Azami 6696

Tirmidhi (1152) and Nasai in Kubra (5441) both narrated it from Qutayba, who said, "Abu Awana narrated to us, from Hisham bin Urwa, from his father, from Fatimah bint Munzir, from Umm Salama," and he mentioned it. Its isnad is sahih, and Ibn Hibban (4224) also graded it sahih, narrating it through another route from Abu Awana in a shortened form. Tirmidhi said, "This is a hasan sahih hadith. The practice among most scholars from the companions of the Prophet ﷺ and others is upon this, that breastfeeding only creates a prohibition if it occurs before two years of age, and whatever occurs after two complete years does not create any prohibition."Fatimah bint Munzir bin Zubayr bin Awwam is the wife of Hisham bin Urwa. But there is disagreement regarding Hisham bin Urwa's narration. Abu Awana narrated it from him in this way as a marfu narration, while Wahib, that is, bin Khalid bin Ajlan, differed from him, narrating it from Hisham with his isnad as a mawquf narration attributed to Umm Salama. Ishaq bin Rahawayh (4/175) narrated it from Makhzumi, who said, "Wahib narrated it to us" with this wording. Likewise, Yahya Qattan differed from him, narrating it from Hisham, from Yahya bin Abdul-Rahman, from Umm Salama, as a mawquf narration. Daraqutni mentioned it in Ilal (15/255) and said, "Yahya's statement is more likely correct."I say, Hisham bin Urwa had two teachers regarding this matter. One of them is Fatimah bint Munzir, his wife, and this is the marfu narration of Abu Awana, which is more likely correct because it comes from his narration from his own wife. But this is weakened by what Waheeb bin Khalid, who is also trustworthy, narrated as mawquf. Perhaps Fatimah bint Munzir narrated it once as marfu and once as mawquf, and the ruling goes to the addition.Ibn Hazm, in Muhalla (11/202), found fault with it due to a break between Fatimah bint Munzir and Umm Salama, saying, "Fatimah was born in the year 48 AH, and Umm Salama died in the year 59 AH." I say, this defect is not damaging, for Fatimah was 11 years old, and she was in Madinah, so their meeting is possible. As for the narration of Yahya Qattan, it contains Yahya bin Abdul-Rahman, whom I have not been able to identify, and there is also a break in the isnad, so it cannot be relied upon.Hakim and Ibn Qayyim also graded this hadith sahih, and Hafiz remained silent about it in Fath after quoting Tirmidhi's ruling that it is hasan sahih.His statement, "tears the intestines," means splitting them open, so that it enters and becomes nourishment for the child. His statement, "at the breast," means during the time of nursing. Hafiz bin Qayyim said in Zad (5/580), "This is a well-known usage among the Arabs, for the Arabs say, so-and-so died 'at the breast,' meaning during the time of nursing before weaning. This is the source of the well-known hadith, 'Ibrahim died at the breast, and he has a wet nurse in Paradise who will complete his nursing,' referring to Ibrahim, his son, may Allah's peace and blessings be upon him. They said, and this is confirmed by his statement, 'There is no breastfeeding except that which tears the intestines and occurs at the breast before weaning.'"On this subject there is also what was narrated from Ibn Abbas, who said, the Messenger of Allah ﷺ said, "There is no breastfeeding except what occurs within the two years." Daraqutni (4/174) and Bayhaqi (7/462) both narrated it from the hadith of Abu Walid bin Burd Antaki, who said, "Haytham bin Jameel narrated to us, who said, Sufyan narrated to us, from Amr bin Dinar, from Ibn Abbas," and he mentioned it. Daraqutni said, "No one narrated it as a connected marfu hadith from Ibn Uyayna except Haytham bin Jameel, who is trustworthy and a reliable memorizer." Bayhaqi quoted Ibn Adi as saying, "This is known through Haytham bin Jameel, from Ibn Uyayna, as a connected narration, while others besides Haytham stop it at Ibn Abbas." I say, it is as he said, for Saeed bin Mansur narrated it from Ibn Uyayna as mawquf. Haytham bin Jameel, even though he was trustworthy and a reliable memorizer as Daraqutni said, nevertheless erred in making this hadith marfu, and the correct position is that it should be stopped at Ibn Abbas.In the same meaning is what was narrated from Abu Hurairah, who said, the Messenger of Allah ﷺ said, "A single suckling or two sucklings do not create a prohibition through breastfeeding, and nothing creates a prohibition except that which tears the intestines." Bazzar, Kashf Astar (1444), and Bayhaqi (7/455) both narrated it from the hadith of Muhammad bin Ishaq, from Ibrahim bin Uqba, from Hajjaj bin Hajjaj, from Abu Hurairah, and he mentioned it. Bazzar said, "We do not know it with this wording except through this isnad. Hajjaj bin Hajjaj narrated from his father and from Abu Hurairah, and Urwa narrated from him, and he is well known." Bayhaqi said, "Zuhri and Hisham narrated it from Urwa as mawquf, attributed to Abu Hurairah, with part of its meaning."It has also been narrated through other routes weaker than this one. Among them is what Abu Hatim mentioned in Ilal (1/417), where he mentioned it through the route of Ibn Lahia, from Isa bin Abdul-Rahman Zarqi, from Zuhri, from Saeed bin Musayab, or Abu Salama, from Abu Hurairah, and he mentioned it. He said, "This is a baseless hadith, and this Isa, Abu Abbad, I do not know of any sahih hadith from him." Ibn Adi said, "He narrates unfamiliar reports from Zuhri."The jurisprudence of the hadith. It can be understood from the hadiths on this subject that five sucklings or more are what create the prohibition, and this is the position of Ahmad, Shafii, Ishaq, and most scholars of hadith. Ahmad said, "If someone adopts the view of Ayesha regarding five sucklings, it is a strong position."What is meant by five sucklings here is five instances of suckling. So if the child sucks the woman's breast, then leaves it by his own choice, this counts as one suckling. Then if he returns to it, this is a second suckling. Then he returns to sucking again, then leaves it to breathe or to move to the other breast, this counts as a third, and likewise for a fourth and a fifth. It does not mean, as some people understand, that being satiated in a single sitting counts as one suckling, even if the child sucked five times or more, for according to their view the child would need to be satiated five separate times, no matter how many individual sucklings occurred. Rather, the correct view is that what counts is the number of sucklings, not the number of times satiation occurs.This is the position given in a fatwa by the Permanent Committee for Islamic Rulings of Saudi Arabia, which stated, "If the milk reaches the child's stomach by means other than direct nursing, such as being dropped into his mouth or given to him to drink from a vessel or similar, its ruling is the same as that of nursing, on condition that this occurs five separate times. Even if satiation does not occur on some occasions, it still counts as one suckling, and this continues until five sucklings are completed. If even a single suckling is missing, it does not create a prohibition." The Committee also said, "It makes no difference whether the child nursed directly from the breast or drank it from a vessel, five separate portions." The Committee also said, "If there is doubt about the number of sucklings, whether they were five or fewer, the default assumption is that no prohibitive nursing occurred, so it does not create a prohibition." End of quote.The second view is that a single suckling creates a prohibition, based on the apparent meaning of the Quran in His statement, "and your sisters through nursing" [Nisa 4:23]. This is the view of Abu Hanifa and Malik, who held to the general wording of the hadith, "What is prohibited through lineage is prohibited through nursing," for this applies to a small amount just as it applies to a large amount, and the hadiths regarding five sucklings are an addition to the Quran. Among the Malikis, this view was reinforced by what was found to be the practice in Madinah, for Malik narrated from Urwa, Saeed bin Musayab, and Ibn Shihab that a single drop creates a prohibition. Malik said, "The practice is upon this, and practice takes precedence over a report." I say, all of this contradicts the sahih hadiths stating that the prohibition requires five sucklings, and whoever did not adopt this position was apparently unaware of these hadiths.The third view is that fewer than three sucklings do not create a prohibition, based on the statement of the Prophet ﷺ, "A single suckling or two sucklings do not create a prohibition." This is the view of Dawud Zahiri.The correct view is the first one, due to the existence of clear sahih evidence from the sahih sunnah, and this evidence does not constitute an addition to the Quran but rather specifies its general wording, just as is the case with the rulings on prayer, zakat, fasting, Hajj, and others. And success comes from Allah.