hold that breastfeeding affects prohibitions arising through marriage obliges one to adopt the course of precaution. Thus we say: the wife’s mother is forbidden in marriage, following the majority, yet she must observe hijab before him, following Shaykh al-Islam Ibn Taymiyyah. This is because, if we say that she is forbidden to him according to the majority’s view, she need not observe hijab before him; whereas if we say that she is lawful for him according to the Shaykh’s view, she must observe hijab before him. So I apply both evidences and say: this is a matter of doubt, and whenever there is doubt in a matter, the course of precaution should be followed. Thus, we adopt the precaution stated by the majority—that marrying her is forbidden—and the precaution stated by Shaykh al-Islam—that hijab is obligatory.
This approach has a basis in the Sacred Law: the account of Sawdah bint Zam‘ah, may Allah be pleased with her, when Sa‘d ibn Abi Waqqas and ‘Abd ibn Zam‘ah, may Allah be pleased with them, disputed over a boy whom Sa‘d ibn Abi Waqqas claimed. He said, “He is the son of my brother, who entrusted him to me, so I want him.” ‘Abd ibn Zam‘ah said, “O Messenger of Allah, he is the son of my father’s slave woman; he was born upon his bed”—and it is well known that a child belongs to the owner of the bed if he claims him, even if we know with certainty that he was fathered by the fornicator. Sa‘d said, “O Messenger of Allah, look at the boy’s resemblance.” He looked at him and found a clear resemblance to ‘Utbah, indicating that he had been created from his semen. The Prophet, peace and blessings be upon him, then said: “The child belongs to the owner of the bed, and the fornicator receives the stone. And observe hijab from him, O Sawdah.” (1)
He thus ruled that the boy belonged to Zam‘ah as his son, while instructing Sawdah to observe hijab before him as a precaution, because he had seen a clear resemblance. In this way, the Prophet, peace and blessings be upon him, applied both considerations as a precaution.