Question:
Assalamualaikum SS Datuk Dr Zulkifli, I want to ask regarding the calculation to nurse a child; is it according to the Hijri or Masehi (Gregorian) calendar? The reason is, I just adopted a little girl, according to the Hijri calendar on 17/11/2018 she would be two years old but if we follow the Gregorian calendar, she would only be two years old on 9/12/2018. Considering that my sister in law just gave birth, is there an opinion stating that the calculation can follow the Gregorian calendar? If there is such an opinion then I want to ask my sister in law to nurse (breastfeed) the little girl so that I can be a mahram for my adopted child.
Answer:
Waalaikumussalam wrt. wbt.
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Allah SWT states:
وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ ۚ
“Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period].”
Surah al-Baqarah (233)
The above verse mentioned the age limit fitam (فِطام) or the weaning from breastfeeding is two years old. This criterion is used to set the maximum age for being the mahram as a result of nursing. This is supported by another verse which states:
وَوَصَّيْنَا الْإِنسَانَ بِوَالِدَيْهِ حَمَلَتْهُ أُمُّهُ وَهْنًا عَلَىٰ وَهْنٍ وَفِصَالُهُ فِي عَامَيْنِ أَنِ اشْكُرْ لِي وَلِوَالِدَيْكَ إِلَيَّ الْمَصِيرُ
“And We have enjoined upon man [care] for his parents. His mother carried him, [increasing her] in weakness upon weakness, and his weaning is in two years. Be grateful to Me and to your parents; to Me is the [final] destination.”
Surah Luqman (14)
Imam Syafie explained in al-Umm (7/108) that syara’ uses the criterion of qamariyyah month or hilaliyyah in the determination of syarak rulings. The reason is, the month criterion according to the hilal (moon) is renowned for people and are used widely by the people at the time when the revelations were sent down compared to other systems, this also includes the calculation of the year for nursing. He supported this concept with the statement of Allah SWT:
يَسْأَلُونَكَ عَنِ الْأَهِلَّةِ ۖ قُلْ هِيَ مَوَاقِيتُ لِلنَّاسِ وَالْحَجِّ ۗ
They ask you, [O Muhammad], about the new moons. Say, "They are measurements of time for the people and for Hajj."
Surah al-Baqarah (189)
Thus, madhhab Syafie set the valid condition of mahram through nursing is the nursing of a child under 2 qamariyyah years. Imam al-Nawawi said:
وَيُعْتَبَرُ الْحَوْلَانِ بِالْأَهِلَّةِ
“The two years is according to the moon.”
Raudhah al-Tolibin (9/7)
The same is stated in a hadith narrated by al-Daraqutni, where the Prophet PBUH said:
لاَ رَضَاعَ إِلاَّ مَا كَانَ فِى الْحَوْلَيْنِ
“Nursing is under the age of two years old.”
Narrated by al-Daraqutni (4/174)
In another hadith from Ummu Salamah R.Anha, the Prophet PBUH said:
لاَ يُحَرِّمُ مِنَ الرَّضَاعَةِ إِلاَّ مَا فَتَقَ الأَمْعَاءَ فِى الثَّدْىِ وَكَانَ قَبْلَ الْفِطَامِ
"The suckling that makes marriage unlawful is that which reaches the intestines (i.e. nourishes the child), and is taken before (two years) time of weaning."
Sunan al-Tirmizi (1152)
The meaning of weaning is before the child reaches two years old as previously stated by Allah SWT.
The following hadith is from Aisyah R.Anha, she said:
أَنَّ النَّبِىَّ صَلَّى الله عَلَيْهِ وَسَلَّم دَخَلَ عَلَيْهَا وَعِنْدَهَا رَجُلٌ، فَكَأَنَّهُ تَغَيَّرَ وَجْهُهُ، كَأَنَّهُ كَرِهَ ذَلِكَ فَقَالَتْ: إِنَّهُ أَخِى. فَقَالَ: انْظُرْنَ مَا إِخْوَانُكُنَّ، فَإِنَّمَا الرَّضَاعَةُ مِنَ الْمَجَاعَةِ
That the Prophet (ﷺ) entered upon her while a man was sitting with her. Signs of the answer seemed to appear on his face as if he disliked that. She said, "Here is my (foster) brother." He said, "Be sure as to who is your foster brother, for foster suckling relationship is established only when milk is the only food of the child."
Sahih al-Bukhari (4814) and Sahih Muslim (1455)
According to the above statements, it is clear to us that among the valid conditions of mahram through nursing is the baby must be nursed under the age of two qamariyyah years.
