Bulugh al-Maram

Takhrij:
«أخرجه البخاري، النكاح، باب شهادة المرضعة، حديث:5104.»©Explanation: © Hadith Narrator:
«حضرت عقبہ بن حارث رضی اللہ عنہ » Abu Suru’ah (‘Seen’ with kasrah below, ‘Ra’ is sakin, and ‘Waw’ with fathah).
Uqbah bin Harith bin Amir bin Nawfal bin Abd Manaf al-Makki.
He is a well-known Companion (Sahabi).
He was among those who accepted Islam at the time of the Conquest of Makkah.
He remained alive after the year fifty Hijri.
Clarification: «ام یحییٰ» Her name is Ghaniyyah.
(‘Ghain’ with fathah, ‘Noon’ with kasrah below, and ‘Ya’ with shaddah.)
Ghaniyyah bint Abi Ahab bin Uwayr at-Tamimi.
And according to another opinion, her name was Zaynab.

Explanation:
‘Uqbah bin Harith, out of caution, separated from her because when doubt arises, it is better to avoid that which is doubtful. The purpose of ‘Uqbah’s journey to Madinah to seek a ruling on the matter is precisely the objective of the chapter heading. On this basis, the journeys undertaken by the hadith scholars in pursuit of hadith are unparalleled journeys for the sake of seeking knowledge. The Prophet (sallallahu alayhi wa sallam), out of caution, caused ‘Uqbah’s separation. From this, it is established that the aspect of caution should, in any case, be given precedence. It is also established that fosterage (radā‘) is proven solely by the testimony of the wet nurse (murdi‘ah).

Hadith Commentary:
➊
From this it is understood that if a situation arises for which the ruling is not known, then it is necessary to seek out the Islamic legal ruling regarding it, and to travel for this purpose if needed. Acting merely according to one’s own opinion is not correct.
➋
This hadith clarifies those doubts from which abstention has been advised.
This means that when there is doubt regarding something, it is better to avoid it.
The aspect of caution should, in any case, be given precedence.
Some scholars have raised the discussion here regarding fatwa (legal verdict) and taqwa (piety), that is, the fatwa is that separation between husband and wife should not be effected based on the testimony of a single woman, but taqwa demands that they should no longer live together. However, the Messenger of Allah (sallallahu alayhi wa sallam) issued the fatwa of separation based on the testimony of one woman.
Its complete explanation will come in the Book of Suckling (Kitab al-Rada‘ah).
➌
The woman whom ‘Uqbah bin Harith (radi Allahu anhu) had married was named Umm Yahya Ghaniyyah, who was the daughter of Abu Ihab bin ‘Aziz. After the separation, she married Zurayb bin Harith. The name of the woman who testified regarding the suckling (radā‘ah) could not be ascertained.
(Fath al-Bari: 1/244)

Hadith Commentary:
The translation of the chapter is established in this way: the statement of ‘Uqbah and his wife’s relative was in negation, while the statement of the nursing woman was in affirmation.
The Messenger of Allah (sallallahu alayhi wa sallam) accepted the testimony of that woman.
It is understood from this that, in testimony, affirmation takes precedence over negation.

Hadith Commentary:
(1)
According to this hadith, the woman who breastfed (the child) established the occurrence of suckling (rada‘ah), but the family of ‘Uqbah ibn al-Harith radi Allahu anhu and his wife denied it. When the matter was brought before the Messenger of Allah sallallahu alayhi wa sallam, he accepted the statement of this woman and ordered ‘Uqbah ibn al-Harith radi Allahu anhu to separate from his wife.

(2)
Whether this ruling was obligatory or based on precaution and piety, in any case, the Messenger of Allah sallallahu alayhi wa sallam accepted the testimony of this woman. It is understood from this that, in the case of testimony, affirmation takes precedence over denial.

(3)
We will discuss other issues and rulings related to milk (suckling) in the upcoming Book of Marriage (Kitab al-Nikah). It is also understood that wherever there is a matter of permissibility and prohibition, precaution demands that one should choose that which is free from doubt and abandon that which gives rise to doubt. In the mentioned incident, precaution required that ‘Uqbah ibn al-Harith radi Allahu anhu should leave his wife. And Allah knows best.

Hadith Commentary:
In this hadith, it is mentioned that the testimony of a slave-girl was accepted by the Messenger of Allah (sallallahu alayhi wa sallam), and on the basis of her testimony, a separation was effected between a Companion, Uqbah bin Harith (radi Allahu anhu), and his wife. It is thus understood that the testimony of slave-girls and slaves can be accepted. The statement of those who oppose this is not correct.

