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Mahram by Breastfeeding: Difference between revisions
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==Definition== | ==Definition== | ||
Mahramiyya by breastfeeding is a kind of relationship that is created by a baby being breastfed by a woman. In the jurisprudential literature, the baby who is breastfed by a woman other than his or her "birth mother" is called "murtadi'" (Arabic: {{ia|مُرْتَضِع}}), the woman is called "murḍi'a" (Arabic: {{ia|مُرْضِعَة}}), and the man from whom the breastfeeding woman became pregnant is called "ṣāḥib al-laban" (Arabic: {{ia|صاحِب اللَبَن}}, literally: the owner of the milk). Mahrams by breastfeeding is discussed under the section of [[marriage]] in books of [[fiqh]]. | Mahramiyya by breastfeeding is a kind of relationship that is created by a baby being breastfed by a woman. In the jurisprudential literature, the baby who is breastfed by a woman other than his or her "birth mother" is called "murtadi'" (Arabic: {{ia|مُرْتَضِع}}), the woman is called "murḍi'a" (Arabic: {{ia|مُرْضِعَة}}), and the man from whom the breastfeeding woman became pregnant is called "ṣāḥib al-laban" (Arabic: {{ia|صاحِب اللَبَن}}, literally: the owner of the milk).<ref>See: Ṭūsī, ''al-Khilāf'', vol. 5, p. 93.</ref> Mahrams by breastfeeding is discussed under the section of [[marriage]] in books of [[fiqh]]. | ||
==Conditions== | ==Conditions== | ||
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* The baby should only be breastfed by one woman. | * The baby should only be breastfed by one woman. | ||
* The baby should intake the breast milk continuously (without any interval by foods or another woman's breast milk). | * The baby should intake the breast milk continuously (without any interval by foods or another woman's breast milk). | ||
* The baby should intake a sufficient amount of the breast milk.{{enote|There is a disagreement among jurists as to the amount of the breast milk sufficient for mahramiyya. The majority of jurists maintain that the baby should be breastfed at least 10 or 15 times. Others hold that the baby should be breastfed in the amount that is enough for the growth of flesh in his or her body and the strengthening of his or her bones. Others believe that the amount of breastfeeding required for mahramiyya is a span of one day and night.}} | * The baby should intake a sufficient amount of the breast milk.<ref>Ḥillī, ''Sharāʾiʿ al-Islām'', vol. 2, p. 226-228; Najafī, ''Jawāhir al-kalām'', vol. 29, p. 264-309.</ref>{{enote|There is a disagreement among jurists as to the amount of the breast milk sufficient for mahramiyya. The majority of jurists maintain that the baby should be breastfed at least 10 or 15 times. Others hold that the baby should be breastfed in the amount that is enough for the growth of flesh in his or her body and the strengthening of his or her bones. Others believe that the amount of breastfeeding required for mahramiyya is a span of one day and night.}} | ||
==The Sunni View== | ==The Sunni View== | ||
[[Sunni]] jurists accept mahramiyya by virtue of breastfeeding, but they disagree with the [[Imamiyya]] in some of its conditions. According to the [[Four Sunni Sects]], it is not required that the baby directly intakes the breast milk with his or her mouth. Thus, in whatever way the baby intakes the breast milk, he or she will become mahram. | [[Sunni]] jurists accept mahramiyya by virtue of breastfeeding, but they disagree with the [[Imamiyya]] in some of its conditions. According to the [[Four Sunni Sects]], it is not required that the baby directly intakes the breast milk with his or her mouth. Thus, in whatever way the baby intakes the breast milk, he or she will become mahram. | ||
According to [[Shafi'i]] and [[Hanbali]] scholars, mahramiyya is obtained by 5 times of breastfeeding, and according to [[Hanafi]] and [[Maliki]] scholars, it is obtained by an amount that ordinarily counts as breastfeeding. Hanafis take the maximum age for mahramiyya by breastfeeding to be two and a half years, but Shafi'is and Hanbalis take it to be two years. Also, Hanafis and Malikis do not require that the breastfeeding mother be alive at the time of breastfeeding, unlike Shafi'is. | According to [[Shafi'i]] and [[Hanbali]] scholars, mahramiyya is obtained by 5 times of breastfeeding, and according to [[Hanafi]] and [[Maliki]] scholars, it is obtained by an amount that ordinarily counts as breastfeeding. Hanafis take the maximum age for mahramiyya by breastfeeding to be two and a half years, but Shafi'is and Hanbalis take it to be two years. Also, Hanafis and Malikis do not require that the breastfeeding mother be alive at the time of breastfeeding, unlike Shafi'is.<ref>Jazīrī, ''al-Fiqh ʿalā l-madhāib al-arbaʿa'', vol. 4, p. 324.</ref> | ||
==Mahrams by Breastfeeding== | ==Mahrams by Breastfeeding== | ||
