Those Who Consider the Man Who Causes Breast Milk to Descend as Having Legal Status

Hazrat Amr bin Shuraid (may Allah have mercy on him) narrates that Hazrat Ibn Abbas (may Allah be pleased with them both) was asked: If a man has one wife and one slave woman, and one of them gives birth to a boy and the other breastfeeds a girl, is it permissible for the boy to marry the girl who was breastfed? He replied: No, because the cause of the milk descending in both is one man.

According to Hazrat Mujahid (may Allah have mercy on him), the man who causes a woman's milk to flow also holds legal status in Shariah.

According to Hasan (may Allah have mercy on him), a man who causes a woman’s milk to flow also holds legal (shar‘i) status.

According to Hazrat Sha'bi (may Allah have mercy on him), the man who causes a woman's milk to flow also holds legal status in Shariah.

Hazrat Ata (may Allah have mercy on him) says that even a man who causes a woman’s milk to flow establishes the prohibition (of marriage).

According to Hazrat Salim (may Allah have mercy on him), a man who causes a woman’s milk to flow also holds legal status in Shariah.

Hazrat Abbad bin Mansoor (may Allah have mercy on him) says that I asked Hazrat Qasim bin Muhammad (may Allah have mercy on him) that my father's wife fed milk to a girl from the share of my paternal half-sister; is that girl lawful for me? He replied, "No, your father is her father." I asked the same question to Hazrat Tawus (may Allah have mercy on him), and he also said the same. I asked this question to Hasan (may Allah have mercy on him), and he also said the same. I asked this question to Hazrat Mujahid (may Allah have mercy on him), and he said that there is a difference of opinion among the scholars in this matter. I do not say anything about it. When I asked Ibn Sireen (may Allah have mercy on him) this question, he also said what Hazrat Mujahid (may Allah have mercy on him) said.

18250 - And I asked Tawus, and he said the same.

18251 - And I asked Al-Hasan, and he said the same.

18252 - And I asked Mujahid, and he said: "People have differed regarding it, and I do not say anything about it."

18253 - And I asked Ibn Sirin, and he said the same as Mujahid.

Ayub (may Allah have mercy on him) says that I mentioned this to Muhammad bin Sirin (may Allah have mercy on him), so he said that I have been informed that there is a difference of opinion among the people of Madinah regarding this. Some have considered it disliked, while for others it holds no significance. Those who have considered it disliked are better in our view. Qasim bin Muhammad also considered it disliked.

18255 - And Al-Qasim ibn Muhammad was among those who (disliked it) (1).

Hazrat Muhammad bin Amr (may Allah have mercy on him) states that Hazrat Zuhri (may Allah have mercy on him) came to Madinah Munawwarah in the early days of Hisham’s caliphate and narrated that Hazrat Urwah (may Allah have mercy on him) relates from Hazrat Aisha (may Allah be pleased with her) that Abu Qais (may Allah have mercy on him) sought permission to meet Hazrat Aisha (may Allah be pleased with her). Hazrat Aisha (may Allah be pleased with her) and Abu Qais had both been breastfed by the wife of Abu Qais’s brother. Hazrat Aisha (may Allah be pleased with her) refused to grant him permission. Hazrat Urwah (may Allah have mercy on him) believes that Hazrat Aisha (may Allah be pleased with her) mentioned this to the Prophet ﷺ, so he said: Why did you not grant him permission? Breastfeeding makes unlawful what blood relations make unlawful. Upon hearing this statement of the Prophet ﷺ, the people of Madinah became anxious. Abdullah bin Abi Habibah, the freed slave of Zubair, divorced his wife on this occasion.

18257 - The people of Medina were alarmed by that, so Abdullah ibn Abi (Habibah) (1), the mawla of Az-Zubair, divorced his wife at that time.

Hazrat Hisham (may Allah have mercy on him) narrates that Hazrat Muhammad bin Sirin (may Allah have mercy on him) once mentioned the ruling regarding a man who causes milk to be produced, and said that according to some people, it is disliked (makruh), while others have permitted it. The opinion of those who consider it disliked is better. Qasim bin Muhammad (may Allah have mercy on him) also considered it disliked.

18259 - And Al-Qasim ibn Muhammad was among those who (disliked it) (1).

Hazrat Hisham (may Allah have mercy on him) has given legal status to the man who causes milk to be produced.