The Laws of Breast-feeding

By Shaykh Saalih al-Fawzaan.

The Most High has said in verification of the unmarriageable women:

"...and your suckling mothers who suckled you and your sisters from suckling..." [An-Nisaa:23]

It is narrated in the two Saheeh collections (Al-Bukhaari and Muslim) that the Prophet, (sallAllaahu 'alayhi wa sallam) said:

"It becomes forbidden by suckling those relations that are forbidden by kinship."

Furthermore, his saying:

"It becomes forbidden by suckling those relations that are forbidden by birth."

Narrated by the group (1).

The meaning of breast-feeding, linguistically, is:  "The suckling of milk from the breast or the drinking of it."

It's definition according to the Sharee'ah is:  "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 breast-feeding is that of those linked by kinship regarding marriage, seclusion, being a mahram (2), and the permissiblity of looking, all of which details are to follow.

These rules are not established except with the fulfillment of two conditions:

The first condition:  That the feedings be five or more due to the hadeeth of 'Aishah, radiAllaahu 'anha, who said:  "It was revealed in the Qur'aan (ten feedings makes forbidden).  Then five feedings were abrogated from that and it became: (five accounted feeding makes forbidden).  So the Messenger of Allaah (salAllaahu 'alayhi wa salam) passed away whilst the affair was 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 ahadeeth concerning the topic of breast-feeding.

The second condition:  That these 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."  [Al-Baqarah:233]

So this verse indicates that the considered feeding is that occuring in the infant's first two years, and also his (sallAllaahu 'alayhi wa salam) saying:

"Relations do not become forbidden by suckling except the suckling that slashes the intestines and occurs before weaning."

At-Tirmidthee said:  "This is Hasan-Saheeh (3)". 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 occuring before weaning.  This 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 breath, to move to 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 refered to.

If the milk reaches inside the infant from 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 breast-feeding because nurishment is attained by this, just like in breast-feeding.  With the condition that his occurs five times.
Breast-feeding 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 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:

"...and your suckling mothers who suckled you..." 

[An-Nisaa:23]

He is not considered 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 by suckling.  Relationship by 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 through marriage or other than that (4).  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, mother, brothers, uncles etc. are also unmarriageable to the suckling infant.

As unmarriageability is established for the suckling infant, it spreads through his decedents, such as children and grandchildren, without affecting his forefathers or brothers and sisters.  This unmarriageability does not spread to those who are higher than him, such as his forefathers, mother, paternal uncles and aunts and maternal uncles and aunts, just as it does not spread to those who are 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 umarriageability.  Hence if two infants drank from an animal, unmarriageability does not spread amongst them.

The scholars have differed in the case of a child who suckled 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 moisture, as the real milk cause the bones and flesh to grow and this doesn't."  The second opinion is that it does spread unmarriageability, and this is the position chosen by Al-Muwaffiq (5) and others.

Un-marriageability due to breast-feeding is established by the testimony of a woman who is commendable concerning her religion.  Shaykhul-Islam (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 breast-feeding are established."

If there is doubt as to whether breast-feeding 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.

Shaykh Saalih ibn Fawzaan Al-Fawzaan

[Malakh'khas al-Fiqhee, 2:345]

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Footnotes:

(1)  The group meaning: Al-Bukhaari, Muslim, Abu Dawood, At-Tirmidhee, An-Nasaaee, Ibn Majah and Ahmed, may Allaah have mercy upon them.

(2)  A Mahram of a women is a male who has reached puberty to whom which her marriage is permanetly forbidden, due to kinship or another permissible reason such as kinship through suckling.

(3)  Hasan Saheeh is a level of authenticity in hadeeth authentication lower than saheeh (sound) but higher than hasan (good).  Its ruling is that it is to be worked by.

(4)  The intended is other legal sexual intercourse, that is the relationship between a master and his slave woman.

(5)  The famous Hanbaly scholar:  Muwaffiq ad-Deen ibn Qudaamah al-Muqdasy, 541 - 620H.  Author of Al-Mughni, Al-Kaafee, Al-Muqne' and many other important works.