Who is the father of a child born to the wife of a missing person after she remarries, and who has the obligation to breastfeed?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 7 · Bab 1

Open in Qurani

Primary text

If she gives birth to a child whose conception could have occurred from the second husband, the paternity attaches to the second husband because she became his vessel (Farash). It is known the child is not from the first husband because she waited longer than the maximum pregnancy duration after the first husband's disappearance. Her Iddah from the second husband ends upon giving birth, as the child is his. She must provide the initial milk (Laba'a) because the child's body develops with it. If she returns to the first husband, he can prevent her from breastfeeding the child, similar to preventing breastfeeding of a non-related child, as this occupies her capacity for his rights. However, if she is compelled by necessity and the child's life is feared to be at risk, he cannot prevent the breastfeeding.

Supporting text

If she breastfeeds the child in the first husband's house, her maintenance is not forfeited because she remains under his control and custody. If she breastfeeds outside his house without his permission, she has no maintenance because she is disobedient (Nashiz). If she does so with his permission, the ruling follows the two established narrations regarding whether her traveling for necessity with his permission affects her maintenance.