then says, “She is my sister through breastfeeding,” her marriage becomes null, and she is entitled to her ṣadâq if he has already consummated the marriage. If not, she is entitled to half of the ṣadâq if she rejects his claim. If she acknowledged his claim before the consummation, she is not entitled to anything. If she is the one to say that he is her brother through breastfeeding, but he rejects her claim and she has no proof, then she continues to be his wife legally. ¹²⁵⁷

وَلَوْ نَكَحَ امْرَأَةً، ثُمَّ قَالَ: هِيَ أُخْتِيْ مِنَ الرَّضَاعِ، انْفَسَخَ نِكَاحُهُ وَلَهَا الْمَهْرُ إِنْ كَانَ دَخَلَ بِهَا، أَوْ نِصْفُهُ إِنْ كَانَ لَمْ يَدْخُلْ بِهَا وَلَمْ تُصَدِّقْهُ. وَإِنْ كَانَتْ هِيَ الَّتِيْ قَالَتْ: هُوَ أَخِيْ مِنَ الرَّضَاعِ، فَأَكْذَبَهَا وَلاَ بَيِّنَةَ لَهَا، فَهِيَ امْرَأَتُهُ فِي اْلحُكْمِ.

1254. He must pay the infant wives half of their ṣadâq because that is what is required upon separation after the contract but before the marriage has been consummated. He may demand that the older wife compensate him for their ṣadâq because she is the one who made them forbidden to him.

1255. In terms of religion, children are not liable for their mistakes; legally, though, they may be liable for financial losses they cause someone else through their actions.

1256. The ṣadâq becomes due upon consummation. He may not ask for compensation because the ṣadâq became due before the wife was made forbidden to him.

1257. The Claim of a Breastfeeding Bond by One of the Spouses

Legally, she is his wife; however, if he is lying, she is not his wife in the sight of Allah, and he will be liable in the hereafter for this enormous abomination. In the previous case, the claimant was the husband. He is the one who holds the right to divorce, so he must separate from the wife. In this case, the wife is making her claim without offering proof, so the judge will not grant her a divorce. Still, if she knows that the man is her milk-brother, she must do everything within her capacity to separate from him, including running away and seeking khul‘.

Chapter on Breast-Feeding

( Page : no 112)

The Book of Marriage

Breast-Feeding

الرَّضَاعِ

Introduction

The Book of Purification

The Book of Prayer

The Book of Funerals

The Book of Fasting

The Book of Hajj and 'Umrah

Book of Zakat

The Book of Selling and Commercial Transactions

The Book of Bequests

The Book of Inheritance

The Book of Marriage

The Book of Divorce

The Book of Sadaq

The Book of Dhihar

The Book of Lian

The Book of Foods

The Book of Oaths

Book of Fatal and Non-Fatal Assault

The Book of Indemnities

The Book of Hudood

The Book of Jihad

The Book of the Judiciary

The Book of Testimonies

Appendix

Glossary

Chapter on Breast-Feeding