According to a [[hadith]] from [[Imam al-Sadiq (a)]], people who became mahrams through [[marriage]] can become mahrams through breastfeeding as well. Breastfeeding leads to mahramiyya of the baby and his or her progeny with the breastfeeding woman and her husband—the owner of milk. | According to a [[hadith]] from [[Imam al-Sadiq (a)]], people who became mahrams through [[marriage]] can become mahrams through breastfeeding as well.<ref>Kulaynī, ''al-Kāfī'', vol. 5, p. 437.</ref> Breastfeeding leads to mahramiyya of the baby and his or her progeny with the breastfeeding woman and her husband—the owner of milk. | ||
The baby who is breastfed by a woman becomes mahram with the following people: | The baby who is breastfed by a woman becomes mahram with the following people: | ||
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* Maternal uncles and aunts of the breastfeeding parents. | * Maternal uncles and aunts of the breastfeeding parents. | ||
Shiite jurists did not distinguish between children of the breastfeeding father by blood and those by breastfeeding, but some of them denied the mahramiyya of the breastfeeding mother's children by breastfeeding. They hold that the baby becomes mahram only with the breastfeeding mother's children by blood.{{enote|According to Shiite jurists, a baby's birth father cannot marry the breastfeeding father's children by blood, neither with his children by breastfeeding, as he cannot marry the breastfeeding mother's children by blood. Also, the majority of jurists permit marriage between other children of the birth father of the breastfed baby and the children of the breastfeeding parents.}} | Shiite jurists did not distinguish between children of the breastfeeding father by blood and those by breastfeeding, but some of them denied the mahramiyya of the breastfeeding mother's children by breastfeeding. They hold that the baby becomes mahram only with the breastfeeding mother's children by blood.<ref>Ḥillī, ''Tabṣirat al-mutaʿallimīn'', p. 137.</ref>{{enote|According to Shiite jurists, a baby's birth father cannot marry the breastfeeding father's children by blood, neither with his children by breastfeeding, as he cannot marry the breastfeeding mother's children by blood. Also, the majority of jurists permit marriage between other children of the birth father of the breastfed baby and the children of the breastfeeding parents.}} | ||
==Adult Breastfeeding== | ==Adult Breastfeeding== | ||
Adult breastfeeding (rida' al-kabir) refers to an adult or mature man's direct intake of a non-mahram woman's breast milk with his mouth. Some [[zahirist]] Sunni scholars, such as Ibn Hazm, appealed to a [[hadith]] by [['A'isha]] cited in Sunni sources of hadiths to show that adult breastfeeding leads to mahramiyya. However, Shiite scholars and the majority of Sunni scholars take adult breastfeeding to be [[Haram|forbidden]], holding that it does not lead to [[mahramiyya]]. | Adult breastfeeding (rida' al-kabir) refers to an adult or mature man's direct intake of a non-mahram woman's breast milk with his mouth. Some [[zahirist]] Sunni scholars, such as Ibn Hazm, appealed to a [[hadith]] by [['A'isha]] cited in Sunni sources of hadiths<ref>Ibn Māja, ''Sunan'', vol. 1, p. 625.</ref> to show that adult breastfeeding leads to mahramiyya.<ref>Ibn Ḥazm, ''al-Muḥallā bi-l-āthār'', vol. 10, p. 8-9, 17.</ref> However, Shiite scholars<ref>Ḥillī, ''Sharāʾiʿ al-Islām'', vol. 2, p. 226-228; Najafī, ''Jawāhir al-kalām'', vol. 29, p. 264.</ref> and the majority of Sunni scholars take adult breastfeeding to be [[Haram|forbidden]], holding that it does not lead to [[mahramiyya]].<ref>Qurṭubī, ''Tafsīr al-Qurṭubī'', vol. 16, p. 193; Ibn Ḥazm, ''al-Muḥallā bi-l-āthār'', vol. 10, p. 8-9, 17.</ref> | ||
==Notes== | ==Notes== | ||
{{notes}} | {{notes}} | ||
==References== | ==References== | ||
{{ref}} | |||
*Ḥillī, Jaʿfar b. al-Ḥusayn al-. ''Sharāʾiʿ al-Islām fī masāʾil al-ḥalāl wa l-ḥarām''. Edited by ʿAbd al-Ḥusayn Muḥammad ʿAlī Baqāl. Qom: Muʾassisa-yi Ismāʿīlīyān, 1408 AH. | |||
*Ḥillī, Ḥasan b. Yūsuf al-. ''Tabṣirat al-mutaʿallimīn fī aḥkām al-dīn''. Edited by Muḥammad Hādī Yūsifī Gharawī. Tehran: Wizārat-i Farhag wa Irshād-i Islāmī, 1411 AH. | |||
*Ibn Māja, Muḥammad b. Yazīd. ''Sunan''. Edited by Muḥammad Fuʾād ʿAbd al-Bāqī. Beirut: Dār al-Fikr, [n.d]. | |||
*Jazīrī, ʿAbd al-Raḥmān al- & et. al. ''Al-Fiqh ʿalā l-madhāib al-arbaʿa wa madhhab Ahl al-Bayt''. Beirut: Dār al-Thaqalayn, 1419 AH. | |||
*Kulaynī, Muḥammad b. Yaʿqūb al-. ''Al-Kāfī''. Edited by ʿAlī Akbar Ghaffārī & Muḥammad Ākhūndī. Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH. | |||
*Mālik b. Anas. ''Al-Muwaṭṭaʾ''. Edited by Muḥammad Fuʾād ʿAbd al-Bāqī. Beirut: Dār Iḥyāʾ al-ʿArabī. 1406 AH. | |||
*Najafī, Muḥammad Ḥasan al-. ''Jawāhir al-kalām''. Edited by ʿAbbās Qūchānī & ʿAlī Ākhūndī. Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1404 AH. | |||
*Qurṭubī, Muḥammad b. Aḥmad al-. ''Tafsīr al-Qurṭubī''. Edited by Aḥmad ʿAbd al-ʿAlīm Bardūnī. Beirut: Dār Iḥyāʾ al-ʿArabī, 1405 AH. | |||
*Ṭūsī, Muḥammad b. al-Ḥasan al-. ''Al-Khilāf''. Edited by Khurasānī. Qom: Daftar-i Intishārāt-i Islamī, 1407 AH. | |||
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