Prohibition of Land by Gift and the Limits of Prohibitive Breastfeeding
Machine translationRead the Arabic original
The questioner:
Shaykh, may Allah be pleased with you. I have two questions. The first question, may you live long: I have a piece of land, and I gifted it to my brother and said, “It is forbidden for me,” just as my children are forbidden to me, meaning it is no longer lawful for me. The second question: My daughter breastfed her brother from her mother. Is that permissible or not?
The presenter:
Well, please, O Shaykh.
The Shaykh:
Yes. If you said, “The land is forbidden for me,” and gave it to your brother, and said, “It is forbidden for you,” then if your brother took possession of it and accepted it, it is not permissible for you to take it back.Sahih Muslim 1622g. However, if he returned it to you willingly, and you had sworn that you would not take it, you must expiate the oath. That is feeding ten poor people, or clothing them, or freeing a slave. Then you may take it, and there is no harm. Yes.
The presenter:
His other question is about his daughter breastfeeding her brother from her mother.
The Shaykh:
Yes, he would be her brother by blood and her brother by breastfeeding. Yes.
The presenter:
What are the limits of prohibitive breastfeeding, Shaykh?
The Shaykh:
The limits of prohibitive breastfeeding are five suckles, meaning five breastfeedings, where milk is drawn for each suckle, and this must occur within the two-year period, meaning within the two years.[Al-Baqarah 2:233] The Prophet (peace and blessings be upon him) said, Sahih al-Bukhari 2647 and he said, As-Sunan al-Kubra lil-Nasa'i 30:154 Bulugh al-Maram 8:197. So the conditions for breastfeeding are that it be five breastfeedings, meaning five suckles, that it be within the two-year period, or that it be from hunger, meaning the child does not eat food but is nourished only by milk. This is what is prohibited. Yes.
The presenter:
And if, may Allah preserve you, the breastfeeding is not done directly, but by placing it in a container and then feeding it from there, or by other means.
The Shaykh:
It is all the same. Whether he suckles directly, drinks from a container, or from a bottle, it is all the same. Yes.
The presenter:
Yes, may Allah bless you.
Shaykh, may Allah be pleased with you. I have two questions. The first question, may you live long: I have a piece of land, and I gifted it to my brother and said, “It is forbidden for me,” just as my children are forbidden to me, meaning it is no longer lawful for me. The second question: My daughter breastfed her brother from her mother. Is that permissible or not?
The presenter:
Well, please, O Shaykh.
The Shaykh:
Yes. If you said, “The land is forbidden for me,” and gave it to your brother, and said, “It is forbidden for you,” then if your brother took possession of it and accepted it, it is not permissible for you to take it back.
One who gets back his gift is like a dog which vomits and then swallows that vomit.
العائد في هبته كالكلب يقيء ثم يعود في قيئهThe presenter:
His other question is about his daughter breastfeeding her brother from her mother.
The Shaykh:
Yes, he would be her brother by blood and her brother by breastfeeding. Yes.
The presenter:
What are the limits of prohibitive breastfeeding, Shaykh?
The Shaykh:
The limits of prohibitive breastfeeding are five suckles, meaning five breastfeedings, where milk is drawn for each suckle, and this must occur within the two-year period, meaning within the two years.
Mothers may breastfeed their children two complete years
وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِas fostership is only valid if it takes place in the suckling period (before two years of age).
إنما الرضاعة من المجاعةBreastfeeding is only that which opens the intestines
إنما الرضاع ما فتق الأمعاءthat which reaches the intestines (i.e. nourishes the child), and is taken before (two years) time of weaning
ما فتق الأمعاء وكان قبل الفطامThe presenter:
And if, may Allah preserve you, the breastfeeding is not done directly, but by placing it in a container and then feeding it from there, or by other means.
The Shaykh:
It is all the same. Whether he suckles directly, drinks from a container, or from a bottle, it is all the same. Yes.
The presenter:
Yes, may Allah bless you.
Source
قناة «مؤسسة الدعوة الخيرية»، فتاوى على الهواء 18-12-1434هـ - الفوزان — youtube.com (53:10)
The Arabic text is a machine transcription of the audio recording.