Question:
Assalamualaikum SS Dato’ Seri Mufti. I am a mother who breastfeeds her child and works as a doctor. So, ever since I’m in my post-delivery term, I have started to store my milk in the freezer. I am planning to give some of it to my close friends who have children in need of breast milk. I want to ask Dato Mufti regarding the implications of feeding another’s child. Does it affect the nasab (lineage) and division of inheritance and others relates to it?
Answer:
Waalaikumussalam wrm. wbt.
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Definition and Ruling of Breastfeeding (al-Rada’)
Al-Rada’ (Breastfeeding): The act of a woman breastfeeding a baby fulfilling certain conditions. (See al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah, 22/238)
According to the author of al-Fiqh al-Manhaji, breastfeeding is the act of feeding a woman’s milk into a baby’ stomach. (See al-Fiqh al- Manhaji, 3/119)
The Ruling of Breastfeeding
The jurists (fuqaha’) agreed that breastfeeding a baby is obligatory if there is a necessity for it in the duration of feeding (two years old). (See al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah, 22/239)
Allah SWT state:
وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَىٰ
“But if you are in discord, then there may breastfeed for the father another woman.”
Surah al-Talaq (6)
Furthermore, there is an opinion among contemporary scholars who state that it is makruh (undesirable) to breastfeed another’s child if it is not a necessity. This is stated in al-Fiqh al-Manhaji: “Contemporary fiqh scholars state that it is makruh (undesirable) for a woman to breastfeed a child who is not hers if it is not a necessity.” (See al-Fiqh al-Manhaji, 4/212)
According to syarak, it is permissible for a woman to breastfeed a baby who is not hers. Hence, for a wife she must first obtain the permission from her husband and father of the baby.
This is as stated in al-Mausuah al-Fiqhiyyah, “If a woman is breastfeeding a baby who is not hers, she must first obtain the permission of her husband.” (See al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah, 3/157)
The Implications of Breastfeeding
Milk child will be a mahram (prohibited to be married) if the conditions of breastfeeding are fulfilled, which includes that the child must not be over 2 years old and the milk child must be fed until full for five separate times. Hence, the implication of the nursing between the milk child with the woman and her husband falls under two basic rulings:
- They are prohibited from marrying each other (milk parents and their descendants)
- Permissible for the milk child to see (what has been prohibited for other ajnabi) the milk mother and her offspring and it is permissible for them to live together.
(See al-Mu’tamad fi Fiqh al-Syafi’e, 4/326)
Furthermore, breastfeeding does not affect the rulings of nasab (lineage) other than stated above as stated in al-Mausu’ah al-Fiqhiyyah, “As for the matters pertaining the rulings of nasab such as division of inheritance, nafaqah (sustenance), freeing a slave, abrogation of the rulings for qisas and others are not affected by breastfeeding. And this has been agreed by the scholars.” (See al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah, 22/241)
Conclusion
According to the above evidences and discussion, the original ruling of breastfeeding another’s child is permissible. However, a wife must first discuss it with her husband. This is what has been advised in the Quran where Allah SWT state:
فَإِنْ أَرْضَعْنَ لَكُمْ فَآتُوهُنَّ أُجُورَهُنَّ ۖوَأْتَمِرُوا بَيْنَكُم بِمَعْرُوفٍ ۖ وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَىٰ
“And if they breastfeed for you, then give them their payment and confer among yourselves in the acceptable way; but if you are in discord, then there may breastfeed for the father another woman.”
Surah al-Talaq (6)
Regarding the implications related to breastfeeding on nasab (lineage) are only related to the two basic rulings as stated above:
- They are prohibited from marrying each other (milk parents and their descendants)
- Permissible for the milk child to see (what has been prohibited for other ajnabi) the milk mother and her offspring and it is permissible for them to live together.
(See al-Mu’tamad fi Fiqh al-Syafi’e, 4/326)
Hence, breastfeeding does not affect the matters pertaining to the rulings of nasab (lineage) such as division of inheritance, nafaqah (sustenance) and others. This is as stated by Syeikh Muhammad Zuhaili in his book:
“The rulings of nasab (lineage) such as the division of inheritance, nafaqah (sustenance), wali, custody right and others matters related to it is not applicable for a milk child.” (See al-Mu’tamad fi al-Fiqh al-Syafi’e, 4/327)
Moreover, it is best to record the number of feedings and the conditions of it as an initiative to prevent any mixing of nasab and lineage.
Also refer to other related articles:
BAYAN LINNAS SERIES-70: ISSUES RELATED TO MILK MOTHER & VARIOUS RULINGS (NURSING CARD OR CERTIFICATE)
IRSYAD AL-FATWA 53: THE RULING OF BREASTFEEDING BY A MAIDEN
AL-KAFI #1260: THE RULING OF A WIFE ENLISTING A WET NURSE WITHOUT THE KNOWLEDGE OF HER HUSBAND
AL-KAFI # 510: RULINGS RELATED TO MILK BANK
AL-KAFI #1311: THE RULING OF A MILK BROTHER BECOMING THE WALI FOR HIS MILK SIBLINGS
May Allah SWT give us understanding in His religion and the ability to practise it the best we could in accordance with syarak. Amiin.