Muwatta Malik (Qasim)

Hadith Authentication:
[وأخرجه البخاري 5103، ومسلم 1445/3، من حديث مالك به، من رواية يحييٰ بن يحييٰ]

Jurisprudential Explanation:
➊ In the early period of Islam, it was not obligatory for women to observe veiling (purdah); it was made obligatory later.
➋ Veiling is not observed from those relatives who are prohibited (haram) due to lineage or breastfeeding (rada‘ah); rather, veiling is observed from those with whom marriage is originally permissible.
➌ A foster mother (rada‘i mother) is like a real mother; therefore, foster relationships are also prohibited (haram) just like real blood relationships.
➍ There is no difference of opinion that the breastfeeding (rada‘ah) of an infant is established by five sucklings, but there is a difference of opinion regarding the breastfeeding of an adult. Umm al-Mu’minin Sayyidah A’ishah radi Allahu anha considered it permissible, whereas the majority of scholars do not consider it permissible, as is also established from the forthcoming hadith. Also see: [التمهيد 260/8]
➎ After the obligation of veiling (purdah), the Mothers of the Believers (Ummahat al-Mu’minin) used to observe veiling from ordinary believers.

Hadith Commentary:

Because he was their foster paternal uncle.

Most scholars and the four Imams hold the view that just as the woman who breastfeeds (the wet nurse) becomes prohibited (haram) through breastfeeding, in the same way, her husband and her relatives also become unmarriageable kin (mahram). This applies to the husband by whose intercourse the woman’s milk was produced. Those who have stated otherwise, their opinion is incorrect.

Hadith Commentary:
(1)
It was the opinion of Aisha radi Allahu anha that the relationship of milk kinship (rada‘ah) is established only with the woman through breastfeeding. In one narration, this is detailed as follows:
She said:
Aflah came to me, so I observed hijab from him.
He said:
Do you observe hijab from me while I am your uncle? Aisha radi Allahu anha replied:
How is that? He said:
The wife of my brother breastfed you.
I said:
A woman breastfed me, not her husband.
When the Messenger of Allah sallallahu alayhi wa sallam came, I related this incident to him. He said:
“He is your uncle and may enter upon you.”
(Sunan Abi Dawud, Kitab al-Nikah, Hadith: 2057)
From this, it is understood that all the relatives of the woman become relatives of the one who is breastfed, and the woman's husband becomes his milk-father (rada‘i father).

(2)
Hafiz Ibn Hajar rahimahullah has explained this as follows: If a man has two wives, and one of them breastfeeds a boy and the other breastfeeds a girl, then marriage between that boy and girl is not permissible, because in this matter, the milk of the male (laban al-fahl) is considered. Since the milk comes due to the husband, its effects are present in both wives, and through their breastfeeding, the prohibition of milk kinship (hurmat al-rada‘ah) is established.
(Fath al-Bari: 9/190)

Hadith Commentary:

If a woman other than the mother breastfeeds a boy or girl, then she becomes, according to the Shariah, the milk-mother (foster mother), and her rulings become like those of the real mother. Her husband attains the status of father, and her sons attain the status of brothers.

The meaning of the statement of Aisha radi Allahu anha is precisely this: that the foster paternal uncle, foster paternal aunt, foster maternal uncle, and foster maternal aunt are all mahram (unmarriageable kin).

The relevance of this hadith to the chapter heading is established for several reasons:

➊ One is that from this hadith, it is established that appearing before the foster father and foster uncle is permissible, and the word "their fathers" (aba’ihinna) in the verse is explained by the hadith, that foster father and uncle are also included in "their fathers," because in another hadith it is stated:
"The uncle of a man is like his father."

➋ Secondly, in the verse, those people are mentioned whose coming to the wives of the Prophet (azwaj mutahharat) was permissible, and in the hadith, the same people are mentioned, that a person came to Aisha radi Allahu anha.