Hadith Commentary:
According to this hadith, the Messenger of Allah (sallallahu alayhi wa sallam) accepted the testimony of a slave woman, and then, based on this testimony, separated between Uqbah bin Harith (radi Allahu anhu) and his wife Umm Yahya.
It is understood from this that if the testimony of a slave woman were not acceptable, it would not have been acted upon.
And Allah knows best.

Hadith Commentary:
It is understood that regarding suckling (ridā‘), the testimony of a single woman who is the wet nurse (murdi‘ah) is sufficient, as is evident from this hadith. From this, the validity of the testimony of the wet nurse (murdi‘ah) is also established.

Hadith Commentary:
According to this hadith, in matters related to milk-suckling (radā‘ah), the testimony of a single woman who nursed is sufficient. The Messenger of Allah (sallallahu alayhi wa sallam) considered this testimony sufficient and separated the husband and wife; thus, on the basis of this testimony, ‘Uqbah bin al-Harith (radi Allahu anhu) had to end the marital relationship.

In the narration of Sunan al-Daraqutni, the Messenger of Allah (sallallahu alayhi wa sallam) said:
"Separate from this woman, for there is no good or blessing for you in her."
(Sunan al-Daraqutni: 162/2)

In another narration:
When ‘Uqbah bin al-Harith (radi Allahu anhu) separated from her, she married another man.
(Sahih al-Bukhari, al-Shahadat, Hadith: 2640, and Fath al-Bari: 332/5)

And Allah knows best.

Hadith Commentary:
At this occasion, the Prophet sallallahu alayhi wa sallam’s gesture was mentioned.
He (the narrator) conveyed the gesture of the Prophet sallallahu alayhi wa sallam: the Prophet sallallahu alayhi wa sallam indicated with his fingers as well as verbally said to leave this woman. Those people who claim that suckling (radā‘ah) is not established solely by the testimony of the wet nurse (murdhi‘ah) say that the Prophet sallallahu alayhi wa sallam gave this ruling out of precaution.
However, saying this is not correct; this is a matter of lawful and unlawful (halal and haram). The Prophet sallallahu alayhi wa sallam accepted this testimony and separated the woman; this is what is correct.

Hadith Commentary:
(1)
On this occasion, the Messenger of Allah (sallallahu alayhi wa sallam) also said verbally:
Separate yourself from this woman, and he also indicated separation with a gesture of his fingers.

(2)
Some scholars are of the opinion that the testimony of only one woman will not be accepted in the matter of breastfeeding (radā‘ah).
They respond to this hadith by saying that the Messenger of Allah (sallallahu alayhi wa sallam) gave this ruling as a precaution, but saying so is not correct.
In matters of lawful and unlawful, he accepted the testimony of one woman and gave this ruling.
In any case, the position of Imam Bukhari rahimahullah is that in matters of breastfeeding (radā‘ah), the testimony of only one woman is valid, as is clearly understood from this hadith.
And Allah knows best.

(3)
The woman whom ‘Uqbah bin Harith married was the daughter of Abu Ihab bin ‘Aziz at-Tamimi.
When the black woman informed about having breastfed, ‘Uqbah radi Allahu anhu said:
We have no knowledge of this, nor did you inform us of this before. Then he inquired from his in-laws, and they also said that they were completely unaware of this matter. Then he traveled to Madinah Tayyibah in order to ask the Messenger of Allah (sallallahu alayhi wa sallam) about it.
Eventually, he separated from her, and she married another man.
(Sahih al-Bukhari, al-Shahadat, Hadith: 2640)
It should be noted that Imam Bukhari rahimahullah has also established a chapter with these very words in the Book of Testimonies (Kitab al-Shahadat).

