Is a wet nurse entitled to wages if she feeds the child milk from other sources instead of her own?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the wet nurse does not breastfeed the child but instead feeds it sheep's milk or other sustenance, she forfeits her wages because she has not fulfilled the contracted obligation. This is analogous to hiring someone to sew a garment and they fail to sew it.

Supporting text

The Companions of Opinion (Ashab al-Ra'y) hold that she is entitled to her wages because the child's nourishment was achieved through her action. The ruling favors the former position because she did not breastfeed the child, making it comparable to her feeding it sheep's milk.