What is the ruling if the nursing mother dies or her milk dries up during the stipulated period of suckling compensation?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If the nursing mother dies or her milk dries up, she owes the fair wage (ajr al-mithl) for the remainder of the period. The same ruling applies if the child dies. The basis for this is that the contract pertains to an act (milk provision) tied to a specific subject matter (the mother's act or the child's reception), and its cessation mandates compensation for the unfulfilled portion, just as in the case of a hired animal that dies. Furthermore, the benefit derived from the milk is estimated based on the child's need, which varies and is not fixed, preventing substitution by another party, either during the mother's life or after her death, unlike the lessee of a riding animal.
Supporting text
In one opinion, Al-Shafi'i states the contract is not dissolved; the husband must provide a similar child for the wife to nurse in his place, likening the child to the object being benefited from, not the object of the contract itself, similar to a hired animal that dies during usage. Another opinion from Malik suggests no return of compensation is due in this situation.