➌ Thirdly, in the hadith, the statement of Aisha radi Allahu anha is mentioned: that all the relationships that are prohibited due to blood ties are also prohibited due to milk (fosterage). Thus, the verse is explained, meaning that other mahrams are also permitted to come before the wives of the Prophet, even if they are not mentioned in the verse, such as grandfather, maternal grandfather, maternal uncle, paternal uncle, etc. And it is astonishing regarding the person who objected to Imam Bukhari, claiming that the hadith does not correspond to the chapter heading.

Qastallani said: Imam Bukhari, by bringing this hadith, has refuted Ikrimah and Sha’bi, who considered it disliked (makruh) for a woman to appear before her uncle or maternal uncle with her head covering (dupatta) removed.

Hadith Commentary:
➊
If a woman other than the mother breastfeeds a child, then according to Islamic law, she becomes the milk (i.e., foster) mother (radha'i mother) of that child, and her rulings become like those of the real mother.
Her husband attains the status of father, and her sons attain the status of brothers to that child.
Furthermore, from this hadith it is also understood that it is permissible to appear before the foster father, foster paternal uncles, and foster maternal uncles, because their ruling is the same as that of the real father, real paternal uncles, and real maternal uncles.
➋
It is also understood that there is no veil (hijab) from other mahrams either, even though they are not mentioned in the noble verse (ayah), such as:
Grandfather, maternal grandfather, paternal uncle, and maternal uncle, etc.
➌
The relevance of this hadith to the chapter heading is that the verse mentions blood-related mahrams, and the hadith discusses foster (radha'i) mahrams; that is, just as there is no need to observe veil (hijab) from blood-related mahrams, similarly, foster mahrams may also enter the house.
And Allah knows best.

Hadith Commentary: In the matter of breastfeeding (rada‘ah), only the testimony of Aflaḥ (radi Allahu anhu) was accepted; this is the very objective of the chapter. Along with this, it is also indicated that it is necessary to scrutinize the witness.

Hadith Commentary:
(1)
In Arab society, breastfeeding (ridā‘ah) was given great importance. Islamic Shariah maintained this practice. Its influence has been acknowledged in the prohibitions of marriage (mahramāt nikāh). The Messenger of Allah (sallallahu alayhi wa sallam) said:
“Those relationships which are unlawful due to lineage (nasab) also become unlawful due to breastfeeding (ridā‘ah), and likewise, those relationships which are mahram due to lineage also become mahram due to breastfeeding.”
Hazrat Aflah (radi Allahu anhu) was also the uncle of Hazrat Aisha (radi Allahu anha) due to this relationship. In this matter, due to its being well-known, the statement of Aflah alone was accepted as sufficient.
(2)
Breastfeeding (ridā‘ah) which existed in the era of ignorance (Jāhiliyyah), and among those people it was well-known that so-and-so drank the milk of so-and-so—regarding this type of breastfeeding, the Shariah rulings were applied.
(3)
From this hadith, it is also understood that even a mahram must seek permission before entering, because it is possible that the mahramah (female mahram) may be in such a state that it is not permissible for the mahram to see her in that condition.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
AN TANZURU:
This means that you persist and show insistence,
and make repeated requests to the Prophet (sallallahu alayhi wa sallam).
(2)
A‘TAMA:
Derived from ‘Atamah, which refers to the darkness of the night,
the intent here is that the time was delayed considerably beyond the usual time.

Explanation:

1:
From this hadith, it is understood that through a woman’s breastfeeding, the man whose milk it is (i.e., the husband of that woman) also becomes prohibited (haram) for the suckling infant, and a relationship is established between the infant and him as well.

Benefits and Issues:
If a woman becomes a nursing (wet) mother through breastfeeding, then her husband becomes the nursing (milk) father, and her brother becomes the nursing (milk) uncle, just as a relationship is established with the woman who breastfeeds.
In the same way, a relationship is also established with her husband and relatives.

English translation:

A foster paternal uncle can be of two types: the real brother of the foster father, or the foster brother of the real father. Marriage with both is prohibited. In these two narrations of Aisha (radi Allahu anha), in one (3316), the first type of foster uncle is intended, and in the other (3315), the second type; otherwise, there would be no need to ask the same question twice. And Allah knows best.

