What are the legal implications of establishing prohibition through nursing (milk of the stallion)?

General Chapter

Al-Mughni

Book of Fosterage (Breastfeeding)

Book 45 · Issue 7 · Bab 1

Open in Qurani

Primary text

When a woman conceives from a man and milk results, and she nurses a child with it establishing a prohibited nursing relationship, the nursed child becomes the son of the wet nurse without disagreement, and also the son of the man to whom the pregnancy is attributed, making him their son regarding prohibition and permissibility of seclusion. All their children, male and female, become their grandchildren. All children of the wet nurse from her husband or others, and all children of the man attributed the pregnancy from the wet nurse or others, are brothers and sisters to the nursed child. The children of her children are the children of his brothers and sisters, descending in rank. The mother of the wet nurse is his grandmother, her father is his grandfather, her brothers are his maternal uncles, and her sisters are his maternal aunts. Similarly, the man's father is his grandfather, his mother is his grandmother, his brothers are his paternal uncles, and his sisters are his paternal aunts. All their relatives are related to the nursed child as they would be related by lineage, because the milk that resulted for the woman was created from the man's and the woman's semen, spreading prohibition to both of them and to the man and his relatives. This is termed the milk of the stallion (laban al-fahl).

Supporting text

There is disagreement regarding prohibition by the milk of the stallion, which was mentioned in the chapter on who is prohibited in marriage, combining them, and the decisive proof therein. This is based on the Hadith of Aisha where the Prophet (PBUH) allowed Uflah, the brother of Abu Al-Quays, to enter upon her because he was her nursing uncle, even though the woman who nursed her was the wife of Abu Al-Quays, not Abu Al-Quays himself. Aisha acted upon this, stating: 'Prohibit by nursing what is prohibited by lineage.' Ibn Abbas ruled concerning two wives of one man, one nursing a female and the other a male, that the male cannot marry the female because the seminal origin (Al-Luqah) is one. Malik noted old disagreement regarding nursing attributed to the father, with some men in Medina separating from their wives based on differing rulings on this matter.