ISSUES IN   BREASTFEEDING

(Masayil Fi Alrradae)

A paper written by Dr. Abdul Karim Zidan and published in the Iraqi Islamic Education Journal in its third issue from 1396 AH / 1976 CE and printed in a separate pamphlet at the end of the seventies .

Preface

1) One    of the conditions for the contracting and validity of the marriage is that the woman be the object of it, that it is not forbidden for the man to be permanently or temporary, and this sanctity still exists . There are three reasons for the prohibition on abstinence: kinship, intermarriage, and breastfeeding, and my words in this brief research are about breastfeeding without other reasons for the prohibition of life .

2) And    breastfeeding according to the jurists, the arrival of the woman's milk to the throat of the child by weaning the breast of the woman and the absorption of milk from it, or what takes the place of breastfeeding with certain conditions, which we will mention later, if the child was breastfed from a woman who became her son and became a mother to him from breastfeeding and he is forbidden to marry her as it is forbidden for him Marriage to his mother by lineage .

3)   The prohibition constant breastfeeding Aziz Qur'aan and Sunnah and the  consensus of  scholars, either the  book in  which he said came the  Almighty: (deprived you of  your mothers and daughters and sisters and Amatkm and Khalatkm and nieces and daughters sister and mothers who Ordankm and sisters of breastfeeding ).

Mothers and sisters through breastfeeding are forbidden, as are mothers and sisters of lineage . And in the noble Prophet’s Sunnah it was mentioned (It is forbidden from  breastfeeding  children to be    deprived of lineage ).

The jurists were unanimously agreed on the prohibition on breastfeeding, and no one disagreed with the origin of this prohibition, even if they differed in some of its issues and its parts .

4)  If breastfeeding is one of the reasons for the prohibition, then it is necessary or useful for a Muslim to know its conditions, and when it occurs to the forbidden to be aware of that, it does not fall into the forbidden, and this is why I saw it useful, God Almighty willing, to mention some prominent breastfeeding issues on Briefly, without detailing, nor encompassing all the particles of this topic .

The first issue: breastfeeding is forbidden

5)   If breastfeeding is forbidden, what is the reason for the prohibition, then what is the amount of this forbidden breastfeeding ? The jurists differed on that, and their difference can be attributed to two sayings :

The first saying :

The owners of this first view say that   few and many breastfeeding are equal    in the prohibition. This statement was narrated on the authority of Ali bin Abi Talib, Abdullah bin Masoud, Ibn Umar and Ibn Abbas, may God be pleased with them, and it was said by Imam Abu Hanifa and his companions, and Imam Malik and his companions, Al-Thawri, Al-Awza’i, and Al-Layth. One of the narrations from Ahmed Ibn Hanbal, may God Almighty have mercy on them .

The argument for this statement is the words of God Almighty (and your mothers who breastfed you, and your sisters who were breastfed ). And the saying of the Noble Messenger () (Breastfeeding is prohibited from what is forbidden from lineage ).

The second saying :

6)   Prohibition is not proven in any breastfeeding, but rather a   limited amount of it is required  , and the authors of this view differed regarding this limited amount .

So Dawud, Ibn al-Mundhir, and Abu Thawr, may God Almighty have mercy on them, went to the fact that the forbidden form of breastfeeding is three breastfeeding, as for what is less than that is not forbidden, and the argument for this doctrine is the noble hadith (the breastfeeding, two breastfeeding, sucking, or intercourse is not prohibited) and other hadiths mentioned in this sense The inference was directed by these noble hadiths, as they indicated that the three feedings and above are forbidden, and this inference is related to the evidence of the discourse, that is, the concept of contravention .

7)   Others said that the prohibition is only proven by five separate feedings . And this was narrated on the authority of our friend Aisha, Abdullah bin Masoud and Abdullah bin Al-Zubayr, may God be pleased with them . And Ataa, Peacock, Shafi’i, and Ahmad Ibn Hanbal, may God Almighty have mercy on them, is the one approved by the Hanbali school of thought as mentioned by Ibn Qudamah in Al-Mughni . The argument for this statement is the hadith of Aisha, may God be pleased with her, which indicated that breastfeeding is five feedings .

The correct view of the two sayings

8)   What I tend to favor is the saying of those who say that the forbidden is five breastfeedings or more, because the hadith - the hadith of Aisha, may God be pleased with her - stipulated that the forbidden is five feedings, so it is more appropriate to take from the hadith (the breastfeeding or two breastfeeding is not prohibited ...) because The evidence for the discourse and the hadith of Aisha indicated that the forbidden is five feedings, and the text is presented to the evidence for the discourse as stipulated in the Fundamentals of Fiqh . Also, what was invoked by the first saying does not preclude what we have preferred because the Prophet’s Sunnah restricts the entirety of the Noble Qur’an and clarifies what is meant by it, and it has shown that what is meant by forbidden breastfeeding is five feedings . And the Hanafis themselves - may God have mercy on them - and they say that little or great breastfeeding is the same in the prohibition. Outlawed ?

