Is it permissible for a man to hire his own wife for the nursing of the child she bore him?
General Chapter
Al-Mughni
Book of Leasing
Primary text
It is permissible for a man to hire his wife for the nursing of the child she bore him. This is the correct view in the madhhab of Ahmad. Al-Khiraqi stated that if the mother wishes to nurse the child for a wage commensurate with her status, she has a greater right to do so than others, whether she is currently married to the father or divorced. The evidence for permissibility is that any contract permissible with a non-husband is permissible with the husband, such as a sale. Furthermore, the benefits derived from her nursing and custody are not exclusively due to the husband, proven by the fact that he cannot compel her to care for their child, and she is permitted to accept compensation for it from others. Therefore, she is permitted to accept compensation from him, just as she would for the price of her property.
Supporting text
Al-Qadi stated that this is not permissible for the wife. This view was interpreted as applying when the mother is married to a second husband, which is also the position of the Ashab ar-Ra'y (Hanafi scholars). It is also narrated from Al-Shafi'i, based on the reasoning that the husband has already acquired the right to restrain her and enjoy her company in exchange for the marriage contract (mahr), and thus he should not be obligated to provide another compensation for the nursing benefit.