Fath al-Rabbani

Benefits: … This is a very important issue and requires careful consideration. Sayyiduna Abu Hudhayfah radi Allahu anhu had adopted Sayyiduna Salim radi Allahu anhu as his son (mutabanna, i.e., a son by declaration), and he used to come and go in the house like a real son. When the ruling was revealed that adopted sons are not like real sons and that the rulings pertaining to real sons do not apply to them, then veiling (hijab) became obligatory from him. The Prophet sallallahu alayhi wa sallam resolved their difficulty in this way: the wife of Sayyiduna Abu Hudhayfah radi Allahu anhu, Sayyidah Sahla radi Allahu anha, was instructed to breastfeed Sayyiduna Salim radi Allahu anhu five times.

Sayyidah Aisha radi Allahu anha held the view that where there is a need, this concession can be acted upon, whereas the other Mothers of the Believers did not agree with her view.

If we look at the verbal and general statements of the Prophet sallallahu alayhi wa sallam regarding breastfeeding (radā‘ah), then in them, the age of infancy—that is, the period of breastfeeding—has been considered valid and conditional. In fact, in the first hadith of the next chapter, the Prophet sallallahu alayhi wa sallam has rejected breastfeeding after the period of breastfeeding.

The majority of the Companions understood this concession to be specific to Sayyiduna Salim radi Allahu anhu, but Sayyidah Aisha radi Allahu anha’s position was that in cases of extreme necessity, this concession can be availed. According to Imam Ibn Taymiyyah and Imam Shawkani and others, there is also room to act upon this concession.

However, our view is that of the Mothers of the Believers and the majority of the Companions. There are two reasons supporting this opinion:

(1) Now the rulings regarding adopted and declared sons have been clarified, that they have no reality in the Shariah. Therefore, the necessity that arose in the house of Sayyiduna Hudhayfah radi Allahu anhu can no longer arise. Now, whoever gives the rulings of a real son to an adopted son is already committing unlawful acts; what further concession can be given to him?

(2) The general laws and statements of the Prophet sallallahu alayhi wa sallam regarding breastfeeding, in some of which it has been considered invalid to breastfeed after the period of breastfeeding.

Whoever holds the view of Sayyidah Aisha radi Allahu anha should, as a precaution, not act upon it, because there is a possibility that this was specific to Sayyiduna Salim radi Allahu anhu. Although there is no evidence for this specificity, there is certainly a tendency towards it, and it is more cautious. And Allah knows best what is correct.

It is not necessary that this issue only arises in relation to adopted children. Sometimes it can arise in other situations as well. A woman, under certain circumstances, feeds and looks after a child in his infancy; he comes and goes to her without hesitation. Later, when he grows up, it becomes difficult to observe hijab from him, so the situation of Salim and Sahla may arise for her. In such circumstances, according to the view of Aisha radi Allahu anha, a concession can be availed, the basis of which is a Prophetic hadith. (Abdullah Rafiq)

A matter cannot be established merely on the basis of possibility. For specificity, evidence is required; general evidences will not prohibit this specific case. Rather, under the circumstances, this specific case will be considered an exception. (Abdullah Rafiq)

How much breastfeeding establishes prohibition (mahram relationship)?

In the ahadith of the next chapter, two matters are mentioned: (1) The period of breastfeeding (radā‘ah) is two years; for the establishment of breastfeeding, it is necessary to breastfeed within this period, and (2) Breastfeeding once or twice does not establish the prohibition.

On this subject, the narration of Sayyidah Aisha radi Allahu anha is detailed. She says: “Among what was revealed in the Qur’an was that ten known breastfeedings establish prohibition, then this was abrogated by five known breastfeedings, and the Messenger of Allah sallallahu alayhi wa sallam passed away while this was still being recited as part of the Qur’an.” (Sahih Muslim: 1452)

The meaning of “being recited in the Qur’an” is that the ruling of five breastfeedings was revealed in the very last period, and until the death of the Prophet sallallahu alayhi wa sallam, not everyone knew that its recitation had been abrogated. Therefore, some Companions continued to recite it as Qur’an for a while. Gradually, everyone came to know, and then all stopped reciting it, but the ruling remained.

From this hadith, it is understood that when a child breastfeeds from someone five times, then the prohibition (mahram relationship) is established. The fact that breastfeeding once or twice does not establish prohibition is a beauty of Islam.

Now, what constitutes one breastfeeding? The explanation is that when a child takes the mother’s breast into his mouth and suckles, and then, without any hindrance, leaves the breast of his own accord, this is counted as one breastfeeding (rad‘ah). When the child breastfeeds in this manner five times, then the prohibition (mahram relationship) is established.