Al-Baqarah: 233
"The mothers shall nurse their children..."
- "Nurse" (yurḍiʿna): Like "they wait" (yatarabbaṣna), it is a declarative statement in the sense of an emphatic command.
- "Complete" (kāmilayn): An emphatic, like His saying: "That is ten complete" (2:196). It is a matter of common usage; you say, "I stayed with so-and-so for two years," even if you did not complete them.
- Ibn Abbas (may Allah be pleased with them) recited: an yukmila al-raḍāʿah (that he completes the nursing). It is also recited as al-riḍāʿah (with a kasra on the rāʾ), al-ruḍʿah, an tutimma al-raḍāʿah, and an yutimma al-raḍāʿah (with the verb in the nominative), treating an like mā due to their similarity in interpretation.
If you ask: How does "for whoever wishes" connect to what precedes it?
I say: It is an explanation of whom the ruling is directed toward, like His saying: "Come here (hayta laka)" (12:23). "For you" (laka) explains the one to whom the call is directed. That is: this ruling is for whoever wishes to complete the nursing.
- Qatada said: "Two full years," then Allah revealed ease and mitigation, saying: "For whoever wishes to complete the nursing," meaning that a reduction is permissible.
- Al-Hasan said: This is not a fixed time that cannot be reduced, provided there is no harm in weaning.
- It is said the lām (in li-man) relates to "nurse" (yurḍiʿna), as you say: "So-and-so nursed her child for so-and-so." Meaning: They nurse for two years for those fathers who wish to complete the nursing. For it is the father who is obligated to nurse the child, not the mother; he must hire a wet nurse unless the mother volunteers, which is recommended for her, but she is not compelled.
- According to Abu Hanifa (may Allah have mercy on him), it is not permissible to hire the mother as long as she is a wife or in her waiting period (ʿidda) from a marriage. According to Al-Shafiʿi, it is permissible. Once her waiting period ends, it is permissible by consensus.
If you ask: Why are mothers commanded to nurse their children?
I say: It is either a command of recommendation, or an obligation if the infant will not accept any breast but its mother's, or if no wet nurse is found, or if the father is unable to hire one. It is also said that "mothers" refers to divorced mothers, and the obligation of maintenance and clothing is for the sake of nursing.
- "And upon the one to whom the child is born" (wa-ʿalā al-mawlūdi lahu): Meaning the father. "For him" (lahu) is in the nominative position as the agent, like "upon them" (ʿalayhim) in "those upon whom is the wrath" (1:7).
- If you ask: Why is it said "the one to whom the child is born" (al-mawlūdu lahu) instead of "the father"?
- I say: So it may be known that the mothers only gave birth for them, because children belong to the fathers—which is why they are attributed to them, not to the mothers. Al-Ma'mun ibn al-Rashid recited: "For the mothers of people are but vessels / deposited, and the children belong to the fathers."
- Thus, it is upon them to provide for them and clothe them if they nurse their child, just as they would for hired wet nurses. Note that He mentions him by the name "father" when this meaning is absent, as in: "No father shall avail his child, nor shall a child avail his father anything" (31:33).
- "According to what is reasonable" (bi-l-maʿrūf): Its interpretation follows it: that neither of them be burdened with what is beyond their capacity, and that they do not harm one another.
- It is recited as lā tukallaf (passive) and lā nukallifu al-anʿām (with the nūn).
- It is recited as lā tuḍārra (nominative), as a report. It could be active or passive.
- Most reciters read lā tuḍārra (with a fatha). Al-Hasan read it with a kasra as a prohibition.
- The meaning is: A mother shall not be harmed by her husband because of her child—by him being harsh to her, demanding unreasonable maintenance or clothing, occupying her heart with neglect regarding the child, or saying after the child has become attached to her, "Find him a wet nurse," and so on. And the father shall not be harmed by his wife because of the child—by her withholding from him his rights, or taking the child from him while she wishes to nurse it, or forcing her to nurse.
- If it is passive, it is a prohibition against the husband causing her harm, or her causing him harm. It is also possible that tuḍārra means "to harm" (taḍurru), and the bāʾ is connected to it; meaning: a mother shall not harm her child by failing to feed or care for it, or by handing it over to the father after it has become attached to her. And the father shall not harm it by snatching it from her hands or falling short in her rights, causing her to fall short in the child's rights.
- If you ask: Why is it said "her child" (bi-waladihā) and "his child" (bi-waladihi)?
- I say: When the woman was forbidden from causing harm, the child was attributed to her to evoke her affection for it, showing it is not a stranger to her. It is her right to be compassionate toward it, and likewise for the father.
- "And upon the heir" (wa-ʿalā al-wārith): This is a conjunction to "And upon the one to whom the child is born is their provision and clothing." What is between them is an explanation of "the reasonable," intervening between the conjunction and the conjoined. The meaning is: upon the heir of the father is the same as what was obligated upon him regarding provision and clothing. If the father dies, his heir must take his place in providing for her and clothing her, under the stated condition of "the reasonable" and avoiding harm.
- It is said: It is the heir of the child, who would inherit from the child if the child died. There is disagreement: Ibn Abi Layla says anyone who inherits from him; Abu Hanifa says any prohibited relative (maḥram); Al-Shafiʿi says there is no maintenance except for the child; others say the agnatic heirs (ʿaṣaba) like the grandfather, brother, nephew, uncle, and cousin.
- It is said: It refers to the heir of the father, which is the child himself. If his father dies and he inherits, the nursing wage becomes due from his wealth if he has any. If he has no wealth, the mother is compelled to nurse him.
- "If they both desire weaning" (fa-in arādā fiṣālan): Arising from mutual consent and consultation, there is no blame upon them in that, whether they exceed two years or fall short. This is an expansion after the limitation.
- It is said: This is within the limit of two years, not exceeding it. Mutual consent and consultation are considered because, as for the father, there is no dispute, and as for the mother, she is more entitled to the upbringing and knows the child's condition better.
- It is recited as in usturḍiʿa (if a wet nurse is sought), derived from arḍaʿa.
- "If you hand over" (idhā sallamtum): To the wet nurses.
- "What you intend" (mā ātaytum): What you intend to give.
- It is also recited as mā ātaytum (from ātā ilayhi iḥsānan—to do a favor).
- Shayban narrated from ʿAsim: mā ūtītum (what Allah has given you and enabled you with, of wages and the like).
- Handing over is not a condition for validity, but a recommendation for what is best. It is also an encouragement to give the wet nurse the best of what is available so she is pleased, which leads to the welfare of the child. Thus, we are commanded to give it promptly, hand-to-hand.
- "According to what is reasonable" (bi-l-maʿrūf): Relates to "hand over." They are commanded to be cheerful-faced when handing over the wage, speaking kind words, and comforting the wet nurses as much as possible so that their negligence is prevented by cutting off their excuses.