What are the requirements for testimony regarding fosterage (Rada'a) to be accepted?
General Chapter
Al-Mughni
Book of Fosterage (Breastfeeding)
Primary text
Testimony regarding fosterage, which leads to prohibition, is not accepted unless it is explicit and detailed (mufassara). A witness stating merely, "I testify that this is her son through fosterage," is insufficient because people differ on the necessary amount of suckling required for prohibition (some prohibit with little, others only after two years). Therefore, the witness must specify the manner: testifying that this individual suckled from her breast five separate times, during which the milk reached his stomach, within the first two years. If the claim that the milk reached the stomach is questioned as unobservable, the ruling relies on the apparent evidence: observing the woman is lactating, the child attaches to the breast, and motions of sucking and swallowing occur. This strong presumption is accepted in lieu of direct observation, similar to witnessing ownership, establishing debt, or lineage by common knowledge.
Supporting text
If a witness merely states, "He put his head under her garments and suckled her breast," the testimony is not accepted because this action does not guarantee suckling occurred or that milk was swallowed. However, if the witness testifies, "I testify that this woman suckled this child," this suffices to establish the basic fact of fosterage, paralleling accepting a woman's statement that she breastfed two individuals.