Is a mother obligated to nurse her child?

Chapter on Who is More Entitled to Child Custody

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 1 · Bab 3

Open in Qurani

Primary text

The father has no right to compel his mother to nurse their child, regardless of her social standing (lowly or noble), whether she is married to him or divorced. This is supported by the understanding that compulsion in nursing is not for the right of the husband, as he cannot compel her to nurse his child by another woman or compel her service regarding his own needs. It is also not for the right of the child, because if it were solely for the child's right, it would remain obligatory even after separation, similar to other obligations a father owes his child, like maintenance. Furthermore, compulsion is not established by combining the rights of both parties where there is no inherent compatibility for such an obligation. The primary evidence is the verse stating, "But if they both desire weaning by mutual consent and consultation, there is no blame upon them; and if you wish to hire a suckler for your offspring, there is no blame upon you after you settle what is agreed upon in a fair manner" (Quran 2:233, implicitly by context of finding an alternative) and the verse, "And if they mutually agree upon weaning, after consultation, there is no blame upon them. But if you wish to seek a suckler for your children, there is no blame upon you, provided you give what you have agreed upon in an acceptable manner" (Quran 65:6), which implies that if they disagree (ta'asur), another woman shall suckle the child.

Supporting text

Ibn Abi Layla and Al-Hasan ibn Salih, along with Abu Thawr and one narration from Malik, hold that the father may compel the mother to nurse, basing this on the verse: "The mothers shall give suck to their offspring for two whole years for those who wish to complete the period of nursing" (Quran 2:233). Imam Malik's well-known position is that if the mother is noble and it is not customary for women of her standing to nurse their own children, she is not compelled; however, if she is accustomed to nursing, she is compelled.