ask about such breastfeeding, we say: “How many times did he nurse?” They reply, “We do not know.” The answer is: no prohibition is established, and the child is not considered her child unless we are certain that he nursed five times.
His statement, “or if the nursing woman herself is uncertain,” means that she is uncertain whether the breastfeeding occurred or whether it was complete. Here, the uncertainty is not on the part of the child’s family, but on the part of the nursing woman herself. She says, “I do not know whether I nursed him or not.” This is one scenario. The second is that she says, “Yes, I nursed him, but I do not know whether I nursed him five times or fewer.” In both cases, no prohibition is established; that is, the child does not become her child.
His statement, “and there is no evidence”: if evidence is found, then the ruling is established accordingly. For example, if we are uncertain whether this child nursed from this woman or not, and a witness comes and says, “I testify that this child nursed from this woman five times,” then the prohibition is established, because evidence has been produced. Or if we are uncertain whether he nursed five times or fewer, and someone says, “I testify that he nursed five times,” then the prohibition is established.
But what constitutes evidence here? The well-known position in the Hanbali school is that the evidence is one trustworthy woman, whether she testifies concerning her own act or the act of someone else. Thus, if there is a woman whose religious commitment and reliability of memory are trusted, the prohibition is established. The proof for this is that a man sought the Prophet’s ﷺ legal verdict concerning his wife after a woman said that she had nursed them both—that is, the husband and wife. The Prophet ﷺ said: “How can you keep her when it has been said?” (1) That is, how can you keep her as your wife when it has been said that she nursed with you? This indicates that the evidence of one trustworthy woman is sufficient. They also cited the fact that this is generally something known only to women, so the testimony of one woman is deemed sufficient.