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Islam: Questions And Answers - Jurisprudence and Islamic Rulings: Transactions - Part 5

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Jurisprudence and Islamic Rulings: Transactions - Part 5

Chapter 3

Transactions

Breast Feeding

47721: The limits within which a married couple may enjoy intimacy with one another, and the ruling on a man suckling from his wife

Question:

Is it permissible for a man to suck on his wife's breasts during intercourse?.


Answer:

Praise be to Allaah.

The husband may enjoy intimacy with his wife in whatever way he wishes; the only thing that is forbidden is anal intercourse and intercourse during the wife's menstrual period or nifaas (post-partum bleeding). Apart from that, he may enjoy his wife in whatever way he wants, such as kissing, touching, looking, etc.

Even if he sucks on her nipples, this comes under the heading of the intimacy that is permissible, and it cannot be said that the milk has any effect on him, because if an adult breastfeeds, it does not have any effect of making him a mahram. Rather the breastfeeding that has this effect is that which takes place during the first two years of life.

The scholars of the Standing Committee said:

It is permissible for a husband to enjoy all of his wife's body, apart from the back passage and intercourse during the wife's menstrual period or nifaas (post-partum bleeding), or when in ihraam for Hajj or `Umrah, until he has exited ihraam completely.

Shaykh `Abd al-`Azeez ibn Baaz, Shaykh `Abd-Allaah ibn Qa'ood.

Fataawa al-Lajnah al-Daa'imah, 19/351, 352.

The scholars of the Standing Committee said:

It is permissible for the husband to suck his wife's breasts, and if any milk reaches his stomach it does not have the effect of making him a mahram.

Shaykh `Abd al-`Azeez ibn Baaz, Shaykh `Abd al-Razzaaq `Afeefi, Shaykh `Abd-Allaah al-Ghadyaan, Shaykh `Abd-Allaah ibn Qa'ood.

Shaykh Muhammad ibn Saalih al-`Uthaymeen said:

Breastfeeding by an adult does not have the effect of making him a mahram, because the breastfeeding that has that effect is five breastfeedings or more within the first two years of life before weaning. Breastfeeding by an adult does not have that effect. Based on this, if we assume that someone breastfed from his wife or drank her milk, he cannot become a son to her.

Fataawa Islamiyyah, 3/338.

With regard to it being permissible to enjoy anything concerning which there is no prohibition, there follow some of the views of the scholars:

Ibn Qudaamah said:

There is nothing wrong with enjoying the area between the buttocks without any penetration, because what is forbidden is the back passage, which is mentioned specifically, which is forbidden because of the filth, and that is specific to the back passage, therefore it expressly forbidden.

Al-Mughni, 7/226.

Al-Kasaani said:

Among the saheeh rulings on marriage is that it is permissible to look at and touch every part of her from head to foot when she is alive, because intercourse goes beyond looking and touching, so it is more appropriate that touching and looking should be permitted.

Badaa'i' al-Sanaa'i', 2/231

Ibn `Aabideen said:

Abu Yoosuf asked Abu Haneefah about a man who touches his wife's private part and she touches his to stimulate arousal _ did he see anything wrong with that? He said: No, and I hope that the reward will be greater.

Radd al-Muhtaar, 6/367.

The Prophet (peace and blessings of Allaah be upon him) stated that this is permissible when he forbade intercourse in the vagina with a menstruating woman, but he permitted all other parts of her body. So it is more obvious that it is permissible at times other than menstruation.

Shaykh Muhammad ibn Saalih al-`Uthaymeen (may Allaah have mercy on him) said:

The words "He may enjoy everything else of her apart from that" means that the man may enjoy every part of the menstruating woman apart from the vagina.

It is permissible to enjoy what is above and below the waist wrapper (izaar), but the woman should be wrapped in a waist wrapper, because the Prophet (peace and blessings of Allaah be upon him) used to tell `Aa'ishah to wrap herself in a waist-wrapper when she was menstruating, then he would be intimate with her. He told her to do that lest he saw something that he disliked, namely the menstrual blood. But if the husband wants to enjoy the area between the thighs, for example, there is nothing wrong with that.

If it is said: What do you say about the words of the Prophet (peace and blessings of Allaah be upon him) when he was asked what part of his wife is permissible for a man when she is menstruating and he said, "You have that which is above the waist-wrapper" and this indicates that one may only enjoy that which is above the waist-wrapper?

The answer is as follows:

1 _ That is in order to be on the safe side and to avoid that which is forbidden.

2 _ It may vary according to circumstances. The words of the Prophet (peace and blessings of Allaah be upon him), "Do everything apart from intercourse" may be taken as being addressed to one who can control himself, and the words, "You have that which is above the waist-wrapper" may be taken as being addressed to one who cannot control himself, either because his religious commitment is too weak or his desire is too strong.

Al-Sharh al-Mumti', 1/417.

And Allaah knows best.

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13534: A Muslim woman may breastfeed a Christian child

Question:

Can a Muslim woman breastfeed a Christian child? And can a Christian woman breastfeed a Muslim child? What is the Islamic ruling on this child if breastfeeding takes place?.

Answer:

Praise be to Allaah.

It is permissible for a Muslim woman to breastfeed a Christian child and it is permissible for a Christian woman to breastfeed a Muslim child, because the basic principle is that that is permitted, and there is no evidence to the contrary. Rather that is a form of kind treatment and Allaah has decreed kind treatment in all things. It is proven that the Prophet (peace and blessings of Allaah be upon him) said: "In every living being there is reward."

