Does suckling an adult have any effect in establishing nursing relations


بســـم اللــه الرحــمــن الـرحـــيــم

▪️Does suckling an adult have any effect in establishing nursing relations▪️

Our Shaykh, Muhammad ibn Hizaam -may Allaah preserve him- was asked the following question:

📩 Question:

The questioner says: What is the ruling on a husband being intimate with his wife’s breasts till when milk drops from it he swallows it, will this cause her to become his mother from nursing relations?

📝 Answer:

It’s advisable to avoid this altogether because some scholars see that nursing relations is established from any intake of milk, regardless of how much milk is consumed or how many times this occurs (i.e. without stipulating 5 sucklings as a minimum); there are many scholars who hold this opinion, that consumption of any amount of milk -however little or however much- is effective in making marriage unlawful / establishing nursing relations, and some scholars have even said that this applies to grown ups as well.

And although this opinion is incorrect, as it falls contrary to the correct opinion; it’s in fact a weak opinion, nonetheless:

((دع ما يريبك إلى ما لا يريبك))

“Give up what is doubtful to you for that which is not doubtful.”

Likewise:

((فمن اتقى الشبهات فقد اسبرأ لدينه وعرضه))

“Whoever avoids doubtful matters, keeps his religion and his honour blameless.”

So going by the opinion of the Thaahiriyyah (the literalists) as well as ‘Aa’ishah -may Allaah be pleased with her- who say that nursing relations apply even if the one being breastfed is an adult, if we go by this opinion the wife would become her husband’s nursing mother and the marriage is annulled. However, this opinion is incorrect, which is why all of the companions, including all of the remaining mothers of the believers (i.e. The Prophet’s wives) opposed ‘A’ishah in this.

So it’s better to avoid doing this altogether, so that you free yourself from any blame;

((فمن اتقى الشبهات فقد اسبرأ لدينه وعرضه))

“Whoever avoids doubtful matters, keeps his religion and his honour blameless.”

This should be left off altogether, and we seek Allaah’s aid.

But in any case, the strongest opinion is that nursing relations is not established between the husband and wife through this, because breastfeeding an adult is ineffective. Breastfeeding is effective in establishing nursing relations only if it is administered in the first two years:

{وَٱلۡوَ ٰ⁠لِدَ ٰ⁠تُ یُرۡضِعۡنَ أَوۡلَـٰدَهُنَّ حَوۡلَیۡنِ كَامِلَیۡنِۖ لِمَنۡ أَرَادَ أَن یُتِمَّ ٱلرَّضَاعَةَۚ}

“The mothers shall give suck to their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling.”

[Surat Al-Baqarah 233]

So after reaching two years, the term for breastfeeding comes to an end.

______

Translated by:

Abu Ishaq Muhammad Ibn Ahmad Ba-‘Alawi

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Original Fatwa:

https://t.me/ibnhezam/2741