This is the opinion of the majority of jurists of madhhab Syafie, Hanbali and Abu Yusuf as well as Muhammad al-Syaibani from madhhab Hanafi. While according to madhhab Maliki, they give a relaxation until two years and two months if the child did not stop nursing before two years old because the child has started eating other food. The same for Abu Hanifah who set the maximum age of two and a half years old. The evidence he supported his opinion with is a verse of the Quran:
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالَاتُكُمْ وَبَنَاتُ الْأَخِ وَبَنَاتُ الْأُخْتِ وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ
“Prohibited to you [for marriage] are your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your [milk] mothers who nursed you,”
Surah al-Nisa’ (23)
According to him, Allah SWT has set mahram through nursing is absolute without any consideration of the duration of nursing, except according to the evidence of the duration of nursing after two and half years is not what is meant here but thirty months according to the verse:
وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْرًا
“…and his gestation and weaning [period] is thirty months.”
Refer Bada’i` al-Sona’i` (4/6) by Imam al-Kasani
There is an opinion presented by Syeikh Ibn Taimiyyah from madhhab Hanbali that some salaf scholars such as Ummul Mukminin Aisyah, Atho’ and al-Laith said that nursing an individual of more than two years of age for the purpose of becoming a mahram on the condition that there is a necessity for it, for example he has taken care of the child since the child is a baby is permissible. This is according to a hadith from Aisyah R.Anha:
أَنَّ سَالِمًا مَوْلَى أَبِي حُذَيْفَةَ كَانَ مَعَ أَبِي حُذَيْفَةَ وَأَهْلِهِ فِي بَيْتِهِمْ فَأَتَتْ تَعْنِي ابْنَةَ سُهَيْلٍ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَتْ إِنَّ سَالِمًا قَدْ بَلَغَ مَا يَبْلُغُ الرِّجَالُ وَعَقَلَ مَا عَقَلُوا وَإِنَّهُ يَدْخُلُ عَلَيْنَا وَإِنِّي أَظُنُّ أَنَّ فِي نَفْسِ أَبِي حُذَيْفَةَ مِنْ ذَلِكَ شَيْئًا فَقَالَ لَهَا النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَرْضِعِيهِ تَحْرُمِي عَلَيْهِ وَيَذْهَبْ الَّذِي فِي نَفْسِ أَبِي حُذَيْفَةَ فَرَجَعَتْ فَقَالَتْ إِنِّي قَدْ أَرْضَعْتُهُ فَذَهَبَ الَّذِي فِي نَفْسِ أَبِي حُذَيْفَةَ
“Salim, the freed slave of Abu Hadhaifa, lived with him and his family in their house. She (i. e. the daughter of Suhail came to Allah's Apostle (ﷺ) and said: Salim has attained (purbety) as men attain, and he understands what they understand, and he enters our house freely, I, however, perceive that something (rankles) in the heart of Abu Hudhaifa, whereupon Allah's Apostle (ﷺ) said to her: Suckle him and you would become unlawful for him, and (the rankling) which Abu Hudhaifa feels in his heart will disappear. She returned and said: So, I suckled him, and what (was there) in the heart of Abu Hudhaifa disappeared.”
Sahih Muslim (2637)
It is stated in a narration of Imam Malik in al-Muwatto’ that the Prophet PBUH commented on the above issue saying:
أَرْضِعِيهِ خَمْسَ رَضَعَاتٍ، فَيَحْرُمُ بِلَبَنِهَا
“Give him five drinks of your milk and he will be mahram by it.”
Narrated by Malik (12)
While the argument of the majority of scholars as cited from Imam al-Nawawwi is as follows:
“The majority of scholars argued with the statement of Allah SWT:
وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ ۚ
“Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period].”
Surah al-Baqarah (233)
And with the hadith stated by Imam Muslim (as stated above) that nursing is only when the child is young and hungry and with another famous hadith and the majority of scholars stated that the above hadith of Sahlah is specific for his case and Salim. Imam Muslim also narrated that Umm Salamah and all the wives of the Prophet PBUH (except Aisyah) hold a different opinion than Aisyah on this matter. Wallahua’lam.
Refer al-Minhaj Syarh al-Nawawi `Ala Muslim (10/30-31)
According to the above discussion, we conclude that the scholars agreed that the calculation of the year for the rulings involving nursing is according to the lunar calendar (Hijriyyah) and not according to the solar calendar, whether it is the Gregorian calendar or others. While scholars have differing opinions regarding the determination of the age limit that prohibit marriage through nursing, whether it is two years old, two years and two months old or two and a half years old. Some scholars ruled it permissible for an age more than these when there is an exigent necessity. Hopefully, this explanation will give an answer to the questioner. Wallahua’lam.