Does nursing from a woman after her death establish the prohibition (Mahram)?
General Chapter
Al-Mughni
Book of Fosterage (Breastfeeding)
Primary text
The explicit ruling from Ahmad, in the narration of Ibrahim Al-Harbi, is that it spreads the prohibition, which is the preference of Abu Bakr, and the position of Abu Thawr, Al-Awza'i, Ibn Al-Qasim, the Ra'i scholars, and Ibn Al-Mundhir. The reasoning is that nursing occurred in a manner that causes flesh to grow and bones to strengthen from a woman, thus establishing prohibition, just as if she were alive. There is no difference between drinking it during her life and after her death, except for life and death or impurity, neither of which has an effect; the milk does not die, and impurity does not prevent the ruling, similar to milk drawn into an impure container. If the milk had been drawn while she was alive and drunk after her death, the prohibition would spread.
Supporting text
Ahmad hesitated on this issue in the narration of Muhanna. This is the madhab of Al-Shafi'i, because it is milk from one not entitled to propagate lineage (i.e., a woman whose milk results from an act other than legitimate suckling), so the prohibition does not attach, similar to the milk of a man.