Secondly: if breastfeeding takes place, then the Islamic ruling on each of them is not altered by this breastfeeding. Whoever was a Muslim before breastfeeding remains a Muslim afterwards and whoever was a Christian remains a Christian.

May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. Islam Q&A (www.islam-qa.com)


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45620: Do her children from breastfeeding have any relationship with her second husband?

Question:

A boy was breastfed by a woman along with her own son, then this woman got divorced and married another man, and had several sons and daughters. Her first husband married another woman and had several sons and daughters.

My question is:

I hope that you can tell me who are those who are regarded as the brothers and sisters of this child through breastfeeding _ are they the sons and daughters of that woman through breastfeeding or the sons and daughters of the man? Please note that this woman says that she breastfed this boy for several days and her own son nursed from one breast and this boy nursed from the other.


Answer:

Praise be to Allaah.

1 _ When the infant has been breastfed by the woman five times within the first two years of life, before weaning, then he becomes her child through breastfeeding, according to the consensus of the imams, and he becomes a mahram for her. The man to whom the milk belongs (because he is the father of the child whose conception and delivery led to production of the milk) becomes a father to the child through breastfeeding, according to the consensus of the well-known scholars. This is proven according to the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him).

2 _ If the man and woman become parents of the child through breastfeeding, then all their children become brothers and sisters to the breastfed child, whether they are children of the father only (from another wife) or of the mother only (from another husband) or from them both, or they are their children through breastfeeding. They all become brothers and sisters of this child through breastfeeding. Even if a man has two wives and one breastfeeds a baby boy and the other breastfeeds a baby girl, these two children become brother and sister and it is not permissible for them to marry one another, according to the consensus of the four Imams and the majority of Muslim scholars. Ibn `Abbaas was asked about this matter and said: "The inseminator is one" _ i.e., the man who had intercourse with both women, which led to the pregnancies that produced the milk is one and the same.

3 _ According to Muslim consensus, there is no difference between the children of the woman who were breastfed along with this child and those who were born to her before or after that. See Majmoo' al-Fataawa, 24/31-32

4 _ There is no paternal relationship between the woman's children through blood or through breastfeeding and her second husband, i.e., he is not regarded as a father to them through breastfeeding. The milk belongs to the first husband, who is a father to all of them. But her second husband is their mother's husband and by his marrying her, her daughters by blood become mahrams to him, because they are his stepdaughters (rabaa'ib), and when he has consummated the marriage with their mother they become mahrams to him. Allaah says (interpretation of the meaning):

"Forbidden to you (for marriage) are: … your stepdaughters under your guardianship, born of your wives to whom you have gone in" [al-Nisa' 4:23]

With regard to the relationship between the woman's daughters through breastfeeding and her second husband who was not the owner of the milk, and whether or not they are mahrams for him because he is the husband of their mother _ this is a matter concerning which there is a difference of opinion among the scholars.

The majority of scholars think that the woman's daughters through breastfeeding are mahrams for the second husband, because he is the husband of their mother. Shaykh al-Islam Ibn Taymiyah was of the view, and Shaykh Ibn `Uthaymeen agreed with him, that they are not mahrams for him.

Based on this, the women who were breastfed by this woman should observe hijab in front of her second husband, because he is not a mahram for them.

Shaykh Ibn `Uthaymeen (may Allaah have mercy on him) said: If we examine the view of the majority, which is that it is not permissible for him to marry his wife's daughter through breastfeeding and the view of Shaykh al-Islam Ibn Taymiyah that she is not a mahram for him, we may draw the conclusion that we should err on the side of caution because that is the approach that is referred to in the Sunnah. Sa'd ibn Abi Waqqaas disputed with `Abd ibn Zam'ah concerning a slave of Zam'ah. Sa'd said: "O Messenger of Allaah, this is the son of my brother `Utbah ibn Abi Waqqaas, whom he entrusted to my care because he is his son." `Abd ibn Zam'ah said: "This is my brother, the son of my father's slave woman who was born on my father's bed." The Prophet (peace and blessings of Allaah be upon him) saw that the child clearly resembled `Utbah but he said: "He is yours, O `Abd ibn Zam'ah. The child belongs to the bed." Then he said to Sawdah bint Zam'ah, who was one of the Mothers of the Believers (the Prophet's wives): "Observe hijab from him, O Sawdah." Al-Bukhaari, 2053; Muslim, 1457. Even though he had ruled that he was a brother of hers, he told her to observe hijab from him because he saw that he clearly resembled `Utbah. This was the ruling of the Prophet (peace and blessings of Allaah be upon him) that was based on erring on the side of caution. He told her to observe hijab because there was some doubt about him, and he ruled that he was her brother because he was born in her father's bed.

Duroos al-Haram al-Makki, vol. 3 p. 245.

And Allaah knows best.

For more information see question no. 40226.

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45819: Can he marry the daughter of a woman who was breastfed by his mother?

Question:

A woman was breastfed by my mother twice, and the one who was breastfed alongside her was my older sister. I had not been born yet. The woman who had been breastfed by my mother got married, and she has a daughter. Is it permissible for me to marry her (the daughter)?.


Answer:

Praise be to Allaah.

If a woman breastfeeds a child, then this child becomes her child through radaa'ah (breastfeeding), and a brother through breastfeeding of all her children, whether those children were there before him or came later.

Based on this, any woman who was breastfed by your mother is your sister through breastfeeding, and you are a maternal uncle to all her children. So it is haraam for you to marry her daughter, because you are her maternal uncle through breastfeeding. And the Prophet (peace and blessings of Allaah be upon him) said: "What becomes mahram (forbidden for marriage) through breastfeeding is that which become mahram through blood ties."

