Third: if he is not weaned until he is two years and five months old, then according to the view that the determining factor is two years, nursing has no legal effect; but according to the view that the determining factor is weaning, nursing after two years is effective. The matter is clear.
Is the nursing of an adult legally effective? Some scholars say that it is effective, even if he is over two, three, or ten years old. They cite as evidence the general purport of Allah’s saying: “And your mothers who nursed you” [al-Nisa’ 4:23]. Based on this, we must warn certain husbands who suckle at their wives’ breasts—this does occur, and we are asked about it—because, owing to the great luxury people now enjoy, they seek pleasure with women in every way. According to this view, she becomes his foster mother, and the marriage is thereby annulled: luxury turns into ruin. He seeks to indulge himself through this, but afterward comes separation.
If we were to accept this view—which is a weak, discarded opinion that carries no weight, though there is no harm in mentioning it—a clever woman who did not want her husband could devise a scheme against him: she could give him her milk for five days, as though it were from the teat of a sheep, and once the fifth day was complete, say to him, “Farewell!”
In any case, this is a discarded view and carries no weight, because the sunnah must qualify the Quran. Allah, Exalted is He, says: “And obey Allah and the Messenger so that you may be shown mercy.” [Al ‘Imran 3:132] A person cannot attain Allah’s mercy unless he obeys Allah and obeys His Messenger, peace and blessings be upon him. The sunnah consists of the Prophet’s statements, actions, and tacit approvals.
Is it a condition that this milk must have resulted—meaning, accumulated—from pregnancy, or is that not a condition?