The amount of feed

9)   If the forbidden breastfeeding is five or more times, what is the amount of one breastfeeding ? The reality is that breastfeeding was mentioned in absolute terms in the noble hadiths and did not limit it to a specific amount. Breastfeeding by choice, without offering, that was one breastfeeding, so if he returned to breastfeeding again he was another breastfeeding . Likewise, if breastfeeding was interrupted due to shortness of breath, or to move from breast to breast, or to something that distracts it, then returned to breastfeeding, everyone would have breastfed one as well. His (second) choice is that he considers breastfeeding .

The Hanbalis said about the amount of breastfeeding about what the Shafi’is said .

Snuff and pride

10)   Snuff, according to the jurists, is to pour milk into the child's nose from a vessel or other  object  ,and it is  incriminating to pour milk into the child's throat without absorbing it into the woman's breast . Is snuff and injustice regarded as suckling from the breast of a woman ?

11)   Some jurists have argued that they are not like breastfeeding, because the prohibition occurs through breastfeeding, which is the sucking of the child into the breast of a woman and the arrival of her milk into his stomach by this way, and snuff and debauchery are not called breastfeeding in relation to the prohibition .

12   . The proponents of this statement protested what Abdullah bin Masoud narrated on the authority of the Prophet (There is no breastfeeding except when the bone is spread and the meat is grown). Directly from the breast of a woman, then they must all be equal in ruling, meaning the prohibition .

13)  If snuff and debauchery are like breastfeeding in the ruling, then what is the amount of them related to the prohibition ? Those who say that little and much breastfeeding are equal in the prohibition say that also in snuff and injustice because what is seen is that the milk reaches the inner core of the child through direct absorption from the woman’s breast or by pouring milk, then the baby’s nose or throat, and if the milk reaches the inside of the child even if it is little The prohibition took place .

14)  As for those who require five breastfeeding, they require the same number for snuff and shame, and the point of view is to control this number, which is pouring milk into the child's mouth or nose at five separate times without looking at how the woman's milk is milked or its time at the Hanbalis, and for this if milking The woman's milk was in a single bowl, then poured into the baby's mouth all at once. That was one breastfeeding. Likewise, if the child drinks this combined milk as a dose, it is considered one feeding. According to the Shaafa'is, the point of view is in controlling the number of regular feedings in snuff, and in shame is the milk coming out from the breast of the woman and not pouring it into the child's mouth or nose, and accordingly if the woman's milk was brought into a container at one time and then the child watered this milk in five times, it is considered breastfeeding Only one, not five feedings, unlike Hanbali The most correct is the saying of the Hanbalis, that the consideration should not be by drinking the child or what enters the inside of the woman's milk, not from what comes out of her breast, so if the child drinks milk, one or more consecutive doses are given,Or sucking it from a bottle from which the milk can be sucked, like the one used by some mothers for their children, because all this is considered as one breastfeeding custom, even if that milk was milked from the woman's breast in five times .

The second issue: mixing of milk with others

15)  If a woman's milk is mixed with water or medicine and poured into the child's mouth, is this tainted milk like pure milk in the prohibition ?

Look: If milk was the dominant one and its characteristics remained apparent, pure milk was in the prohibition because what wasmixed with water or medicine did not violate the pigment of milk and its formation as food, but rather it could easily reach throughout the body. The first apparent qualities .

But if the water or medicine is the dominant one and the milk is the defeated that its descriptions are gone, the sanctity of this mixture is not proven by this mixture .

And the Shafi’is said that milk tinged with other than pure milk is like pure milk with which only it is mixed, even if it is poured into a lot of water that has not changed with it and the characteristics of the milk remain with it. The prohibition is proven if the child drinks it and they argue that parts of the milk got into the child's abdomen, so it is like if it was apparent. What is related to the prohibition if it is often attached to it if he is defeated .

16)   The most correct view is the    saying of the Hanafis and Hanbalis when they cited it, and because the prevalence and the attachment of the defeated to nothingness is a basis in the Shariah, it should be considered in the matter of mixing or mixing milk with water or medicine, and because the Sharia - as the Hanafis say - suspends the sanctity in the section of breastfeeding in the sense of nourishment as stated in The honorable hadiths, and if milk tainted with water, if it is - that is, milk - is defeated, it does not get nourished because of the loss of its strength, so it is not sufficient to feed the child, so it is not prohibited .

