The Nature of Prohibited Breastfeeding and How It Is Established
Machine translationRead the Arabic original
Question:
A listener sent a long message in which the sender, Umm Khalid, speaks about herself and says: “Your Eminence, I am a woman living in the city of Dammam. I had a neighbor fifteen years ago, and this neighbor had young sons. Whenever she wanted to go somewhere, she would bring her child to me, and I would breastfeed him. This child has become my son, and I am certain of his legal breastfeeding relationship with me. However, what confuses me is that she had another child whom she used to leave with me a year after I breastfed the first one, and I have forgotten whether I breastfed that child or not. It is known that the grandmother of this child told the child’s maternal aunt that I am the mother of these two children. So, is the second child considered my son, and is the testimony of one woman sufficient in the matter of breastfeeding? Please inform us, may Allah reward you with good.”
Answer:
As for the first child, whom you know you breastfed, he becomes your son if you remember that you breastfed him five times or more, meaning five breastfeedings. He becomes your son, and he becomes a brother to your children. Your brothers become his maternal uncles, and your sisters become his maternal aunts. This is based on the saying of the Prophet (peace and blessings be upon him) to some women: And because it is established from Aisha (may Allah be pleased with her) that she said: Sahih Muslim 1452a, and in the other narration: .
Therefore, what is obligatory in such a case is to be careful and attentive, and not to be lax. If you remember, as you said, that you breastfed the first one five times or more, then he becomes your son.
As for the second one, whose mother used to leave him with you, but you do not know that you breastfed him, he does not become your son unless a trustworthy woman testifies, whether she is his maternal aunt or someone else. If the witness is a trustworthy woman known for her justice, religion, and precision, and she testifies that she saw you breastfeed him five times or more, that she saw you do so, then this is considered, and her testimony is valid, and he becomes your son as well.
A just woman’s testimony is accepted in matters of breastfeeding. It is established from him (peace and blessings be upon him): and he was content with the testimony of one woman. These are matters pertaining to women. If one just woman, or one just man, or more than that, testifies to breastfeeding five times or more within the two-year period, meaning while the child is within the two-year period, then the breastfeeding is established according to the most correct opinion of the scholars.
The presenter: May Allah reward you with good. So, if the maternal aunt of this child is a just woman, is her testimony accepted that he is her son?
The Shaykh: If she witnessed the breastfeeding, it is not mere suspicion. No. It must be that she witnessed the breastfeeding; she saw the woman when she breastfed him five times. But his mother forgot, and the wet nurse forgot. As for this one, if she remembers with certainty, her testimony is acted upon if she is trustworthy and just.
The presenter: May Allah reward you with good.
A listener sent a long message in which the sender, Umm Khalid, speaks about herself and says: “Your Eminence, I am a woman living in the city of Dammam. I had a neighbor fifteen years ago, and this neighbor had young sons. Whenever she wanted to go somewhere, she would bring her child to me, and I would breastfeed him. This child has become my son, and I am certain of his legal breastfeeding relationship with me. However, what confuses me is that she had another child whom she used to leave with me a year after I breastfed the first one, and I have forgotten whether I breastfed that child or not. It is known that the grandmother of this child told the child’s maternal aunt that I am the mother of these two children. So, is the second child considered my son, and is the testimony of one woman sufficient in the matter of breastfeeding? Please inform us, may Allah reward you with good.”
Answer:
As for the first child, whom you know you breastfed, he becomes your son if you remember that you breastfed him five times or more, meaning five breastfeedings. He becomes your son, and he becomes a brother to your children. Your brothers become his maternal uncles, and your sisters become his maternal aunts. This is based on the saying of the Prophet (peace and blessings be upon him) to some women:
Breastfeed him five breastfeeds, and you will be prohibited to him
أرضعيه خمس رضعات تحرمي عليهit had been revealed in the Holy Qur'an that ten clear sucklings make the marriage unlawful, then it was abrogated (and substituted) by five sucklings and Allah's Apostle (ﷺ) died and it was before that time (found) in the Holy Qur'an (and recited by the Muslims).
كان فيما أنزل من القرآن عشر رضعات معلومات يحرمن، ثم نسخن بخمس معلومات توفي رسول الله ﷺ وهي فيما يقرأ من القرآنThe Prophet (peace and blessings be upon him) passed away while the matter was still as it was.
فتوفي النبي ﷺ والأمر على ذلكTherefore, what is obligatory in such a case is to be careful and attentive, and not to be lax. If you remember, as you said, that you breastfed the first one five times or more, then he becomes your son.
As for the second one, whose mother used to leave him with you, but you do not know that you breastfed him, he does not become your son unless a trustworthy woman testifies, whether she is his maternal aunt or someone else. If the witness is a trustworthy woman known for her justice, religion, and precision, and she testifies that she saw you breastfeed him five times or more, that she saw you do so, then this is considered, and her testimony is valid, and he becomes your son as well.
A just woman’s testimony is accepted in matters of breastfeeding. It is established from him (peace and blessings be upon him):
That 'Uqbah ibn al-Harith married a woman called the daughter of Abi Ihab, and a woman testified that she had breastfed both of them, so the Prophet (peace and blessings be upon him) ordered him to leave her and separate from her.
أن عقبة بن الحارث تزوج امرأة يقال لها بنت أبي إهاب، فشهدت امرأة أنها أرضعتهما، فأمره النبي ﷺ أن يدعها وأن يفارقهاThe presenter: May Allah reward you with good. So, if the maternal aunt of this child is a just woman, is her testimony accepted that he is her son?
The Shaykh: If she witnessed the breastfeeding, it is not mere suspicion. No. It must be that she witnessed the breastfeeding; she saw the woman when she breastfed him five times. But his mother forgot, and the wet nurse forgot. As for this one, if she remembers with certainty, her testimony is acted upon if she is trustworthy and just.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.