Is it obligatory for the husband to pay a fee for the breastfeeding of his child?
Machine translationRead the Arabic original
The questioner : So here it is four thousand, O Shaykh. This is for residence, meaning in a country where one is satisfied with what one is given.
The Shaykh : What does she sell?
The questioner : Custom has established that the woman breastfeeds for a fee, meaning even some women agree to this.
The Shaykh : No, if she is his wife, she has no fee.
The questioner : It is shameful, O Shaykh, for the husband in the first place.
The Shaykh : If she is a wife, the default is this, as I told you during the explanation. This applies to divorced women who are no longer in the waiting period, yes.
The questioner : From here, O Shaykh, vent your frustration.
The Shaykh : Go ahead, express yourself.
The questioner : But the legal ruling is based on...
The Shaykh : In any case, if custom has become a consistent practice, then she has the right. She has the right to the fee, meaning if she wishes, she takes the fee, and if she wishes, she does not take it.
The questioner : Meaning, this was not included in the contract originally, according to the verse.
The Shaykh : The default is the verse. But if there is a consistent custom like a stipulated condition, it is acted upon. Because if she stipulated, for example, or he stipulated and said, "I want you to breastfeed my child without a fee," and she said, "I have no objection," and it was known, then there is no harm, because the right belongs to him.
The questioner : Originally, without a stipulation.
The Shaykh : The default in the Shari'ah is that she has the right to the fee.
The Shaykh : What does she sell?
The questioner : Custom has established that the woman breastfeeds for a fee, meaning even some women agree to this.
The Shaykh : No, if she is his wife, she has no fee.
The questioner : It is shameful, O Shaykh, for the husband in the first place.
The Shaykh : If she is a wife, the default is this, as I told you during the explanation. This applies to divorced women who are no longer in the waiting period, yes.
The questioner : From here, O Shaykh, vent your frustration.
The Shaykh : Go ahead, express yourself.
The questioner : But the legal ruling is based on...
The Shaykh : In any case, if custom has become a consistent practice, then she has the right. She has the right to the fee, meaning if she wishes, she takes the fee, and if she wishes, she does not take it.
The questioner : Meaning, this was not included in the contract originally, according to the verse.
The Shaykh : The default is the verse. But if there is a consistent custom like a stipulated condition, it is acted upon. Because if she stipulated, for example, or he stipulated and said, "I want you to breastfeed my child without a fee," and she said, "I have no objection," and it was known, then there is no harm, because the right belongs to him.
The questioner : Originally, without a stipulation.
The Shaykh : The default in the Shari'ah is that she has the right to the fee.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2195 - 4600 هل يجب على الزوج أن يعطي أجرة على رضاع ولده؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.