The ruling of breastfeeding is established only with five instances of suckling milk.
Linguistic Explanation: The word “Rida’at” or “Rida’ah” is derived from the root رَضِعَ (to hear, to open, to strike). Its meaning is “to drink milk.” The root أَرضَعَ (verbs) means “to breastfeed.”
[Lisan al-Arab: 125/8, Al-Qamus Al-Muheet: 30/3, Al-Munjid: p. 295]
Technical Definition: A child sucking milk from a woman’s breast at a specific time.
[Aneen al-Fuqaha: p. 152, Al-Durar: 355/1]
“Rida’at” is the plural of “Rida’ah,” which means when a child takes the mother’s breast into the mouth and sucks, then without any interruption leaves it by his own will (this counts as one Rida’ah).
[Nil al-Awtar: 412/4]
If the child leaves due to some reason, for example, to breathe or to rest or any other reason that distracts him, and then soon starts sucking again, this interval does not exclude the count of one Rida’ah. Imam Shafi’i’s school holds this view, which also aligns with the linguistic meaning.
[Subul al-Salam: 1529/3]
1. It is narrated from Hazrat Aisha (may Allah be pleased with her) that:
كان فيما أنزل القرآن عشر رضعات معلومات يحرمن ثم نسخن بخمس معلومات
“The command in the Quran was revealed that ten times of suckling, when certain, makes marriage unlawful. Then this ruling was abrogated by five times of certain suckling.”
Then the Prophet Muhammad (peace be upon him) passed away when the number five was recited in the Quran.
[Muslim: 1452, Kitab al-Rida’ah: Chapter on prohibition by five sucklings, Muwatta: 608/2, Abu Dawood: 2062, Tirmidhi: 1150, Nasa’i: 100/6, Ibn Hibban: 4207 – Al-Ihsan]
2. In the hadith of Hazrat Suhailah (may Allah be pleased with him):
فأرضعته خمس رضعات فكان بمنزلة الولد منه
“He breastfed Salim five times, then he became like his child.”
[Sahih: Sahih Abu Dawood: 1815, Kitab al-Nikah: Chapter on who becomes prohibited by it, Abu Dawood: 2061]
(Ibn Taymiyyah) The prohibition is established by five times of suckling.
[Fatawa al-Nisa: p. 471]
(Tirmidhi) He considered this view strong.
[Tirmidhi: after the hadith / 1150]
(Amir San’ani) He preferred this view.
[Subul al-Salam: 1529/3]
(Ibn Hazm, Siddiq Hasan Khan) They also hold this view.
[Al-Muhalla bil Athar: 189/10, Al-Rawdah al-Nadiyyah: 174/2]
There is a difference of opinion among the jurists on this issue.
(Shafi’i) The prohibition is established by five times of suckling. This view is transmitted from Hazrat Ibn Mas’ud (may Allah be pleased with him), Hazrat Aisha (may Allah be pleased with her), Hazrat Ibn Zubair (may Allah be pleased with him), Imam Ata, Imam Tawus, Hazrat Saeed bin Jubair, Hazrat Urwah, Laith bin Saad, and according to one narration, Imam Ahmad.
(Jamhur, Abu Hanifa, Malik) Even a little or more milk drunk, whether once or more, establishes prohibition.
(Ishaq, Abu Ubaidah, Abu Thawr, Ibn Mundhir) The prohibition is established by three times of suckling. According to one narration, Imam Ahmad holds this position.
[Al-Umm: 26/5, Al-Mughni: 310/11, Al-Mudawwana al-Kubra: 413/2, Tuhfat al-Ahwazi: 342/4, Fath al-Bari: 50/9, Nil al-Awtar: 414/4]
The arguments of those who hold three sucklings are as follows:
1. It is narrated from Hazrat Aisha (may Allah be pleased with her) that the Messenger of Allah (peace be upon him) said:
لا تحرم المصة ولا المصتان
“One or two times of suckling does not establish prohibition.”
[Muslim: 1450, Kitab al-Rida’ah: Chapter on one or two sucks, Abu Dawood: 2063, Tirmidhi: 1150, Ibn Majah: 1940, Ahmad: 31/6, Saeed bin Mansur: 277/1, Abu Ya’la: 239/8]
2. In one narration, the words are:
لا تحرم الرضعة ولا الرضعتان
“One time or two times of suckling does not establish prohibition.”
In a narration of Sahih Muslim, the words are:
ولا تحرم الإملاجة ولا الإملا جتان
“Putting the breast in the mouth once or twice does not establish prohibition.”
[Muslim: 1451 also, Ibn Majah: 1940, Nasa’i: 100/6, Abdul Razzaq: 469/7, Tabarani Kabir: 22/25, Bayhaqi: 455/7]
From these hadiths, it is established that merely one or two times of suckling does not establish prohibition; therefore, it will be established by three times of suckling. However, in reality, this is inferred through the opposite meaning, and the opposite meaning is not stronger than the explicit text as established in principles. Therefore, if considered carefully, these hadiths do not contradict the hadith خمس رضعات because they mention that two times of suckling does not establish prohibition, which is included in that hadith as well. However, it clarifies that five times of suckling establishes prohibition, so that will be acted upon.
