If a wet nurse is hired specifically for nursing, does this contract automatically include custody (hadanah)?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two views on whether custody is included when the contract specifies only nursing. The first view, held by Abu Thawr and Ibn al-Mundhir, states that custody is not included because the contract did not explicitly cover it. The second view, held by the Companions of Abu Hanifa (Ashab al-Ra'y), maintains that custody is included because custom dictates that a wet nurse also cares for the child, thus interpreting the general term according to prevailing custom and habit. Scholars of the Shafi'i school also hold two equivalent views on this matter.