Does milk produced by a woman without sexual intercourse establish kinship prohibitions upon nursing an infant?
General Chapter
Al-Mughni
Book of Fosterage (Breastfeeding)
Primary text
If milk is produced by a woman without prior sexual intercourse and she nurses an infant with it, the kinship prohibition is established, according to the more sound of two narrations. This is the position of Ibn Hamid, the Madhhab of Malik, Al-Thawri, Al-Shafi'i, Abu Thawr, the Ashab al-Ra'y, and everyone reported by Ibn al-Mundhir. The evidence is the statement of Allah the Almighty: {And your mothers who have suckled you} (Quran 4:23). The reasoning is that it is a woman's milk, so prohibition is attached, just as if it had resulted from intercourse. Furthermore, women's milk is created for infant nourishment, and although this specific instance is rare, the nature of the milk is common for this purpose.
Supporting text
The second narration holds that prohibition is not established because the occurrence is rare and not accustomed for infant feeding, making it analogous to men's milk. However, the first opinion is considered more correct.