What is the subject matter of a contract regarding breastfeeding (Rada')?
General Chapter
Al-Mughni
Book of Leasing
Primary text
One view maintains that the subject matter of the contract is the service (*khidmah*) related to the child, which includes carrying him and placing the breast in his mouth, with the milk being incidental, similar to the dye in a dyer's contract or well water in a house lease. This position holds that milk, being a physical substance (*ayn*), cannot be the object of an agreed-upon rent, unlike milk from non-human sources. The basis for this is that milk is an existing entity, and thus cannot be contracted upon in an *ijarah* (lease/hire contract).
Supporting text
Another view asserts that the subject matter is the milk itself. This opinion is considered more plausible because milk is the primary objective, not the service. Evidence for this is that if a wet nurse nurses without providing service, she is entitled to the wage, but if she provides service without nursing, she is not entitled to anything. Furthermore, Allah the Almighty stated: "But if they give suck for you, then give them their recompense" (Quran 65:6), making the recompense dependent upon the nursing, indicating it is the contracted subject. Additionally, if the contract were for service, she would not be obliged to provide her milk.