The majority argue from the generality of this verse:
وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ [An-Nisa: 23]
“And your mothers who have breastfed you.”
And the Hanafis do not consider it permissible to restrict this definitive Quranic ruling by a solitary report. (Although this verse is general and the hadith of Hazrat Aisha (may Allah be pleased with her) is specific, and it is obligatory to interpret the general by the specific whether the report is solitary or mutawatir.)
Moreover, sometimes for their benefit, the Hanafis also restrict the Quran by solitary reports, such as the verse regarding the Mahr (dowry):
أَن تَبْتَغُوا بِأَمْوَالِكُم [An-Nisa: 24]
“That you marry them with the Mahr from your wealth.”
This verse is general, while in one narration it is said:
لا مهر أقل من عشرة دراهم
“No less than ten dirhams as Mahr.”
Here, the Hanafis restrict the general Quranic ruling by this narration, although it is also a solitary report and furthermore weak, yet they consider it authoritative.
From all the above discussion, it is established that the first position (that of Imam Shafi’i) is stronger and therefore should be acted upon.
With certainty of the presence of milk and the child not yet weaned
As mentioned in a narration:
رضعات معلومات……
Meaning such sucklings that are known because the ruling of breastfeeding can only be established when milk is present and the child actually drinks it.
1. It is narrated from Hazrat Umm Salamah (may Allah be pleased with her) that the Messenger of Allah (peace be upon him) said: “Only that breastfeeding establishes prohibition which loosens the ligaments:
و كان قبل الفطام
“And it should be before the weaning period (i.e., before two years of age).”
[Sahih: Irwa’ al-Ghalil: 2150, Tirmidhi: 1152, Kitab al-Rida’ah: Chapter on the statement that breastfeeding only prohibits during infancy before two years, Nasa’i al-Kubra: 301/3, Ibn Hibban: 1250 – Al-Mawarid]
2. It is narrated from Hazrat Jabir (may Allah be pleased with him) that the Prophet (peace be upon him) said:
لا رضاع بعد فصال ويتم بعد احتلام
“After the weaning period, breastfeeding does not establish prohibition, and after puberty, no one is considered an orphan.”
[Hasan: Irwa’ al-Ghalil: 1244, Tabarani Saghir: 158/2, Abu Dawood Tayalisi: 1767]
3. It is narrated from Hazrat Ibn Abbas (may Allah be pleased with them) that:
لا رضاع إلا فى الحولين
“No breastfeeding is valid except that which occurs within two years.”
[Dar Qutni: 173/4, Saeed bin Mansur: 974, Bayhaqi: 442/7, Abdul Razzaq: 1390/3]
The Prophet (peace be upon him) said to Hazrat Aisha (may Allah be pleased with her): “Be sure to consider who your brothers are:
فإنما الرضاعة من المجاعة
“Because breastfeeding is only valid when the milk is drunk during hunger.”
[Bukhari: 5102, Kitab al-Nikah: Chapter on who says no breastfeeding after two years, Muslim: 1455, Ahmad: 94/6, Abu Dawood: 2058, Ibn Majah: 1945, Ibn al-Jarood: 691, Sharh al-Sunnah: 65/5]
Although the duration of breastfeeding is established by the Quranic text:
حَوْلَيْنِ كَامِلَيْنِ [Al-Baqarah: 233]
“Complete two years.”
Yet there is disagreement on this.
(Shafi’i, Malik, Abu Yusuf, Muhammad) The duration of breastfeeding is two years. This view is narrated from Hazrat Umar, Hazrat Ibn Abbas, Hazrat Ibn Mas’ud, Hazrat Umar, Hazrat Ali, Hazrat Abu Hurairah, Hazrat Aisha, and all the pure wives (may Allah be pleased with them), Imam Shu’bi, Imam Awza’i, Imam Ishaq, and Abu Thawr (may Allah have mercy on them).
(Abu Hanifa) The duration of breastfeeding is two and a half years (his evidence is this verse:
وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْرًا [Al-Haqqaf: 15]
Although this verse also mentions the duration of breastfeeding as two years, with an additional minimum six months of pregnancy.
The duration of breastfeeding is three years.
[Al-Mughni: 319/11, Nil al-Awtar: 417/4, Al-Umm: 29/5, Al-Mabsut: 135/5, Bidayat al-Mujtahid: 36/2, Tafsir al-Libab fi Ulum al-Kitab: 170/4, Tafsir al-Razi: 101/6, Tafsir Bagawi: 21231, Tafsir al-Durr al-Manthur: 513/1]
(Strongest view) The first position is stronger, and all the above evidence supports it.