Narrated by al-Bukhaari, 2645; Muslim, 1447.

It is haraam for a maternal uncle through blood ties to marry his sister's daughter, and the same applies to the maternal uncle through breastfeeding.

But it should be noted that becoming a mahram through breastfeeding can only be established through five well-known breastfeedings, because of the report narrated by Muslim (1452) from `Aa'ishah who said: ""When the Qur'aan [Qur'an, Quran] was first revealed, the number of breast-feedings that would make a child a relative (mahram) was ten, then this was abrogated and replaced with the number of five which is well-known."

You state in your question that this woman breastfed from your mother twice, so we should note that the breastfeeding which makes the child a mahram is five feedings.

Ibn al-Qayyim said in Zaad al-Ma'aad, 5/575:

One breastfeeding (rad'ah) means when the child takes the beast and starts suckling, and then lets it go without being made to do so. That is one breastfeeding, because the Lawgiver referred to one breastfeeding in general terms, so it is to be interpreted according to custom, and this is the custom. If the child stops briefly in order to breathe or to rest or because of some distraction, then quickly goes back to the breast, this is regarded as one breastfeeding, just as when a person who is eating pauses briefly then quickly goes back to eating, this is not regarded as two meals, rather it is one. This is the view of al-Shaafa'i. And if the infant moves from one breast to the other, this is one breastfeeding.

See also question no. 2864

Thus it becomes clear that the five breastfeedings could all take place in one sitting.

If this woman was breastfed by your mother five times in this sense, then it is not permissible for you to marry her daughter, because you are her paternal uncle through breastfeeding. If she was breastfed less than five times, that does not mean that she is a mahram, so it is permissible for you to marry her daughter.

If there is any doubt concerning the number of breastfeedings, whether it was five or not, there is no proof of the child being a mahram in the case of doubt.

Ibn Qudaamah (may Allaah have mercy on him) said:

If there is any doubt as to whether breastfeeding took place or not, or with regard to the number of breastfeedings, whether the number that makes the child a mahram was completed or not, this does not make the child a mahram, because the basic assumption is that he is not a mahram, and what is certain cannot be dispelled by what is uncertain.

See also question no. 13357.

And Allaah knows best.

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36375: Their father's wife breastfed a baby girl _ is she regarded as their sister?

Question:

My father married a woman in the past and was blessed with children from this wife. This woman died after breastfeeding another girl who was not her relative; rather she did that as an act of kindness. Are we brothers of this girl? Her father will not allow her to uncover in front of us unless there is a fatwa.


Answer:

Praise be to Allaah.

If this woman breastfed the child for five known breastfeedings during the first two years of life, then she is a daughter of the woman and her husband who is the "owner of the milk" _ namely your father _ and all the children of that woman from her husband, the owner of the milk, or from any other husband will be brothers and sisters of that girl; the children of the husband, the owner of the milk, from the woman who nursed the infant or from any other wife, will also be brothers and sisters of that girl.

So all of you, siblings born to your father from any of his wives, are all brothers and sisters of that girl.

Shaykh Ibn Baaz (may Allaah have mercy on him) said: "If a woman breastfeeds a child for five or more known breastfeedings within the first two years, that child becomes the son or daughter of her and her husband, the owner of the milk, and all the children of that woman, from her husband who is the owner of the milk or any other husband, become brothers and sisters of this infant. The children of the husband who is the owner of the milk, from the wife who breastfed the child or any other wife also become brothers and sisters of the infant. Her brothers become maternal uncles for him, and the brothers of the husband who is the owner of the milk become paternal uncles. The father of the woman becomes a grandfather for the child, as does the father of the husband who is the owner of the milk, and his mother becomes a grandmother to the child, because Allaah says concerning female mahrams in Soorat al-Nisa' (interpretation of the meaning):

"your foster mothers who gave you suck, your foster milk suckling sisters" [al-Nisa' 4:23]

The Prophet (peace and blessings of Allaah be upon him) said: "What becomes mahram (forbidden for marriage) through breastfeeding is that which become mahram through blood ties." And he said: "There is no breastfeeding (that makes the child a mahram) except in the first two years." And it was proven in Saheeh Muslim that `Aa'ishah (may Allaah be pleased with her) said: "When the Qur'aan [Qur'an, Quran] was first revealed, the number of breast-feedings that would make a child a relative (mahram) was ten, then this was abrogated and replaced with the number of five which is well-known, and the Prophet (peace and blessings of Allaah be upon him) passed away when this was the case."

This version was narrated by al-Tirmidhi; the original is in Saheeh Muslim.

From Fataawa Islamiyyah, 3/333

With regard to the definition of breastfeeding, please see question no, 27280. Islam Q&A (www.islam-qa.com)


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27280: Each of them breastfed the child of the other; do any rulings result from that?

Question:

I hope that you can explain the ruling on breastfeeding (radaa'ah) in full, for example, I breastfed my brother-in-law's son for a month, and my son was breastfed by my brother-in-law's wife. I have a daughter and a son who are older than the child who was breastfed by my brother-in-law's wife, and she also had two children before the child of hers whom I breastfed.

I hope that you can describe the kind of breastfeeding that makes the child a mahram and the rulings that apply to the rest of the siblings? Thank you very much.

Answer:

Praise be to Allaah.

