Conditions of breastfeeding which establishes the mahram relationship
Answer
Praise be to Allah.
In order to establish the mahram relationship on the basis of breastfeeding, the following conditions must be met:
The first condition:
There must be five or more breastfeedings, and no less than that. This is the correct view according to the madhhab of Imam Ahmad.
Ibn Qudaamah (may Allah have mercy on him) said:
Abu’l-Qaasim (may Allah have mercy on him) said: The (number of) breastfeedings concerning which there is no doubt that it establishes the mahram relationship is five or more.
Concerning this matter there are two issues:
That on which establishing the mahram relationship depends is five breastfeedings or more. This is the correct view according to our madhhab. That was narrated from ‘Aa’ishah, Ibn Mas‘ood, Ibn az-Zubayr, ‘Ataa’, and Taawoos. It is the view of ash-Shaafa‘i…
End quote from al-Mughni (11/310).
The evidence for this is the hadith of ‘Aa’ishah, in which she said: Among the things that were revealed of the Qur’an was that ten definite breastfeedings make a person a mahram, then that was abrogated and replaced with five definite breastfeedings, and the Messenger of Allah (blessings and peace of Allah be upon him) passed away when this was among the things that were recited of the Qur’an. Narrated by Muslim (1452).
An-Nawawi (may Allah have mercy on him) said:
What is meant is that the abrogation and replacement of the ruling with five breastfeedings came very late, to the extent that when the Prophet (blessings and peace of Allah be upon him) died, some people were reciting five breastfeedings and regarding that as part of the Qur’an, because news of the abrogation had not yet reached them as it was so recent. When news of the abrogation reach them after that, they stopped reciting that, and became unanimously agreed that this is not to be recited as part of the Qur’an.
Abrogation is of three types, one of which is where both the ruling and the recitation are abrogated, as in the case of the ten breastfeedings. The second type is where the recitation is abrogated but the ruling still stands, as in the case of five breastfeedings… End quote from Sharh Saheeh Muslim (10/20).
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