Does the lease contract for a wet nurse terminate upon her death?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The lease contract for a wet nurse is dissolved upon her death because the benefit (manfa'ah) ceases with the perishing of its subject matter. The deceased wet nurse's estate is liable for the agreed-upon wage for the duration of the child's nursing period, as this obligation is analogous to a debt. This view is supported by the reasoning that the subject of the contract has perished, similar to the case of a hired animal that perishes.

Supporting text

A narration attributed to Abu Bakr states that the contract is not dissolved, and the estate must pay the full due wage for the period the child was supposed to be nursed.