Continuation of the reading from al-Nawawi’s commentary on Sahih Muslim, on the chapter concerning the permissibility of ghayl and its definition as intercourse with a nursing woman, and the dislike of 'azl.
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Following the chapter on the prohibition of intercourse with a pregnant captive woman.
The reader: "... with the child, and therefore it is valid".
The Shaykh : In our language, ghayl means strangling; he holds his neck until he suffocates and dies, yes.
The reader: "And therefore it is valid to interpret ghayl in the hadith as referring to either of the two. As for the harm of the first meaning, they said that the water, meaning semen, makes the milk ghayl, that is, it spoils it, and the medical experts are asked about its rationale. As for the second, its harm is apparent and tangible, for the milk of a pregnant woman is a disease and ailment in the child’s belly, and its effect appears on him. The Prophet (peace and blessings be upon him) intended the first meaning in the hadith, not the second, because the first is what requires investigation regarding whether it harms the child, to the extent that the Prophet (peace and blessings be upon him) had to look into the conditions of non-Arabs who practice it. When it became clear that it did not harm their children, he did not prohibit it. As for the second, its harm is known to the Arabs and others to such a degree that it requires no investigation or thought. The Prophet (peace and blessings be upon him) only intended to prohibit ghayl when the Arabs exaggerated in avoiding it and speaking of its harm, to the point that they said it would catch a rider and throw him off his horse. This was narrated as marfu' from the hadith of Asma bint Yazid, who said, "I heard the Messenger of Allah (peace and blessings be upon him) say:Sunan Abi Dawud 3881Da'if (Al-Albani)" Ibn Abi Shaybah mentioned it. Then, when it became established with the Prophet (peace and blessings be upon him) that it did not harm the children of non-Arabs, he equated them in this regard and permitted it. This serves as evidence for those among the usul scholars who said that the Prophet (peace and blessings be upon him) ruled by opinion and ijtihad, as mentioned previously. The questioner’s statement about 'azl, "I fear for her child," means, "I am afraid that if I do not practice 'azl, she will become pregnant and that will harm her child," as mentioned earlier. It is also possible that he fears the spoiling of the milk due to intercourse, as we mentioned just now. His statement (peace and blessings be upon him) Sahih Muslim 1443 is evidence that the default for the human species is equality in nature and creation, even if differences in customs and origins are permissible. It is also evidence for the permissibility of 'azl, as mentioned previously, and Allah the Exalted knows best".
The Shaykh : Yes
The reader: "... with the child, and therefore it is valid".
The Shaykh : In our language, ghayl means strangling; he holds his neck until he suffocates and dies, yes.
The reader: "And therefore it is valid to interpret ghayl in the hadith as referring to either of the two. As for the harm of the first meaning, they said that the water, meaning semen, makes the milk ghayl, that is, it spoils it, and the medical experts are asked about its rationale. As for the second, its harm is apparent and tangible, for the milk of a pregnant woman is a disease and ailment in the child’s belly, and its effect appears on him. The Prophet (peace and blessings be upon him) intended the first meaning in the hadith, not the second, because the first is what requires investigation regarding whether it harms the child, to the extent that the Prophet (peace and blessings be upon him) had to look into the conditions of non-Arabs who practice it. When it became clear that it did not harm their children, he did not prohibit it. As for the second, its harm is known to the Arabs and others to such a degree that it requires no investigation or thought. The Prophet (peace and blessings be upon him) only intended to prohibit ghayl when the Arabs exaggerated in avoiding it and speaking of its harm, to the point that they said it would catch a rider and throw him off his horse. This was narrated as marfu' from the hadith of Asma bint Yazid, who said, "I heard the Messenger of Allah (peace and blessings be upon him) say:
Do not kill your children secretly, for the milk, with which a child is suckled while his mother is pregnant, overtakes the horseman and throws him from his horse.
لا تقتلوا أولادكم سرا فإن الغيل يدرك الفارس فيدعثره عن فرسهIf that were harmful it would harm the Persians and the Greeks.
لو كان ذلك ضارا ضر فارس والرومThe Shaykh : Yes