Muwatta Malik: Chapter 30

Yahya related to me from Malik from Abdullah ibn Abi Bakr from
Amra bint Abd ar-Rahman that A'isha, umm al-muminin informed her that
the Messenger of Allah, may Allah bless him and grant him peace, was
with her and she heard the voice of a man asking permission to enter
the room of Hafsa. A'isha said that she had said, "Messenger of Allah!
There is a man asking permission to enter your house!" The Messenger
of Allah, may Allah bless him and grant him peace, said, "I think it
is so-and-so" (referring to a paternal uncle of Hafsa by suckling).
A'isha said, "Messenger of Allah! If so-and-so were alive (referring
to her paternal uncle by suckling) could he enter where I am?" The
Messenger of Allah, may Allah bless him and grant him peace, said,
"Yes. Suckling makes haram as birth makes haram."

Yahya related to me from Malik from Hisham ibn Urwa from his
father that A'isha, umm al-muminin said, "My paternal uncle by
suckling came to me and I refused to give him permission to enter
until I had asked the Messenger of Allah, may Allah bless him and
grant him peace, about it. The Messenger of Allah, may Allah bless him
and grant him peace, came and I asked him about it. He said, 'He is
your paternal uncle, so give him permission.' So I said, 'Messenger of
Allah! The woman nursed me not the man.' He said, 'He is your paternal
uncle, so let him enter.' "

A'isha said, "That was after the
veil had been imposed on us."

A'isha added, "What is haram by
birth is made haram by suckling."

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-
Zubayr that A'isha umm al-muminin told him that Aflah, the brother of
Abu'l-Quays came and asked permission to visit her after the veil had
been lowered, and he was her paternal uncle by suckling. She said, "I
refusedto give him permission to enter. When the Messenger of Allah,
may Allah bless him and grant him peace, came, I told him about what I
had done, and he ordered me to give him permission to enter."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that
Abdullah ibn Abbas said, "The milk which a child under two years old
sucks, even if it is only one suck, makes the foster relatives haram."

Yahya related to me from Malik from Ibn Shihab from Amr ibn ash-
Sharid that Abdullah ibn Abbas was asked whether, if a man had two
wives, and one of them nursed a slave-boy, and the other had nursed a
slave-girl, could the slave-boy marry the slave-girl. He said, "No.
The husband is the same."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar
said, "There is no kinship by suckling except for a person who is
nursed when he is small. There is no kinship by suckling over the age
of two years."

Yahya related to me from Malik from Nafi that Salim ibn Abdullah
ibn Umar informed him that A'isha umm al-muminin sent him away while
he was being nursed to her sister Umm Kulthum bint Abi Bakr as-Siddiq
and said, "Suckle him ten times so that he can come in to see me."

Salim said, "Umm Kulthum nursed me three times and then fell
ill, so that she only nursed me three times. I could not go in to see
A'isha because Umm Kulthum did not finish for me the ten times."

Yahya related to me from Malik from Nafi that Safiyya bint Abi
Ubayd told him that Hafsa, umm al-muminin, sent Asim ibn Abdullah ibn
Sad to her sister Fatima bint Umar ibn al-Khattab for her to suckle
him ten times so that he could come in to see her. She did it, so he
used to come in to see her.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim
that his father told him that A'isha, the wife of the Prophet, may
Allah bless him and grant him peace, admitted those whom her sisters
and the daughters of her brother had nursed, and she did not admit
those who were nursed by the wives of her brothers.

Yahya related to me from Malik that Ibrahim ibn Uqba asked Said
ibn al-Musayyab about suckling. Said said, "All that occurs in the
first two years, even if it is only a drop, makes haram. Whatever is
after two years, is only food that is eaten."

Ibrahim ibn
Uqba said, ''Then I asked Urwa ibn az-Zubayr and he told me the same
as what Said ibn al-Musayyab said."

Yahya related to me from Malik that Yahya ibn Said said that he
heard Said ibn al-Musayyab say, "Suckling is only while the child is
in the cradle. If not, it does not cause flesh and blood relations."

Yahya related to me from Malik from Ibn Shihab that he said,
"Suckling however little or much, makes haram. Kinship by suckling
makes men mahram."

Yahya said that he had heard Malik say,
"Suckling, however little or much when it is in the first two years,
makes haram. As for what is after the first two years, little or much,
it does not make anything haram. It is like food."