Whoever is breastfed by a woman five times, before the age of two years, becomes her child through breastfeeding and she becomes his mother. Her husband (the "owner of the milk") becomes a father to him through breastfeeding, and everyone who was also breastfed by this woman becomes his brother or sister through breastfeeding, and so on.

That is because of the report narrated by Muslim (1425) from `Aa'ishah who said: "When the Qur'aan [Qur'an, Quran] was first revealed, the number of breast-feedings that would make a child a relative (mahram) was ten, then this was abrogated and replaced with the number of five which is well-known."

And al-Tirmidhi narrated that Umm Salamah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "The only breastfeeding that creates the relationship of mahram is that which fills the stomach from the breast, before weaning."

Classed as saheeh by al-Albaani in al-Irwa', 2150.

What is meant by "from the breast" means at the time of breastfeeding. The Arabs say "Maata fulaan fi'l-thadiy (So and so died at the time of breastfeeding, i.e, in infancy, before weaning)." This is the view of al-Shawkaani.

Al-Tirmidhi said: This is a saheeh hasan hadeeth, and the view followed by the majority of scholars among the companions of the Prophet (peace and blessings of Allaah be upon him) and others is that breastfeeding does not make a child a mahram unless it is done before the child reaches the age of two. Any breastfeeding that occurs after the age of two does not make the child a mahram."

Al-Bukhaari (2645) narrated that Ibn `Abbaas (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said concerning the daughter of Hamzah: "She is not permissible for me (to marry), because what becomes mahram (forbidden for marriage) through breastfeeding is that which become mahram through blood ties. And she is the daughter of my brother through breastfeeding"

The definition of breastfeeding:

Ibn al-Qayyim (may Allaah have mercy on him) said:

One breastfeeding (rad'ah) means when the child takes the beast and starts suckling, and then lets it go without being made to do so. That is one breastfeeding, because the Lawgiver referred to one breastfeeding in general terms, so it is to be interpreted according to custom, and this is the custom. If the child stops briefly in order to breathe or to rest or because of some distraction, then quickly goes back to the breast, this is regarded as one breastfeeding, just as when a person who is eating pauses briefly then quickly goes back to eating, this is not regarded as two meals, rather it is one. This is the view of al-Shaafa'i. And if the infant moves from one breast to the other, this is one breastfeeding. See also question no. 2864

Shaykh Ibn Baaz (may Allaah have mercy on him) said:

If a woman breastfeeds a child for five well known breastfeedings or more during the first two years, the infant becomes a child for her and her husband who is the owner of the milk, and all that woman's children from the husband who is the owner of the milk or from other husbands become siblings of this infant, and the children of the man who is the owner of the milk, whether from the breastfeeding woman or from other wives, become siblings of the infant. Her brothers become maternal aunts for him, and the brothers of the husband, the owner of the milk, become paternal uncles for him, and the father of the woman becomes a grandfather for the child and the father of the husband, the owner of the milk, becomes a grandfather to him and the husband's mother becomes a grandmother to him, because Allaah says concerning female mahrams in Soorat al-Nisa' (interpretation of the meaning):

"your foster mothers who gave you suck, your foster milk suckling sisters"

[al-Nisa' 4:23]

And the Prophet (peace and blessings of Allaah be upon him) said: "What becomes mahram (forbidden for marriage) through breastfeeding is that which become mahram through blood ties." And he (peace and blessings of Allaah be upon him) said: "There is no breastfeeding except during the first two years." And it was proven in Saheeh Muslim that `Aa'ishah (may Allaah be pleased with her) said: "When the Qur'an was first revealed, the number of breast-feedings that would make a child a relative (mahram) was ten, then this was abrogated and replaced with the number of five which is well-known. Then the Prophet (peace and blessings of Allaah be upon him) passed away when that was the state of affairs." This version was narrated by al-Tirmidhi but it is also found in Saheeh Muslim.

From Fataawa Islamiyyah, 3/333

In conclusion:

If your son was breastfed five times in the first two years by your brother-in-law's wife, then he is a brother to all of her sons and daughters.

Similarly the son of this woman who was breastfed by you, becomes a son to you and a brother to all your sons and daughters, whether they are older or younger than the one who was breastfed, whether they were already present or have not been born yet.

Your sons _ apart from the son who was breastfed by the wife of his paternal uncle _ may marry the daughters of their paternal uncle, because they are not mahrams to one another. And your daughters may marry the sons of their paternal uncle except the son who was breastfed by you, because he is a brother to them, as explained above.

And Allaah knows best.

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34557: She is not permissible for him to marry because she is his maternal aunt through breastfeeding (radaa'ah)

Question:

We are faced with a very important and sensitive issue which has to do with breastfeeding (radaa'ah).

This situation is as follows:

- Aaminah (the grandmother) is the sister of Zaynab and breastfed Faatimah the daughter of Zaynab.

- Then Aaminah breastfed Umm Kathoom (her daughter's daughter).

The issue is that one of Faatimah's sons has proposed marriage to Umm Kalthoom. Is this marriage permissible?.


Answer:

Praise be to Allaah.

The question may be summed up by saying that Aaminah breastfed both Faatimah and Umm Kalthoom, so Faatimah and Umm Kalthoom are sisters through breastfeeding. So it is not permissible for any of Faatimah's sons to marry Umm Kalthoom, because she is their maternal aunt through breastfeeding. The Prophet (peace and blessings of Allaah be upon him) said: "What becomes mahram (forbidden for marriage) through breastfeeding is that which become mahram through blood ties." Narrated by al-Bukhaari, 2645; Muslim, 1445.

The maternal aunt through blood ties is a mahram just as is the maternal aunt through breastfeeding.

Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (7/87):

Every woman who is a mahram (forbidden for marriage) because of blood ties, her equivalent through breastfeeding is also a mahram, namely mothers, daughters, sisters, paternal aunts, maternal aunts, brother's daughters and sister's daughters… because the Prophet (peace and blessings of Allaah be upon him) said: "What becomes mahram (forbidden for marriage) through breastfeeding is that which become mahram through blood ties." Agreed upon. And we do not know of any differing opinion on this matter.

Being a mahram because of breastfeeding depends on two things:

1 _ That the child be breastfed five times, meaning that the infant grasps the nipple and … then lets go.

2 _ These five breastfeedings should have taken place before he reaches the age of two.

See also question no. 27280 & 804.

And Allaah knows best.

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13357: He is married to his maternal aunt through breastfeeding

Question:

Until recently there were concubines in our country, and this issue has come up; I would like to know the shar'i ruling on it.

A man had a wife whose name was Aaminah, and he had a concubine whose name was Sa'diyyah.

Aaminah (his wife) breastfed a girl called Zaynab, and the slave woman Sa'diyyah had a daughter whose name was Haleemah.

The daughter, Haleemah, got married and had a son called `Ali, who grew up and married Zaynab, who had been breastfed by Aaminah.

They have been married for many years, and have several sons and daughters. My question is, what is the ruling on this marriage?

Is it permissible for me not to tell them, if this marriage is not legitimate?.


Answer:

Praise be to Allaah.

One of the rulings on radaa'ah (breastfeeding) is that the milk of the wet nurse has an effect on the child she breastfeeds and on his or her children. If Zayd was breastfed by Faatimah, then Zayd and his children are regarded as children of the wet nurse (Faatimah), but his brothers are not connected to them through breastfeeding.

But for the wet nurse, the bond established by breastfeeding includes all her relatives, so whoever is related to the wet nurse is also related to the child whom she breastfed. So the husband of the wet nurse is regarded as a father of the child through breastfeeding; her brothers are regarded as maternal uncles through breastfeeding, and her father and grandfathers are regarded as grandfathers of the child through breastfeeding. If her husband has another wife, then this woman is regarded as the wife of the child's father through breastfeeding, and her children are regarded as his brothers on the father's side through breastfeeding… and so on. `Urwah ibn al-Zubayr narrated that `Aa'ishah said: Aflah the brother of Abu'l-Qu'ays asked permission to enter upon me after the ruling on hijab had been revealed, and I said, "I will not let you in until I ask the permission of the Prophet (peace and blessings of Allaah be upon him), for it was not the brother of Abu'l-Qu'ays who nursed me but the wife of Abu'l-Qu'ays." The Prophet (peace and blessings of Allaah be upon him) entered upon me and I said to him, "O Messenger of Allaah, Aflah the brother of Abu'l-Qu'ays asked permission to enter upon me, but I refused to let him in until I asked your permission."

The Prophet (peace and blessings of Allaah be upon him) said: "What stopped you from letting him in? He is your (paternal) uncle."

I said, "O Messenger of Allaah, the man is not the one who nursed me, rather it was the wife of Abu'l-Qu'ays who nursed me."

He said, "Let him in, for he is your uncle, may your right hand be rubbed with dust (i.e., may you prosper)!"

`Urwah said: For that reason `Aa'ishah used to say, "Consider those things which are illegal (for marriage) because of blood relations as illegal because of the corresponding relations through breastfeeding." Narrated by al-Bukhaari, 4796; Muslim 1445.

This hadeeth confirms that there are parents through breastfeeding, and that the husband of the wet nurse is regarded as a father of the child through breastfeeding. The wife of Abu'l-Qu'ays breastfed `Aa'ishah, so she became a mother to her, and her husband became a father to her through breastfeeding, and his brothers became paternal uncles to `Aa'ishah through breastfeeding. Hence the brother of Abu'l-Qu'ays said to `Aa'ishah, "Do you observe hijab before me when I am your paternal uncle?" Narrated by al-Bukhaari, 3644. The Prophet (peace and blessings of Allaah be upon him) confirmed that he was a paternal uncle to `Aa'ishah when he said, "Let him in, for he is your uncle, may your right hand be rubbed with dust (i.e., may you prosper)!" See al-Mughni ma'a al-Sharh al-Kabeer, 9/199; al-Mawsoo'ah al-Fiqhiyyah, 22/248.

With regard to the matter mentioned in the question, the answer is as follows:

The daughter, Zaynab, who was nursed by the wife, Aaminah, is regarded as a daughter of Aaminah because of this breastfeeding. She is also a daughter to Aaminah's husband through breastfeeding. So the husband is her father through breastfeeding, if the child was nursed five times or more when the infant was under the age of two years. Based on that, the husband's daughter Haleemah from his concubine Sa'diyyah is the sister of Zaynab through her father through breastfeeding, and Haleemah's children _ including `Ali _ are mahrams to Zaynab because she is their maternal aunt through breastfeeding. So it is not permissible for any of them to marry her.

You mention in your question that `Ali married Zaynab. This marriage is invalid and he must leave her at once, because he is regarded as having married his maternal aunt through breastfeeding.

With regard to the children who were born as a result of this marriage, they are legitimate children who should be named after their father `Ali, because this is regarded as an ambiguous marriage and children born as a result of that are to be named after the father, as the scholars said.

Shaykh `Abd al-`Azeez ibn Baaz was asked:

I was breastfed by a woman whose husband took a second wife and had children from her. Are they my brothers?

