Chapter 19: Nursling Nurture Establishes Ties Equivalent To Blood Relationships
The 4,000 species of mammal all produce milk to meet the specific nutrient needs of their offspring, and thus human breast milk is the ideal sustenance for human infants.
Well-documented advantages of breastfeeding include health, nutritional, immunological, developmental, psychological, social, economic and environmental benefits. For example, breast milk is said to help to lower the risk of, or to protect against: diabetes, gastroenteritis, diarrhoea, asthma, allergies, urinary tract infections, chest infections and wheezing, ear infections, obesity and attention-deficit hyperactivity disorder.
Furthermore, mothers produce antibodies to whatever disease is present in their environment and their milk is thus adapted to fight the diseases their babies are exposed to.
Benefits For The Infant
Milk fed directly from the breast is immediately available at body temperature. Sucking at the breast exercises and strengthens the jaws and encourages the growth of straight, healthy teeth. In addition, it creates early attachment between mother and child. At birth, infants see only 12 to 15 inches (30 to 40 cm), the distance between a nursing baby and its mother's face.
Benefits For The Mother
Breastfeeding releases hormones that relax mothers and cause them to experience nurturing feelings towards their infants. Breastfeeding, as soon as possible after birth, increases the levels of hormones that stimulate contraction of the womb and trigger the secretion of milk.
Breastfeeding may also help a mother return to her previous weight as fat accumulated during pregnancy is utilized in her production of milk. Frequent and exclusive breastfeeding delays return of menstruation and fertility, allows iron stores to be maintained and retains the possibility of natural child spacing. Breastfeeding mothers experience improved bone remineralization after the birth and a reduced risk for both ovarian and breast cancer - both before and after the menopause.
Bonding
Maternal bonds are strengthened by breastfeeding's hormonal releases that reinforce feelings of nurture. The strengthening of maternal bonds is important as studies show that up to 80% of mothers suffer from some form of postpartum depression.
When looking after a child while the mother is away for short periods, an alternative carer may feed the child with the mother's expressed breast milk (EBM). However, mothers who are unable to breastfeed may draw upon the assistance of a wet nurse. The biography of the Prophet Muhammad (S) records that a lady by the name of Haleema Sa’diah nursed him and, in the absence of his mother, was his foster mother.
All schools of Islamic law agree that the nurture of nurslings establishes ties equivalent to blood relationships. That is, any two children who suckle from the breast of the same woman are considered by shari’ah to be siblings. A man may not marry his blood sister, or a 'sister' who has been suckled from the same breast that fed him.
The Basis For This Principle
From The Qur’an
Mothers shall suckle their children for two full years... and the father must maintain them in the manner appropriate to their way of life.
"And the (divorced) mothers shall suckle their children for two whole years for him (father) who desires to complete the period of suckling. It is (incumbent) upon the father to provide (sustenance) and their clothing (nursing mothers) in a fair manner. No soul shall have imposed upon it a duty but to the extent of its capacity; neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child, and the same devolves upon the heir. But if they desire to wean by mutual consent and consultation, then it is no sin on them. And if you desire to seek a wet nurse for your children, it is no sin on you as long as you pay what you promised for in a fair manner; and be in awe of Allah, and know that Allah sees what you do." (Surah Al-Baqarah, 2:233)
“It is prohibited to marry your mothers, daughters, sisters, paternal or maternal aunts, nieces, 'wet-nurses' who have suckled you, or 'sisters' that result from having been breast-fed with you…” (Surah An-Nisa, 4:23).
Conditions
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The Imamiyah deem it necessary for the wet-nurse's lactation to have been brought about via lawful sexual relations. If this is not the case, none of the above-mentioned relationships apply. Divorce, or the death of a wet-nurse's husband after legal conception has taken place, does not impact on this ruling.
The Hanafi, Shafi’i and Maliki schools opine that there is no difference between a woman, being married or unmarried, as long as she has milk with which to feed the child.
According to Hanbali fiqh, the legal results of suckling do not follow unless the milk is the result of a pregnancy but they set no condition for pregnancy being the result of legal intercourse.
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The Imamiyah deem it necessary for the child to suckle directly from the breast - if the milk is taken via indirect means such as a bottle the above relationships are not established. The other four schools consider it sufficient for milk to reach a child's stomach regardless of how it is taken. For Hanbalis, it is sufficient for milk to reach the child's stomach even if it needs to be fed via the nose.
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For the above relationships to apply, the minimum period of suckling - for the Imamiyah - is either 24 hours or fifteen consecutive feeds with no other source of nourishment, being given. Indeed, the hadith that is reported from the Prophet (S) via the error-free Imams (‘a) and companions that relates to this point reads, 'What makes the flesh grow and strengthens the bones'. This clarifies the principle that nurture by nursing establishes relationships.
For example:
Al-Kulayni reports via an authentic chain of narrators that the nurture by nursing that establishes relationships is that which develops flesh and strengthens bones.1
The Shafi’i and the Hanbalis consider five breastfeeds to be the minimum necessary to establish relationships. Apparently, they rely upon what ‘Amra reported from ‘Ayesha, who said, 'Among the ayat revealed in the Qur'an was "Ten complete sessions of suckling establishes relationships. The ayah was then altered downwards to "Five complete sessions of suckling", and when the Prophet died five sessions of suckling continued to be recited as part of the Qur'an.'2
(However, as no such ayah exists in the Qur'an, the above narration only serves to illustrate the view of some companions, vis-à-vis alterations being made to the Qur'an - an issue that is completely rejected by all knowledgeable Muslims.)
The Hanafis and Malikis opine that, irrespective of the quantity of milk imbibed, all breastfeeding results in the establishment of relationships, even if only a drop of milk is fed.3
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The Imamiyah, Shafi’i, Maliki and Hanbali schools all mention the period of breastfeeding to be up to age two. This is based on Qur'an 2:233 - however, the Hanafis extend that period by six further months.
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According to the Hanafi, Maliki and Hanbali schools, it is not necessary for a wet-nurse to be alive at the time of feeding. Thus, even if she dies and the child manages to attach to her nipple and suckle, that is sufficient to establish such relationships. Malikis have gone even further and claim that even if doubt exists if, at the time of suckling, it was milk or any other liquid that was sucked, the relationship is established.4
The Imamiyah and Shafi’i state that in order for such a relationship to be established a woman must be alive when the baby suckles.
Conclusion
When all the above conditions are met relationships are established, the wet-nurse's husband is regarded as her suckling child's foster father, his mother its grandmother, and so on throughout their family.