the bones and occurs before weaning.” (1) It does not say, “and occurs within the two years.”
As for rational consideration: if the child is nourished by something other than milk—namely, ordinary food—what difference is there between one who is within the two years and one who is beyond them? Both children have no need of milk. Suppose he nurses four times up until the morning of the thirtieth of Dhu al-Hijjah in the second year, then, when Muharram begins, nurses a fifth time. According to those who hold that the determining factor is the two-year period, does this establish the legal effect or not? It does not. But what difference is there between this and nursing one hour earlier?
Then what difference is there between a child who was weaned after the first year and began eating food, and another child who is eating food in his third year? There is no difference.
Thus, the stronger view is that the determining factor is weaning, whether it occurs before or after two years. If, for example, this child’s development were weak and he continued to be nourished by milk until he completed three years, then nursing in his third year would establish the legal effect according to the stronger view. But according to those who say that the determining factor is the two-year period, his nursing would have no legal effect. And if we suppose that a child was weaned after his first year and began eating food, then we had him nurse in the second year, would that nursing establish unmarriageability or not? According to the view that it has legal effect only within the two years, it would establish the legal effect; according to the second view, which we have deemed stronger, it would not.
In short, nursing that establishes unmarriageability must occur within a specified period: either within the two years, as the author has maintained, or before weaning, according to the stronger view.
The second view is that nursing establishes unmarriageability even if the person is sixty