He replied: If you were breastfed five times or more, and the milk belonged to the husband because it was produced as the result of a baby being born to him, then they are your brothers through your father through breastfeeding."

Fataawa Islamiyyah, 3/323.

Shaykh Muhammad ibn `Uthaymeen (may Allaah have mercy on him) was asked a similar question:

After I had consummated the marriage with my wife, I found out that she is my sister through breastfeeding, because I was breastfed along with her sister. Is she my mahram in this case?

He replied: Yes, if the matter is as you say, and you were breastfed along with the wife's sister from her mother, in the sense that you were breastfed by the wife's mother or her father's wife, then you are her brother and the marriage is invalid. But you should realize that breastfeeding does not count unless the child is breastfed five or more times in the two years before weaning. If it was less than that, then it has no effect and it does not establish the relationship of mahram.

If you are certain that you were breastfed five times or more by the mother of the woman whom you have married in the first two years of life, then you must leave her because this marriage is not valid. Any children who were born before you found out are to be named after you according to sharee'ah, because these children were born as the result of an ambiguous marriage and children born as a result of that are to be named after the father, as the scholars said.

Fataawa Islamiyyah, 3/329.

You have to tell them about that, because they have the right to receive sincere advice from you and so as to denounce an evil action, because their staying in this invalid marriage is an evil action. The Prophet (peace and blessings of Allaah be upon him) said, "Whoever among you sees an evil action, let him change it with his hand (by taking action), and if he cannot then with his tongue (by speaking out) …" Narrated by Muslim.

May Allaah help us all to do that which He loves and which pleases Him.

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20759: Ruling on breastfeeding and the wisdom behind it

Question:

Is providing breast milk (mother/wetnurse) to an infant too young to live on solid foods a required duty?.


Answer:

Praise be to Allaah.

Yes, if the infant needs to be breastfed then breast milk must be provided for him.

It says in al-Mawsoo'ah al-Fiqhiyyah (22/239): There is no difference of opinion among the fuqaha' that it is obligatory to breastfeed an infant so long as he needs that and he is at the age for breastfeeding.

Breastfeeding is a proven right of the infant, according to the rulings of sharee'ah, and must be provided for him by the one whose duty it is to do so. The fuqaha' clearly stated that breastfeeding is the right of the child.

They explained the reason for that as being that breastfeeding for an infant is like maintenance for an adult.

What they said is true and is indicated by the Qur'aan [Qur'an, Quran]. Allaah says (interpretation of the meaning):

"but the father of the child shall bear the cost of the mother's food and clothing on a reasonable basis"

[al-Baqarah 2:233]

Allaah has enjoined upon the father to spend on the woman who nurses his child, because nutrition reaches the child via the nurse through the breast milk. So spending on the nurse is in fact spending on him. It says in Sharh Muntaha al-Iraadaat: The one who is obliged to spend on the infant, whether male or female, is obliged to spend on the child's nurse, because the child is nourished by the milk produced by the nurse, and that can only happen if she is nourished. So it is obligatory to spend on the nurse because this is in fact spending on the child.

Al-Mufassal fi Ahkaam al-Mar'ah, 9/464.

The scholars are unanimously agreed on the effects of breastfeeding in establishing the prohibition on marriage and on making the child the mahram of the woman who breastfeeds him, and making it permissible to look at her and be alone with her, but it does not make it obligatory to spend on the person, or make him an heir or a guardian in cases of marriage.

The reason for this mahram relationship is obvious, because when the infant is nourished by the milk of this woman, his flesh grows on that, so it is as if he is her own child.

Hence the scholars regarded it as makrooh to appoint a kaafir woman or an immoral woman as a wet-nurse, or a woman who was suffering from a contagious disease, because it may pass to the child.

They regarded it as mustahabb to choose a wet-nurse who was of good character and morals, because breastfeeding changes the child's nature.

It is better if no one breastfeeds the child but his mother, because that is more beneficial, and that may be obligatory for her if the child will not accept the breast of anyone else.

Doctors encourage giving the mother's milk, especially in the early months.

The wisdom of Allaah in creating the nourishment of the child in his mother's milk has been proven through scientific and medical research.

Medical benefits of breastfeeding:

Breastfeeding brings great benefits. Allaah has enjoined breastfeeding in His Book, when He said (interpretation of the meaning):

"The mothers shall give suck to their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling"

[al-Baqarah 2:233]

So Allaah has stated the child's right to be breastfed.

Fourteen hundred years after this verse was revealed, international organizations such as the World Health Organization have issued statement after statement calling on mothers to breastfeed their children, whereas Islam enjoined that fourteen centuries ago.

The benefits of breastfeeding for the child include the following:

1 _ The mother's milk is sterile, containing no germs.

2 _ The mother's milk cannot be imitated by any milk prepared from the milk of cows, goats or camels. It is composed in such a way as to meet the child's needs day after day, from birth until weaning.

3 _ The mother's milk contains sufficient amounts of protein and sugar that suit the infant completely, whereas the proteins in cow's, goat's and buffalo's milk are difficult for the child's stomach to digest, because they are suited to the offspring of those animals.

4 _ The development of children who are breastfed is faster and more complete than that of children who are bottle-fed.

5 _ The psychological and emotional bond between the mother and her child.

6 _ The mother's milk contains various elements that are essential to the child's nourishment, in the right amounts and formats needed by his body, and in a form that is suited to his ability to digest and absorb. The nourishing content of the milk is not fixed; it changes day by day according to the child's needs.

7 _ The mother's milk is kept at a suitable temperature that meets the child's needs, and can be given to him at any time.