Yahya related to me from Malik from Ibn Shihab that he was asked
about the suckling of an older person. He said, ''Urwa ibn az-Zubayr
informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the
companions of the Messenger of Allah, may Allah bless him and grant
him peace, who was present at Badr, adopted Salim (who is called
Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah
bless him and grant him peace, adopted Zayd ibn Haritha. He thought of
him as his son, and Abu Hudhayfa married him to his brother's sister,
Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among
the first emigrants. She was one of the best unmarried women of the
Quraysh. When Allah the Exalted sent down in His Book what He sent
down about Zayd ibn Haritha, 'Call them after their true fathers. That
is more equitable in the sight of Allah. If you do not know who their
fathers were then they are your brothers in the deen and your mawali,'
(Sura 33 ayat 5) people in this position were traced back to their
fathers. When the father was not known, they were traced to their
mawla.

"Sahla bint Suhayl who was the wife of Abu Hudhayfa,
and one of the tribe of Amr ibn Luayy, came to the Messenger of Allah,
may Allah bless him and grant him peace, and said, 'Messenger of
Allah! We think of Salim as a son and he comes in to see me while I am
uncovered. We only have one room, so what do you think about the
situation?' The Messenger of Allah, may Allah bless him and grant him
peace, said, 'Give him five drinks of your milk and he will be mahram
by it.' She then saw him as a foster son. A'isha umm al-muminin took
that as a precedent for whatever men she wanted to be able to come to
see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq
and the daughters of her brother to give milk to whichever men she
wanted to be able to come in to see her. The rest of the wives of the
Prophet, may Allah bless him and grant him peace, refused to let
anyone come in to them by such nursing. They said, 'No! By Allah! We
think that what the Messenger of Allah, may Allah bless him and grant
him peace, ordered Sahla bint Suhayl to do was only an indulgence
concerning the nursing of Salim alone. No! By Allah! No one will come
in upon us by such nursing!'

"This is what the wives of the
Prophet, may Allah bless him and grant him peace, thought about the
suckling of an older person."

Yahya related to me from Malik that Abdullah ibn Dinar said, "A
man came to Abdullah ibn Umar when I waswith him at the place where
judgments were given and asked him about the suckling of an older
person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab
and said, 'I have a slave-girl and I used to have intercourse with
her. My wife went to her and suckled her. When I went to the girl, my
wife told me to watch out, because she had suckled her!' Umar told him
to beat his wife and to go to his slave-girl because kinship by
suckling was only by the suckling of the young.' "

Yahya related to me from Malik from Yahya ibn Said that a man
said to Abu Musa al-Ashari, "I drank some milk from my wife's breasts
and it went into my stomach." Abu Musa said, "I can only but think
that she is haram for you." Abdullah ibn Masud said, "Look at what
opinion you are giving the man." Abu Musa said, "Then what do you
say?" Abdullah ibn Masud said, "There is only kinship by suckling in
the first two years."

Abu Musa said, "Do not ask me about
anything while this learned man is among you."

Yahya related to me from Malik from Abdullah ibn Dinar from
Sulayman ibn Yasar and from Urwa ibn az-Zubayr from A'isha umm al-
muminin, that the Messenger of Allah, may Allah bless him and grant
him peace, said, " What is haram by birth is haram by suckling."

Yahya related to me from Malik that Muhammad ibn Abd ar-Rahman
ibn Nawfal said, ''Urwa ibn az-Zubayr informed me from A'isha umm al-
muminin that Judama bint Wahb al-Asadiyya informed her that she heard
the Messenger of Allah, may Allah bless him and grant him peace, say,
'I intended to prohibit ghila but I remembered that the Greeks and
Persians do that without it causing any injury to their children.' "

Malik explained, "Ghila is that a man has intercourse with
his wife while she is suckling."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn
Hazm from Amra bint Abd ar-Rahman that A'isha, the wife of the
Prophet, may Allah bless him and grant him peace, said, "Amongst what
was sent down of the Qur'an was 'ten known sucklings make haram' -
then it was abrogated by 'five known sucklings'. When the Messenger of
Allah, may Allah bless him and grant him peace, died, it was what is
now recited of the Qur'an."

Yahya said that Malik said, "One
does not act on this."