The third issue: the time for breastfeeding

17)   went the  masses of  scholars from the  predecessor and successor that breastfeeding is forbidden , which is  located in the  role of  childhood and as much as it Baman the  first two of the  child 's  age  and   breastfeeding . If signed after Amyin was not taboo. Among those who said this saying were the Shafi’is, the Hanbalis, Abu Yusuf, Muhammad Sahaba, Abu Hanifa, al-Sha'bi, and al-Awza’i, and this saying was narrated from the honorable Companions, including Omar, Ali, Ibn Masoud, Ibn Omar, Ibn Abbas and others .

The argument for this view is in many ways, (including) the Almighty’s saying: “And mothers breastfeed their children two full years For whoever wants to complete breastfeeding is the rule of full-term breastfeeding after the two breastfeeding. (Including) the  Hadith (but breast - feeding famine ) , and this shows that breastfeeding in childhood is forbidden , as is the one  who pays hunger, and the  verse has  shown that in micro - feeding ends with the  end of  two years , as indicated by  the Hadith (not   suckling   Except what was in the two years ).

18) And the    consideration remains for the two years, which are the time of the forbidden breastfeeding, even if the child wits before they pass or the two years have passed, the prohibition of this breastfeeding is proven because it occurred at its time, and if it was not weaned even if it exceeded the two years and then was breastfed after them before weaning, the prohibition is not proven. No to weaning, because the Sharia evidences indicate that the forbidden breastfeeding took place at a young age that was defined as two years without a connection between whether or not it was weaned .

The fourth issue: doubt about breastfeeding

19)   If there is a doubt about the occurrence of the breastfeeding or in the number of breastfeedings, we took the certainty and cast the doubt because the certainty does not disappear with doubt, which is that certainty regarding the occurrence of the origin of the breastfeeding does not occur, and with regard to the number of breastfeedings is it four or five for example with certainty which is four and we subtracted the fifth Doubtful .

The fifth issue: certification of breastfeeding

20)  Breastfeeding is proven by testimony without disagreement among the jurists, but they differed in its significant quorum, so at the Hanafi school, breastfeeding is not proven by testimony unless it is quorum, and in this chapter there are two men or a man and two women. The testimony of four women because it is testimony to the nakedness, as it is not possible to bear the testimony until after looking at the breast and it is' awrah, so it is accepted that the testimony of the individual is the testimony of the women alone, with four women alone .

The Hanafi woman responds to the Shafi’i argument that breastfeeding is something that men can see in terms of the direction, as the female breastfeeding mahrams can see her breast, and where this is possible in terms of the side, the necessity that called for accepting the testimony of women alone is negated because accepting their testimony is solely for necessity and necessities. This is in contrast to childbirth, as it is not permissible for any of the men to see it, so it was necessary to accept the testimony of women alone, meaning that no man would be with them .

21)   And a group of jurists went that the testimony of a single woman is acceptable in breastfeeding if the witness is satisfactory, and among those who said this statement are Tawoos, Al-Zuhri and Al-Ouzai, which is apparent in the Hanbali doctrine, and there is another narration on the authority of Imam Ahmad bin Hanbal that if the witness is satisfactory, it is recommended .

The argument for accepting the testimony of one woman is what Uqba bin Al-Harith narrated that he married Umm Yahya, the daughter of Abi Ahab, and a black slave woman came and said: I breastfed you, and he said, and I mentioned that to the Prophet ﷺand he turned away from me. His art is a brother from her, and in a narration: Leave it from you

They also invoked what Al-Zuhri and Al-Awza’i narrated that Othman bin Affan, may God be pleased with him, took the testimony of one woman over breastfeeding and ruled accordingly, and the distinction between four men and their women was decided by this testimony . It seems that the adoption of a single woman’s testimony on breastfeeding was a prevalent trend among judges, as the popular imam said: Judges used to differentiate between a man and a woman with the testimony of one woman during breastfeeding .

22)   What   I tend to favor is the saying that a woman's testimony is accepted   One on breastfeeding if it is satisfactory to the noble hadith that we mentioned and to the effects mentioned in that, but if the ruler or the mufti did not take this saying and saw that the condition for accepting testimony on breastfeeding is that it be two men or a man and two women, or two women, or two women, as was narrated from Imam Ahmad bin Hanbal, for that is acceptable, God Almighty willing, because the issue has room for valid jurisprudence and there is no consensus on it, and the honorable hadith, the hadith of Uqba bin Al-Harith that we mentioned is a pretext for accepting the testimony of one woman, this noble hadith is not conclusive in indicating the necessity Taking the testimony of the woman and the occurrence of the prohibition on breastfeeding as a testimony, as some jurists, such as the tap on the precaution and deputation, not as an imperative and obligatory ruling on it, indicates that this interpretation by the Hanafi is permissible and has the aspect of what was mentioned in the noble hadith (so turn away from me) so it may be said that this symptom From the Prophet At the beginning it indicates that taking the testimony of a single woman is not necessary, but rather is a precaution.Likewise, the Prophet’s saying دع (Leave her), meaning leave it, bears precaution and piety, not judgment, as Al-Qastalani said in his explanation of Sahih al-Bukhari .