8 _ Breastfeeding is a natural means of contraception for the mother, and is free of the complications that may accompany use of birth control pills, the coil (IUD) or injections.

From Tawdeeh al-Ahkaam, 5/107. Islam Q&A (www.islam-qa.com)


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40226: He breastfed from his maternal aunt twice; can he marry her daughter?

Question:

I proposed marriage to the daughter of my maternal aunt, but when the time for marriage drew close my aunt told me that she had breastfed me twice when I was little, but I had not drunk my fill on those occasions. Is it permissible for me to marry her?.

Answer:

Praise be to Allaah.

It is permissible for you to marry the daughter of your maternal aunt in this situation, because breastfeeding (radaa'ah) only makes the woman (and her daughters) the mahrams of the child who nursed if it takes place five times. [A mahram is a relative whom one is forbidden to marry and with whom the rulings of hijab or covering do not apply - Translator]. The evidence for that is the hadeeth narrated by Muslim (1452) from `Aa'ishah who said: "One of the (rulings) that was revealed in the Qur'aan [Qur'an, Quran] was that ten known breastfeedings make the child a mahram, then that was abrogated and replaced with five."

Al-Nawawi (may Allaah have mercy on him) said:

The scholars differed concerning the number of breastfeedings for which the ruling on breastfeeding (radaa'ah) applies. `Aa'ishah and al-Shaafa'i and his companions said that there is no proof for any number less than five. The majority of scholars said that the ruling applies if breastfeeding occurs once. This was narrated by Ibn al-Mundhir from `Ali, Ibn Mas'ood, Ibn `Umar, Ibn `Abbaas, `Ata', Tawoos, Ibn al-Musayyib, al-Hasan, Makhool, al-Zuhri, Qataadah, Hammaad, Maalik, al-Awzaa'i, al-Thawri and Abu Haneefah _ may Allaah be pleased with them. Abu Thawr, Abu `Ubayd, Ibn al-Mundhir and Dawood said: The ruling applies in the case of three breastfeedings, not less than that. Al-Shaafa'i and those who agreed with him followed the hadeeth of `Aa'ishah which mentioned five known breastfeedings.

For the definition of breastfeeding which makes the child a mahram, see question no. 804.

Shaykh Ibn Baaz was asked whether breastfeeding from a woman three times makes her a mahram.

He replied: this breastfeeding three times does not make her a mahram through breastfeeding. The ruling on becoming a mahram through breastfeeding only applies if breastfeeding occurs five times or more. Then he quoted the hadeeth of `Aa'ishah as evidence. Fataawa Islamiyyah, 3/326.

Shaykh Ibn `Uthaymeen said:

One breastfeeding does not have any effect, rather it must be five breastfeedings that occur before the child is weaned and before he reaches the age of two. A person does not become the woman's (foster) child if he breastfeeds once or twice or three or four times. It must also be five known breastfeedings; if there is some uncertainty as to whether he breastfed four or five times, the principle is that it was four, because every time we are uncertain about numbers, we take the lower number. Based on this, if a woman says, I breastfed this child but I do not know if it was once or twice, or three or four or five times, we say that this child is not her (foster) child, because it has to be five known breastfeedings without a doubt.

Al-Fataawa al-Jaami'ah li'l-Mar'ah al-Muslimah, 2/768. Islam Q&A (www.islam-qa.com)


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13750: The blessing of natural breastfeeding

Question:

I have been told that breastfeeding is blessed by Allah and that the Koran states; `every drop of breast milk' is blessed. Could you please tell me where in the Koran I might find such a refence?


Answer:

Praise be to Allaah.

Undoubtedly the blessing comes where Allaah wills, and it comes if a person asked Allaah to bless him in his wealth or provision, so He makes it blessed, or He makes the person blessed, as `Eesa (Jesus _ peace be upon him) said. Allaah says:

"[`Eesa (Jesus) said:] And He has made me blessed wheresoever I be"

[Maryam 19:31 _ interpretation of the meaning]

And the blessing will be wherever Allaah puts it, as He says concerning rain (interpretation of the meaning):

"And We send down blessed water (rain) from the sky"

[Qaaf 50:9]

i.e., you gain blessing by its falling, because it makes trees and plants grow. With regard to breastfeeding, I do not remember any aayah which mentions it in conjunction with blessing in particular.

Shaykh `Abd al-Kareem al-Khudayr.

The Qur'aan [Qur'an, Quran] encourages the mother to breastfeed her child naturally. Allaah says:

"The mothers shall give suck to their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling"

[al-Baqarah 2:233]

This is a command to mothers, as the scholars explained, to breastfeed their children. The scholars also mentioned that one part of breastfeeding is obligatory, which is the yellow substance (colostrum) that is produced at the beginning of breastfeeding and which is known medically to be of great benefit in building the immune system of the child etc. Undoubtedly in carrying out the commands of Allaah there is great blessing.

And Allaah is the Source of strength.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)


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12454: It is permissible for a woman to breastfeed her child before doing ghusl

Question:

If a woman has not yet done ghusul can she breast feed her child?


Answer:

Praise be to Allaah.

