What is the ruling regarding the milk of a divorced wife who remarries, concerning five specific scenarios?
General Chapter
Al-Mughni
Book of Fosterage (Breastfeeding)
Primary text
The milk remaining from the first husband is exclusively his if it remains unchanged, neither increasing nor decreasing, and the wife has not given birth to the second husband's child. There is no known dispute on this matter, as the milk originated with the first husband and nothing new necessitates attributing it elsewhere. If the wife does not conceive by the second husband, the milk belongs to the first husband, regardless of whether the quantity increased, decreased, stopped and returned, or did not stop. If the wife gives birth to the second husband's child, the milk belongs exclusively to the second husband. This is agreed upon by all scholars whose opinions I recall, including Abu Hanifa and Al-Shafi'i. Birth from the second husband terminates the milk of the first, as the need of the newborn child prevents the milk from belonging to another. If the first husband's milk remains but increases due to conception by the second husband, the milk belongs to both of them, according to the opinion of our associates. This is because the increase occurring with the new conception indicates it originates from the second union, while the remaining portion originates from the first, thus they share it. If the first husband's milk ceases but returns due to conception by the second husband, Abu Bakr holds that it belongs to both. Al-Khattab chose the opinion that it belongs to the second husband, as the first husband's milk had ceased, removing its ruling, and the return is attributed to the new conception, as if she had no milk from the first husband initially. Abu Hanifa holds it belongs to the first husband unless she gives birth to the second husband's child, arguing that conception itself does not necessitate milk; Allah creates it for the child when it exists due to need.
Supporting text
For the fourth scenario (milk partially from the first and increased by the second conception), Abu Hanifa states it belongs to the first husband until birth. Al-Shafi'i holds two opinions: if the pregnancy has not reached the stage where milk is secreted, it is for the first husband; if it has reached that stage and increased, there are two views—one holding it is for the first husband, and the second holding it is for both. For the fifth scenario (milk ceased but returned with the second conception), Al-Shafi'i has an opinion that it belongs to both if the pregnancy reaches the stage where milk is secreted, arguing the return is tied to the new pregnancy. Al-Shafi'i also holds a second opinion favoring the second husband, as in the case of initial cessation. Abu Hanifa holds a third opinion that it belongs to the first husband until birth, as conception itself does not create the milk.