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الفتح الربانی
Fath al-Rabbani
بيان موانع النكاحExplanation of Impediments to Marriage
بَابُ مَنْ تَجُوزُ شَهَادَتْهُ فِي الرَّضَاعَةِChapter: Whose Testimony Is Accepted in Breastfeeding
Hadith 6981
اُردوEn
(وَعَنْهُ مِنْ طَرِيقٍ ثَانٍ) قَالَ حَدَّثَنِي عُقْبَةُ بْنُ الْحَارِثِ أَوْ سَمِعْتُهُ مِنْهُ أَنَّهُ تَزَوَّجَ أُمَّ يَحْيَى ابْنَةَ أَبِي إِهَابٍ فَجَاءَتِ امْرَأَةٌ سَوْدَاءُ فَقَالَتْ قَدْ أَرْضَعْتُكُمَا فَذَكَرْتُ ذَلِكَ لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فَأَعْرَضَ عَنِّي فَتَنَحَّيْتُ فَذَكَرْتُهُ لَهُ فَقَالَ فَكَيْفَ وَقَدْ زَعَمَتْ أَنْ قَدْ أَرْضَعَتْكُمَا وَفِي لَفْظٍ فَكَيْفَ وَقَدْ قِيلَ فَنَهَاهُ عَنْهَا
. (Second chain) It is narrated from Sayyiduna Uqbah bin Harith (may Allah be pleased with him) that he married Umm Yahya bint Abi Ihab, but a black woman came and said: I have suckled both of you. Then when I mentioned this to the Messenger of Allah (peace and blessings be upon him), he turned away from me. I also turned to that side and then informed the Messenger of Allah (peace and blessings be upon him) of this matter. The Messenger of Allah (peace and blessings be upon him) said: What can be done now, when she thinks that she has suckled both of you? In another narration: What can be done now, when the matter of suckling has been mentioned?
Brief Explanation
Benefits: … This hadith establishes that the testimony of a wet nurse (one who breastfeeds) will be accepted and acting upon it will become obligatory, except in cases where there are such indications that clearly point to the wet nurse being untruthful—for example, if during the period of breastfeeding, the child and this woman were never present together in the same locality.
Breastfeeding (ridā‘ah) is a concealed matter; witnesses are not possible for it, nor are witnesses appointed in such situations. Therefore, demanding testimony regarding breastfeeding is futile; the statement of the wet nurse will be considered reliable, just as in the case of birth, the statement of the midwife is considered reliable and witnesses are not demanded from her. To make testimony necessary in such cases would be tantamount to rejecting many certain matters. For this reason, the Messenger of Allah (sallallahu alayhi wa sallam) ordered the annulment of this marriage.
Imam Abu Hanifah has stipulated the testimony of two men and two women in this regard, but this restriction is not established from the aforementioned blessed hadith.
Breastfeeding (ridā‘ah) is a concealed matter; witnesses are not possible for it, nor are witnesses appointed in such situations. Therefore, demanding testimony regarding breastfeeding is futile; the statement of the wet nurse will be considered reliable, just as in the case of birth, the statement of the midwife is considered reliable and witnesses are not demanded from her. To make testimony necessary in such cases would be tantamount to rejecting many certain matters. For this reason, the Messenger of Allah (sallallahu alayhi wa sallam) ordered the annulment of this marriage.
Imam Abu Hanifah has stipulated the testimony of two men and two women in this regard, but this restriction is not established from the aforementioned blessed hadith.
