Breast-feeding

1. When a child is born, it is wâjib on the mother to breast-feed the child. However, if the father is rich and a wet nurse can be obtained, there is no sin on the mother if she does not breast-feed the child.

2. It is not permissible to breast-feed someone else's child without the permission of the husband. However, if the child is extremely hungry and there is a fear that if it is not fed it will die, then in such a case she can feed the child without seeking the permission of her husband.

3. The maximum period of breast-feeding is two years. It is h arâm to feed a child beyond two years.

4. If the child has commenced eating solids and because of this the woman stopped breast-feeding the child before the expiry of two years, there is no harm in this.

5. When a child drinks the milk of another woman, that woman becomes the mother of this child. The husband of that woman becomes this child's father. The children of this woman are regarded as foster brothers and foster sisters of this child and nikâh between them is now h arâm . All the relations that become h arâm through lineage (blood relations) become h arâm through this foster relationship as well. According to the majority of the ‘ulamâ , this rule will only apply if the child drinks the milk within the age of two years. If a child drinks the milk of another woman after the age of two, this will not be considered. This woman will not be regarded as the child's mother nor will her children be regarded as the child's brothers and sisters. Therefore, if they happen to marry, their nikâh will be valid. However, Imâm Abû Hanîfah ra h matullâhi ‘alayh says that even if a child drinks the milk of another woman within two and a half years, the nikâh will still not be valid. But if the child drinks the milk after the age of two and a half, there is no way that it will be considered. In this case, all the ‘ ulamâ agree that the nikâh will be valid.

6. The moment the milk goes down the throat of the child, all relations which we had mentioned above will become h arâm for that child. This is irrespective of whether very little milk went down or a lot of milk went down its throat.

7. If the child did not drink the milk directly from the woman's breast, and instead, she emitted some of her milk and fed it to the child, even then all those relations will become h arâm for that child. Similarly, if some milk is poured into the child's nose, all those relations mentioned will become h arâm . But if some milk is poured into the ears, it will not be considered.

8. If the milk of a woman is mixed with water, medicine or any other substance and given to a child, we will have to check whether the milk is more, the other substance is more, or both are equal. If the milk is more than or equal to the other substance, then the woman to whom the milk belongs will become the child's mother and all relations will become h arâm for that child. But if the water, medicine, etc. is more than the milk; it will not be considered and the woman will not be regarded as the child's mother.

9. The milk of a woman was mixed with cow's or goat's milk and the child drank this milk. Check which is more. If the woman's milk is equal to or more than the other milk, all relations will become h arâm for that child and this child will be regarded as the offspring of the woman to whom the milk belongs. But if the cow's or goat's milk is more, it will not be considered and it will be regarded as if the child did not even drink the woman's milk.

10. If a virgin girl happens to get milk and a child happens to drink it, all relations will become h arâm for this child.

11. The milk of a dead woman was taken out and given to a child to drink. Even then, all relations will become h arâm for this child.

12. Two children drank milk from the same cow or goat. In doing so, no relations become h arâm , nor are they regarded as brother and sister.

13. A young man drank the milk of his wife. She does not become h arâm on him, however, he has committed a major sin because it is h arâm to drink breast-milk after the age of two.

14. There is a boy and a girl. Both of them drank the milk of the same woman. Now, they cannot marry each other irrespective of whether they were fed the milk at the same time or one was fed now and the other was fed after several years. The same rule will apply in both cases.

15. A girl drank the milk of Bâqir's (name of a person used as an example) wife. This girl cannot marry Bâqir, his father, his grandfather nor other ascendants. Furthermore, she cannot even marry Bâqir's children. In fact, she cannot marry the children of Bâqir which are from his other wife.

16. Abbas drank the milk of Khadîjah. Khadîjah's husband, Qâdir, had another wife by the name of Zaynab whom he had already divorced. In such a case, even Zaynab cannot marry Abbas. This is because Abbas is regarded as a child of Zaynab's husband and we know that nikâh with the husband's children is not permissible. Similarly, if Abbas divorces his wife, then this wife of his cannot marry Qâdir because he is now regarded as her father-in-law. Furthermore, Abbas cannot marry Qâdir's sister because she is regarded as his paternal aunt, and he, her nephew. This is irrespective of whether she is Qâdir's blood sister or his foster sister. The same rule will apply in both cases. However, Qâdir can marry ‘Abbâs's sister.

17. ‘Abbâs has a sister by the name of Sâjidah. Sâjidah drank the milk of a particular woman, but ‘Abbâs did not drink. In such a case, ‘Abbâs can marry this woman.

18. ‘Abbâs's son drank the milk of Zâhidah. It will be permissible for ‘Abbâs to marry Zâhidah.

19. Qâdir and Dhâkir are two brothers. Dhâkir has a foster sister. This sister can marry Qâdir but not Dhâkir. Understand all this very well because masâ'il of this nature are difficult to understand. We have therefore not gone into details. Whenever the need arises, consult a learned, intelligent ‘âlim .

20. A man proposed to or married a particular woman. Thereafter, a woman came and said that she had breast-fed both of them. Apart from this woman, no one else claims or bears testimony that she had in fact breast-fed this couple. In such a case, any foster relationship between this couple cannot be established merely on the allegation of this one woman. The nikâh of the couple will be valid. However, if two reliable and pious men or one reliable, pious man and two women bear testimony that this woman had in fact breast-fed this couple, only then will their foster relationship be established. Their nikâh will now be h arâm . Without such a testimony, their foster relationship will not be established.

However, if only one man, only one woman or several women only bear testimony to this fact and one feels in one's heart that these people are speaking the truth, then in such a case they should not marry each other because there is no benefit in falling into unnecessary doubt. But if the nikâh is already performed, it will be valid.

21. It is not permissible to add a woman's milk into any medicine. If this is done, it will be h arâm and it is not permissible to consume it or apply it. Similarly, it is not permissible to apply breast-milk in the eyes or ears as a form of medication. In short, it is not permissible to take any benefit from the milk of humans or to use it for one's personal purposes.

then both the husband and wife have to go to a Shar'î judge. The judge will ask both of them to take an oath. First, the husband will take the following oath: "I make Allah my witness and say that I am speaking the truth with regard to the act for which I have accused her." He should take this oath four times. The fifth time he must say: "If I am lying, may Allah's curse descend upon me."

When the husband completes this, the wife must say the following four times: "I make Allah my witness and say that he is lying with regard to the act for which he is accusing me of." The fifth time she must say: "If he is truthful in this accusation, may the wrath of Allah descend upon me."

Once both of them take this oath, the judge will separate them and one t alâqul bâ'in will take place. The child will not be attributed to this husband, but will be given in the care of the mother. In the Sharî‘ah , this oath and counter-oath is known as li'ân .