In conclusion    , it is necessary to take the testimony of a single woman in the case of fatwas and the judiciary   that is inclined to favor it due tothe apparent meaning of the noble hadith, considering the other opinions as valid opinions .

23)   The testimony of breastfeeding must be interpreted, as the Hanbalis say . Because the forbidden breastfeeding differs in people, some of them are deprived of a few and some of them are deprived of a great deal with five or three feeds, and some of them are deprived after the passage of two years of the child's life and some of them are not deprived after the lapse of two years, so the testimony is required to clarify how and when the breastfeeding takes place To judge the ruler with his diligence .

The sixth issue: the extent of the spread of sanctity

24)   We said that breastfeeding is a reason for the life prohibition, but is the sanctity limited to the infant and the breastfeeding woman, or does it go beyond them and apply to others from their relatives and those who are related to them ? The answer to that is that the noble hadith shows (that breastfeeding prohibits that which forbids childbirth), and in light of this hadith and its proverbs, the jurists explain the extent of the spread of the sanctity between the infant and others, and we summarize this as follows :

First  : The infant becomes the son of the breastfeeding woman and her husband and she is his mother through breastfeeding and he is his father through breastfeeding, so it is forbidden for him to marry her because he is his mother through breastfeeding, and it is permissible for him to look at her after becoming a man and travel with her and be alone with her because she is his mother, but all the provisions of motherhood or fatherhood are not proven The second by way of descent . For example, inheritance does not take place between them, and legal maintenance is not required between them, that is, between the infant and his parents through breastfeeding .

Second  : His children - that is, the children of the infant - from both boys and girls are considered children and their children - that is, the children of the children of a nursing woman and her husband - even if their grade is lowered .

Third  : All the children of the breastfeeding woman from her husband and others, and all children of her husband, both from her and from others, are considered brothers of the infant as his sisters .

Fourth  : Children of breastfeeding children are considered children of his brothers and sisters, even if their grade is lowered .

Fifthly  : A nursing mother is considered his grandmother, her father is considered his grandfather, and her brothers consider his uncles, and her sisters are his aunts .

Sixth  : The father of the breastfeeding husband is considered the infant's grandfather, and his mother - i.e. the mother of the father of the nursing husband, his grandmother, his brothers, uncles and sisters, his aunts .

Seventh  : All the relatives of a nursing woman and her husband belong to the infant just as they do to her child by lineage, then looking at what is deprived of lineage depriving his counterpart from breastfeeding .

Eighth  : With regard to the infant, we said that the sanctity is spread to him and his children, even if they go down, but it does not spread to those of his degree from his sisters and brothers, nor to higher than him, such as his father, mother, uncles, aunts, uncles, aunts, aunts, grandparents, and grandmothers. The husband of a nursing woman must marry the mother of the infant from the proportion, his aunt, his aunt, or his sister from the lineage .

Ninth  : It is permissible for the children of a breastfeeding woman and the children of her husband to marry the brothers and sisters of the infant by lineage because they have neither breastfeeding nor lineage .

25)   In light of the foregoing, he knows what is forbidden for the reason for breastfeeding, and what is not forbidden for it, even if he thinks it is forbidden at first glance .

The wisdom in the prohibition because of breastfeeding

26) The    wisdom of the prohibition on breastfeeding is that the infant should be with his blood or part of it with milk from the breastfeeding woman. Milk is a part of it, as if by this breastfeeding, it became like her relative child, part of it, and for this the noble hadiths indicate that forbidden breastfeeding is that which is in infancy and in order to achieve rulings and to suppress the child's hunger and to fix his flesh and harden his bone. This is from the material point of view that the hadiths referred to, and there is something intangible that called for a prohibition, because breastfeeding is one of the greatest aspects of motherhood and the mother has the right to honor and reverence. If this appearance is found when a child is breastfeeding a child who is not a relative breastfeeding child, then this deserves to make the infant like the relative son of the breastfeeding woman in terms of honor, reverence and the sanctity of marriage with her, then this applies to those who are related to her and him as mentioned above .

And what is evidenced by this intangible thing is what some jurists said that breastfeeding an adult is forbidden like breastfeeding a young child. It is well-known that breastfeeding an adult does not support his flesh and does not shave his bones because he finds his sufficiency without breastfeeding, and God Almighty knows best .

  May Allah's blessings and peace be upon our master Muhammad, his family and companions.