The laws of breastfeeding1 The Most High has said in verification of the unmarriageable women: “…and your suckling mothers who suckled you and your sisters from suckling.” [AnNisaa: 23] It is narrated in the two Saheeh collections2 that the Prophet (saw) has said: “It becomes forbidden by suckling those relationships that are forbidden by kinship.” Furthermore his (saw) saying: “It becomes forbidden by suckling those relationships that are forbidden by birth.” Narrated by the group.3 The meaning of breastfeeding linguistically is: “The suckling of milk from the breast or the drinking of it.” Its definition according to the Sharee’ah: “The suckling or drinking etc of the milk induced by pregnancy by a child younger than two years old.” The ruling of relations linked by breastfeeding is that of those linked by kinship regarding marriage, seclusion, being a Mahram4 and the permissibility of looking, all of which details are to follow. These rules are not established except with the fulfilment of two conditions: The first condition: That the feedings be five or more due to the Hadeeth of ‘Aaisha (ra), who said:
1
Excerpted from the book: AlMulakh’khas alFiqhee: 2:345 by Sheikh Saaleh Ibn Fawzaan, may Allaah protect him. 2 Of Bukhaari and Muslim. 3 The group meaning: Bukhaari, Muslim, Abu Daawood, Tirmidthee, Nasaaee, Ibn Maajah and Ahmad, may Allaah have mercy upon them. 4 A Mahram of a woman is a male who has reached puberty to whom which her marriage is permanently forbidden, due to kinship or another permissible reason such as kinship through suckling.
“It was revealed in the Qur’aan: (Ten accounted feedings make forbidden). Five feedings were then abrogated from that and it became: (Five accounted feedings make forbidden). So the Messenger of Allaah (saw) passed away whilst the affair is upon this.” [Narrated by Muslim] This is an example of abrogation of the reading of a verse whilst the ruling remains. This Hadeeth clarifies the ambiguous in the Verses and Ahaadeeth concerning the topic of breastfeeding. The second condition: That these five feedings are within the first two years of infancy due to the saying of Allaah The Most High: “The mothers shall suckle their children for two whole years for those who desire to complete the term of suckling.” [AlBaqarah: 233] So this verse indicates that the considered feeding is that occurring in the infant’s first two years and also his (saw) saying: “Relationships do not become forbidden by suckling except the suckling that slashes the intestines and occurs before weaning.” Tirmidthee said: “This is Hasan Saheeh”5 The meaning of it being: Suckling does not lead to unmarriageability, except for the milk that reaches the intestines and widens them, so a small amount, that does not have this effect does not lead to unmarriageability. Furthermore suckling does not lead to unmarriageability except for that occurring before weaning. That is the feeding that occurs during infancy and takes the place of solid food, this is the feeding that leads to unmarriageability, because the milk satisfies the hunger of the suckling infant and causes him to grow, hence it is part of him. The definition of a feeding is that the infant sucks from a breast, then he breaks suckling to breathe, to move onto the other breast or other than this. This is counted for him as one feeding, if he returns, two…and so forth, even if this occurs in one sitting. This is because the Legislator has considered the number of feedings and didn’t define a feeding, so in definition of this, custom is referred to. If the milk reaches the infant by other than the breast, such as if it were to drop into his mouth or nose, or he drank it from a container or similar to that, this would take the ruling of breastfeeding because nourishment is attained by this, just like in breast feeding. With the condition that this occurs five times. Breastfeeding extends unmarriageability when a woman suckles an infant of less than two years, five feedings or more: The suckling infant consequently becomes her son in 5
Hasan Saheeh is a level of authenticity in Hadeeth authentication lower than Saheeh but higher than Hasan. Its ruling is that it is to be worked by.
their unmarriageability, the permissibility of him looking at her and them being secluded together. He becomes a Mahram for her due to the words of The Most High in the context of prohibition: “…and your suckling mothers who suckled you…” [AnNisaa: 23] He is not considered as her son in the remaining laws: his expenditure is not obligatory upon her, there is no inheritance between them, it is not obligatory upon him to pay any blood money she may incur and he is not a guardian for her, because kinship is stronger than relationship from suckling. Relationship from suckling and kinship are not equal except for in the areas that evidence indicates, that is unmarriageability and that stemming from this of being a Mahram and permissibility of seclusion. The suckling infant is considered a child of the one who induced the suckling mother’s milk by her pregnancy from him or his having sexual intercourse with her through marriage or other than that.6 This is due to the attributing of kinship through pregnancy to him under these conditions, and suckling is a branch of this. So the suckling infant is his child, however only in the laws mentioned that concern the suckling mother, that is unmarriageability, permissibility of looking, seclusion and being a Mahram, excluding the remaining laws. The unmarriageable kin of the one who induced the suckling mother’s milk such as his forefathers, children, mothers, grandfathers, grandmothers, brothers, sisters and their children, paternal uncles and aunts, maternal uncles and aunts are unmarriageable to the suckling infant. The unmarriageable kin of the suckling mother such as her ancestors, children, mothers, brothers, uncles etc are also unmarriageable to the suckling infant. As unmarriageability is established for the suckling infant, it spreads through to his descendants such as his children and grandchildren without affecting his forefathers or his brothers and sisters. This unmarriageability does not spread to those higher than him such as his forefathers, mothers, paternal uncles and aunts and maternal uncles and aunts, just as it does not spread to those on the same level as him, that is his brothers and sisters. The one who suckles from a woman who is sexually active through an invalid marriage or through fornication is considered a child of the suckling mother only, because fatherhood through marriage has not been established therefore fatherhood through suckling is not established either, as it is a branch of that. The milk of an animal does not lead to unmarriageability. Hence if two infants drink from an animal, unmarriageability does not spread amongst them.
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The intended is other legal sexual intercourse, that is the relationship between a master and his slave woman.
The scholars have differed in the case of a child who suckles from a woman whose milk flows without a previous pregnancy or sexual intercourse. It is said: “This does not spread unmarriageability because it is not real milk, rather it is emanated moistness, as the real milk causes the bones and flesh to grow and this doesn’t.” The second opinion is that it does spread unmarriageability, and this is the opinion chosen by AlMuwaffiq7 and others. Unmarriageability due to breastfeeding is established by the testimony of a woman who is commendable concerning her religion. SheikhulIslaam (Ibn Taymiyyah) said: “If she is known for her truthfulness and she states that she suckled the child five times, then that is accepted from her according to the correct opinion, and the rules of breastfeeding are established.” If there is doubt as to whether breastfeeding took place, or doubt in whether five feedings were completed and there is no evidence, there is no unmarriageability because the basis is, lack of suckling. Sheikh Saaleh Ibn Fawzaan Aale Fawzaan [AlMulakh’khas alFiqhee: 2:345]
7
The famous Hanbaly scholar, Muwaffiq adDeen Ibn Qudaamah alMuqdasy, 541620 Hijry. Author of AlMughni, AlKafee, AlMuqne and many other important works. Considered to be one of the landmark scholars of the Hanbaly Mathhab.