who nursed is forfeited; for every separation caused by the wife before consummation results in the forfeiture of the dowry. This is according to the view that marital prohibitions through affinity are established by breastfeeding. But if we hold that such prohibitions are not established by breastfeeding, then the older woman becomes the nursing mother of his wife, and a wife’s nursing mother—according to the sound view—is not forbidden to him in marriage. Yet the issue of being married to both her and the girl remains, and this is not permissible, as mentioned previously.
His statement, “The same applies if she is a young child who crawls over and nurses from a sleeping woman,” means that the wife is a small infant in her cradle, while the husband’s sister is asleep. The child gets up and crawls until she takes the husband’s sister’s breast and nurses from her, thereby invalidating the marriage. Once she has nursed from his sister, he becomes her maternal uncle. Thus, the wife herself has invalidated the marriage, and her dowry of twenty thousand is waived for the husband, because the separation was caused by the wife.
If someone were to say, “The wife is a child and has no capacity to choose,” we reply: liability for damage is the same whether caused by a sane person or one who is not sane. Causing damage is a legal cause, and a legal cause does not require legal responsibility, as the scholars of legal theory have stated. Thus, if an insane person were to destroy someone’s property, we would hold him liable. Her dowry is therefore forfeited by her act, because she herself invalidated her marriage.
The jurists discuss such cases—even though they do not occur, or occur only rarely—in order to train the student to grasp legal questions. For who could imagine a man marrying a one-year-old child who is still nursing? Then, by Allah’s decree, this child crawls over and finds her sister-in-law’s breast exposed! Ordinarily, when a woman sleeps, she does not uncover her breast. Yet despite that, Allah’s decree came about, and this