It is permissible for a women to breastfeed her child before doing ghusl, whether it is ghusl after nifaas, menstruation or sexual relations. There is no evidence to indicate that she must do ghusl in these cases in order to breastfeed her child. Rather ghusl is obligatory in cases of impurity in order to pray or to do any act of worship for which tahaarah (purity) is required. The woman who is bleeding following childbirth or menstruating must do ghusl when the nifaas or period ends in order to do those acts of worship and also so that it may become permissible for her husband to have intercourse with her. It is not haraam for the woman who is menstruating or bleeding following childbirth to touch anything during her period or nifaas, except for the Mushaf (copy of the Qur'aan [Qur'an, Quran] in Arabic only). And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)


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21203: Breastfeeding a child during pregnancy

Question:

I am breastfeeding my child who is ten months old, and I am now pregnant. Should I stop breastfeeding my child because of pregnancy? Or should I continue to breastfeed despite the fact that I am pregnant? Is breastfeeding a child whilst pregnant haraam or halaal? I hope that you can answer my question quickly.


Answer:

Praise be to Allaah.

The question of breastfeeding a child during pregnancy should be referred to a capable and trustworthy doctor. If he says that breastfeeding the child will not harm the foetus or the nursing infant, then there is no reason not to do it and it is permissible.

But if it will harm your child or the foetus, then do not breastfeed him. And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)


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4049: Ruling on milk banks

Question:

In America there are banks known as milk banks, which buy milk from nursing mothers then sell it to women who need to give it to their children but their own milk is lacking, or they are sick or are too busy working, etc. What is the ruling on buying milk from these banks?


Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-`Uthaymeen, may Allaah preserve him, who replied as follows:

This is haraam. It is not permissible to establish this kind of bank, because this is human milk, and the milk from different mothers will be mixed, so that no one will know who is the mother. In Islam, drinking the milk of a woman creates the same relationship as does a close tie by blood (i.e., it has an effect on whom one may and may not marry, etc.). If the milk is of any kind other than human, then there is nothing wrong with milk banks.

And Allâh knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid

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1488: The rules of Radaa' still apply if the child drinks the breast-milk from a bottle

Question:

I understand that a child becomes "related" to a woman when he nurses from her. Does he also become related if he receives her breastmillk in a bottle ?

Answer:

Praise be to Allaah.

Yes, the rules of Radaa' still apply, so long as the child drinks the equivalent of the well-known five breast feedings within the first two years of life.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

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804: Uncertain of the number of breast-feedings

Question:

My question is about marriage. I want to marry a cousin because we are very deeply in love. But we heard that I got some milk from her mother. Then we wondered how many times this had happened. When we asked her mother, she said, "I don't remember - it is so long ago." So she does not remember how many times she may have given me milk. I do not know what I should do in such a situation.

But one thing I know very well is that I love her very much! Please advise me.

Answer:

Praise be to Allah.

For breast-feeding to have the effect of making a child a relative (mahram), two conditions must be met:

(1) The number of breast-feedings should be five or more, because of the hadith of `Aa'ishah (may Allah be pleased with her), who said: "When the Qur'an was first revealed, the number of breast-feedings that would make a child a relative (mahram) was ten, then this was abrogated and replaced with the number of five which is well-known." (Reported by Muslim, no. 1452).

(2) This should happen within the first two years of the child's life, because of the hadith: "Harmalah ibn Yahya told us that `Abdullah ibn Wahb told us that Ibn Lahimah informed us from Abu al-Aswad from `Urwah from `Abdullah ibn al-Zubayr that the Messenger of Allah (Peace & Blessings of Allah be Upon Him) said: "There is no breast-feeding except what fills the stomach to bursting point." (Reported by Ibn Maajah, no. 1946; see also Saheeh al-Jaami`, no. 7495).

Al-Bukhaari, may Allah have mercy on him, included a chapter in his Saheeh entitled: "The chapter of the one who says there is no breast-feeding after two years because of the words of Allah `. . . two whole years, (that is) for those (parents) who desire to complete the term of suckling . . .' [al-Baqarah 2:233]."

The definition of rad`ah (one breast-feed) is that the child should take the breast and drink milk from it, then leave it of his own accord in order to breathe or to change position, and so on.

If this is the case, then the rulings concerning breast-feeding will apply, i.e. the child will be considered a relative and marriage will be forbidden, etc.

In the case of doubt concerning the number of breast-feedings, Ibn Qudaamah, may Allah have mercy on him, said: "If there is some doubt concerning whether breast-feeding took place, or concerning the number of feeds and whether it was enough to make the child a relative (mahram) or not, then there is no proof that the child must be considered a relative, because the general rule of life is that a child does not breast-feed from anyone except his own mother, and one cannot dismiss certainty in favour of doubt. (al-Mughni 11/312).

Therefore it is permissible to marry if there is no proof of breast-feeding that would make the individual concerned a relative.

I do not want to omit reminding the one who asked this question that we are obliged to adhere to the Sharee`ah no matter where it leads us, and our desires and emotions should not prevent us from following the truth. The Muslim must remain chaste and avoid all kinds of "love relationships." He must strive to protect himself by marrying in a proper fashion according to Islamic sharee`ah.

Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)


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721: Breast-feeding a child over two years old

Question:

Is it permissible to breast-feed a child over 2 years old? Until what age does breast-feeding make the child a relative (mahram)? Are there any exceptions to this rule?

I am asking because there are many 2 year olds in our area who need families - they need to be "adopted" in the Western sense. I would like to help these children, and expand our ummah, but too avoid hardship, I hope that there is a way that they could become relatives of my son.

Answer:

Breast-feeding a child over two years old will not have the effect of making him a relative (mahram). It is permitted to breast-feed one's own child beyond two years, but two years is enough, as Allah says:

"The mothers shall give suck to their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling . . ."
[al-Baqarah 2:233]

The reply to the rest of this question can be found under Question 804.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)


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