Message No : 3Sr.No : 43/725
Question By : M.Z.CHIDA

Respected Sir,
Assalamu Alaikum,
Many thanks for your message. I have received the receipt.
I want your clarification on the following
''2. Quantity of suckling
According to all jurists except Imam Shafe'ee, mere suckling makes the marriage unlawful whether it be of one, two sips or more because the Quran says '' and your mothers who suckle you'' without mentioning any condition of more than two sips. Imam Shafe'ee holds that one or two sips of milk does not make the marriage illegal.
(Muslim with Sharhe Nawawi v.1 p.468)
(I'laus sunan v.11 p. 119)''
Wassalam
M.Z.CHIDA

 

Reply By : Obaidullah Qasmi
Designation : Mufti: ODI, MMERC, Mumbai 

Dear brother in Islam
Wa'laikumus Salaam

Suckling makes the marriage unlawful forever between the suckler and the suckled and between the near relatives of the suckler and the suckled just like real relatives. But suckling can make mother-son relation or real fosterage in matter of marriage only when it comes with all its conditions.
Among its conditions some are related to suckler (Murzi'ah) and some are related to suckled (Razee') , while some are related to milk (Labanul Murzi'ah).
These detailed conditions are mentioned below according to Hanafite school of thought. Some details vary from other schools of thought.

1) Conditions related to suckler of infant (Murzi'ah)

1. Suckler of the child must be human female, so if a male happens to produce milk in his breast, suckled an infant it will not make any foster relation.
Likewise, if male and female babies suck at the breast of an animal they will not
become foster brother and sister.
1. Suckler of the child must be of nine years at least. So, if she is less
and happened to produce milk in bosom, suckled a child then no

foster relation will be established.
2. life is not necessary for the suckler, so if an infant sucked at bosom of a dead woman and milk reached his/her stomach, foster relation will be established.
3. likewise being married is not necessary for the suckler, so if an unmarried
female happened to produce milk and suckled an infant, foster relation will be established.

2. Conditiones related to suckled ( Razee')

Suckled must be within two years of age according to Imam Abu Yusuf and Imam Muhammad, the two greatest disciples of Imam Abu Hanifah, and two and half years according to Imam Abu Hanifah. So if he/she was suckled after exceeding two years or two and half years, no foster relation will be established.

3. Conditiones related to milk of suckler (Laban)

1. Milk must be liquid, so if a child takes milk in form of cheese, cream or curd etc. no foster relation will be established because the term suckling is not applied to this situation.
2. Milk must reach the stomach of child through his/her mouth or nose whether it be directly i.e. through sucking her bosom or indirectly i.e. through a pot etc after her milk was put in it.. So if it was injected or was given to child through any way other than mouth or nose, no foster relation will be established.
3. Milk must reach the stomach of child in the period of suckling i.e. two years or two and half years of age no matter it be a drop or more.
4. Milk must be unmixed with food.
a) So if it was mixed with food and was cooked and changed, no foster relation will be established.
b) Likewise if it was mixed with uncooked solid things, no foster relation will be established because it will not remain liquid now.
c) If it was mixed with liquid e.g. her milk was mixed with goat's, water or any liquid medicine etc. foster relation will be established if her milk is dominant otherwise no foster relation will be established. Being dominant means appearance of its colour or taste or equal appearance of both.
(Kitabul Fiqh alal Madhaahib al arba'ah v:4 p:253)



Quantity of suckling which disallows marriage


There is difference of opinion between Imam Abu Hanifah,Imam Malik ,Imam Shafei and Imam Ahmad bin Hanbal about how many times of suckling will establish foster relation to make marriage illegal between the suckler and the suckled and between the near relatives of the suckler and the suckled. The former two and majority of other great scholars say that mere suckling makes such relation even if this suckling is only one time. The latter two i.e. Imam Shafei and Imam Ahmad bin Hanbal say that relation will be established only when the child was suckled five times at least. So if the child sucked the bosom less than five times, no relation will be established and hence, marriage between the suckler and the suckled and her relatives is lawful.
Both the groups have proofs from Shariah sources. They are given below in brief.

Arguments of Imam Shafe'I and Imam Ahmad bin Hanbal

1. Imam Shafei and Imam Ahmad bin Hanbal quotes the Hadith of Muslim Sharif narrated by Aisha in which she says that ''It had been revealed in the Qur'an that ten clear suckling make the marriage unlawful, then it was abrogated (and substituted) by five suckling and Allah's Apostle (peace_be_upon_him) died and it was among the Quran recited (informed) (by Muslims).'' And the meaning of it was among the Quran .'' is this that this verse was among Quranic verses from the view point of practice and not from the view point of recitation. So though this was not recited and not included among Quran for recitation yet its ruling must be practiced like other verses.
2. Another Hadith of Muslim Sharif says ''one suckling or two does not make marriage illegal.'' (Kitabul Fiqh alal Madhaahib al Arba'ah v:4 p:257)


Arguments of Imam Abu Hanifah and Imam Malik

Imam Abu Hanifah and Imam Malik argues by the Quranic verse '' and your mothers who suckled you'' (ch:4 v:23)
They say that this verse is Mutawaatir i.e. narrated by such a huge group of people from one generation to another that it is impossible to belie them. (Note: all the verses of the Qura'n are Mutawaatir.) And this verse is Mutlaq i.e. without any condition.so Mutawaatir unconditioned verse can not be conditioned by a Khabar Waahid i.e. a Hadith having only one narrator at any place in its chains of narrators which makes it less authentic in comparison to Mash-hoor and Mutawaatir Ahadith.
So this Mutlaq verse can not be made Muqayyad (conditioned) by a Khabar-e-Wahid as per principles and rules laid by Muhadditheen. And, hence this verse will not accept any condition of five suckling but will establish foster relation even by one suckling or one drop of milk.
3. Great companions of the Prophet such as Ali bin Talib, Abdullah bin Abbas, Abdullah bin Umar etc. accept that even one suckling will disallow marriage.
4. All jurists of Madinah and Kufah with a few exception hold this opinion.
5. It is narrated that when Abdullah bin Umar was asked about one and two suckling, he answered that it was not correct. They again asked him that Ibn Zubair made one or two suckling without effect, he answered that Allah says: and your foster brothers'' and decision of Allah is better than Ibn Zubair's.
(I'laaus Sunan v:11 p:121)

Answer to arguments made by Imam Shafe'I and Imam Ahmad bin Hanbal

1. Ahadith of five suckling seem against the Qur'an as they add condition of five
suckling while the Quran does not accept this. So in this case it is better to
explain those Hadith in such a possible way that they may not contradict the
Quran. Doing this, Allama Qurtubi says that five suckling here denotes surety of
reaching of milk to the stomach of the child, and the number five itself is not
meant here. (I'laaus Sunan v:11 p:121
2. Ahadith mentioning number of suckling including Aisha's mention different
number and not only five. This kind of situation make the Hadith weak and ca
not be argued by.
3. The narration from Aisha in which she mentions that one or two suckling does
not disallow marriage is either abrogated by the verse of the Qur'an or is not
correct. (Kitabul Fiqh alal Madhaahib al Arba'ah v:4 p:257)

Thanks
Allah Knows the best

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