Hadith Commentary:
In the narration of Tirmidhi, it is mentioned: I said, "O Messenger of Allah! She is lying." The Prophet (sallallahu alayhi wa sallam) turned his face away. Then I came before his face and said, "O Messenger of Allah! She is lying."
The Prophet (sallallahu alayhi wa sallam) said, "How can you keep this woman now, when it is being said that one woman has breastfed both of you?"
This hadith has already been mentioned above in the Book of Knowledge.
Here, Imam Bukhari (rahimahullah) has brought it for the reason that, although according to most scholars, the establishment of fosterage (ridā‘) cannot be proven by the testimony of just one woman, nevertheless, doubt does arise, and the Prophet (sallallahu alayhi wa sallam), on the basis of doubt, advised ‘Uqbah (radi Allahu anhu) to leave that woman.
It is understood from this that if the testimony is not complete or there is a deficiency in the conditions of testimony, then the matter remains doubtful, but to avoid doubtful matters is piety and God-consciousness (taqwa).
According to our Imam Ahmad ibn Hanbal (rahimahullah), fosterage (ridā‘) is established by the testimony of only the wet nurse (murdhi‘ah).
(Wahidi)
Hafiz Ibn Hajar (rahimahullah) says:
"And the point of evidence from it is his statement, 'How, when it has been said,' which indicates that his command to separate from his wife was only due to the statement of the woman that she had breastfed both of them, so it is possible that her statement is correct and he would then commit the unlawful, so he commanded him to separate from her as a precaution according to the majority. And it is also said that he accepted the testimony of the woman alone regarding that."
That is, the purpose of the chapter is established from the Prophetic instruction "How, when it has been said," from which it is apparent that the Prophet (sallallahu alayhi wa sallam) issued the command to ‘Uqbah (radi Allahu anhu) to separate from that woman.
This was based on the statement of the woman claiming to have breastfed both of them.
There is a possibility that the statement of this woman is correct and ‘Uqbah would then be committing something unlawful.
Therefore, as a precaution, the command for separation was given.
It is also said that the Prophet (sallallahu alayhi wa sallam) accepted the testimony of the woman, and in this matter considered a single testimony sufficient.
The Imam (rahimahullah) has also established from this incident that in doubtful matters, the path of safety and precaution is to avoid them.

Hadith Commentary:
(1)
The purpose of this heading is to clarify the difference between doubt (shubhah) and baseless misgivings (waswasah): abandoning doubt is recommended, whereas baseless misgivings should not be given any consideration.

(2)
Doubt (shubhah) arises from either a strong or weak reason, as is evident from the mentioned hadith: in the matter of breastfeeding, if a woman gives testimony, it will be accepted because the informant is a Muslim, and a Muslim always speaks the truth. Thus, the Messenger of Allah (sallallahu alayhi wa sallam) instructed Uqbah bin Harith (radi Allahu anhu) to avoid doubt, saying:
“You should separate from your wife.”
Although a definitive ruling is not established merely on the statement of one woman, for the purpose of doubt, the testimony of a single woman is sufficient. Therefore, as an act of piety, it is better to refrain from keeping such a woman in marriage.

An example of baseless misgivings (waswasah) is as follows: a person from Khurasan travels to Baghdad, and since his father once lived in Baghdad, he avoids marrying in Baghdad out of the suspicion that perhaps his father married there, and the woman he wishes to marry might be his father’s daughter and thus his sister.

In the Shariah, such baseless misgivings have no standing.

Explanation:

1:
From this hadith, it is understood that the testimony of one nursing woman (murdhi‘a) is sufficient to establish (the fact of) breastfeeding (rada‘a).

Benefits and Issues:
Benefit: In the matter of breastfeeding (rada‘ah), specifically, the testimony and report of a single woman is valid and sufficient.
Just as, at the time of birth, the testimony of a single midwife regarding the child being born alive is considered valid and sufficient.
However, it is a condition that the one giving the report or testimony be reliable and trustworthy.
The scholars have differentiated between a report (khabar) and testimony (shahadah).
Testimony is always presented before a ruler or judge.
For this reason, there are differing opinions regarding the details of these issues.

(1) The narration is somewhat brief. This was ‘Uqbah bin ‘Amir, who resided in Makkah. This incident took place after the conquest of Makkah. When this issue arose, he traveled to Madinah Munawwarah to the Messenger of Allah (sallallahu alayhi wa sallam) for peace of mind and acted upon his command. Radi Allahu anhu wa ardaahu.

(2) “Leave her,” because suckling (ridā‘ah) is a concealed matter. Witnesses are not possible for it, nor can witnesses be appointed in such circumstances. Therefore, demanding testimony for suckling is futile; rather, the statement of the wet nurse (murdhi‘ah) will be considered reliable. Just as, regarding birth, the statement of the midwife is considered reliable and witnesses are not demanded from her. To require testimony in such cases would be tantamount to denying many certain matters. For this reason, the Messenger of Allah (sallallahu alayhi wa sallam) ordered the annulment of that marriage, even though no one else confirmed the woman’s statement.

(3) One should avoid doubtful matters.

Benefit:
It is established from this hadith that the foster (milk) relationship is prohibited; a foster brother and sister cannot marry each other. If, by mistake, such a marriage does occur, they must be separated. This very hadith is also found in Sahih al-Bukhari (2659), and in it there is clarification that ‘Uqbah separated from that woman, and the woman married another man. Furthermore, it is also established that in the matter of fosterage (rada‘ah), the statement of the woman who breastfed is to be accepted.