Urdu Hashiyah (Commentary):

In Hadith 3232, it has just been mentioned: "May your hands be dust-covered." According to the apparent wording, this is a supplication for harm (bad-du‘a), but here, the intent is not a curse; rather, it is a compassionate rebuke and a means of instruction. In any case, if the supplication for harm (bad-du‘a) of the Messenger of Allah (sallallahu alayhi wa sallam) is not made in anger, it is to be understood as a supplication (du‘a) itself. In Arabia, and in fact among all nations, it happens that the words are of a supplication for harm, but the actual intent is mercy or something similar.

Urdu footnote:
Marriage with the paternal uncle is prohibited; therefore, there is no veil (hijab) from him. He may come to the niece’s house, but with permission, because no person may enter anyone’s house without permission. Only the husband may enter his own house without permission.

Commentary in English:
There are several benefits in narrating the same hadith through multiple chains of transmission. ➊ The differences in the chains (isnads) become clear. ➋ Mistakes made by narrators can be identified. ➌ The details of the incident become fully known, and so on.

Benefits and Issues:
➊ Just as milk kinship (rada‘ah) relationships are established from the woman who breastfeeds (such as milk-uncle, milk-aunt, etc.), in the same way, the husband of that woman becomes the father of the child who is breastfed, and milk kinship relationships are established from his side as well (such as milk-paternal uncle, milk-paternal aunt, etc.).

➋ The relationships that are unmarriageable (mahram) by lineage are also unmarriageable by milk kinship (rada‘ah). Therefore, there is no veil (hijab) between these milk relatives, and marriage among them is also not permissible. (For details, see the benefits of Hadith: 1937.)

➌ If a student has any confusion or doubt regarding an issue, he should present it to the teacher, and the teacher should remove the confusion in an appropriate manner.

➍ The Arabs use the idiom “the hand touched dust” to mean poverty and destitution; however, when this phrase is uttered at a moment of astonishment, it is not intended as a supplication for harm (bad-du‘a).

Takhrij:
«أخرجه البخاري، النكاح، باب لبن الفحل، حديث:5103، ومسلم، الرضاع، باب تحريم الرضاعة من ماء الفحل، حديث:1445.»©Explanation:
➊ From this hadith, it is understood that the husband of the woman whose milk is suckled becomes like a father to the one who suckled the milk. Now, the relationships that are prohibited from the side of the mother and father also become prohibited through milk (radā‘ah).
➋ Aflah became the milk-uncle (radā‘ī chacha) of Aisha radi Allahu anha because Aisha radi Allahu anha had suckled the milk of the wife of Abu al-Qais.
➌ In the production of milk, both the sperm of the man and the woman have a role; therefore, the relationship of milk (radā‘ah) is established from both sides, and for this reason, the prohibition (of marriage) is also established.

Explanation: «افلح» His kunyah was Abu Ja‘d and his name was Aflah. He was a freed slave of the Messenger of Allah sallallahu alayhi wa sallam. And according to another opinion, he was a freed slave of Umm Salamah radi Allahu anha. His brother Abu al-Qais’s name was Ja‘d. And according to another opinion, his name was Wa’il ibn Aflah al-Ash‘ari. In this way, the name of his brother and his father became the same. It should be known that Aisha radi Allahu anha had two milk-uncles (radā‘ī chacha). One was the milk-brother of her father Abu Bakr radi Allahu anhu, who passed away during the lifetime of the Prophet sallallahu alayhi wa sallam. The second was the brother-in-law of the woman who suckled Aisha radi Allahu anha. His name was Aflah, who was the brother of Abu al-Qais, and Abu al-Qais was the milk-father (radā‘ī father) of Aisha radi Allahu anha.

Benefit:
It is established from this hadith that there is no veil (purdah) required from a foster uncle, and he should be permitted to enter the house. This hadith also shows that the Mothers of the Believers (radi Allahu anhunna) were strictly adherent to the Shari‘ah and took special care regarding veiling. May Allah grant all Muslim sisters the ability to observe veiling diligently. Ameen.