For example: a wealthy man has a nursing infant brother who possesses no wealth and needs a wet nurse. The wealthy brother is therefore obliged to provide for this wet nurse by paying her nursing fee. However, the author says: “for two years.”
The apparent meaning of the author’s words is that this applies even if the infant needs more than that. The evidence is the saying of Allah, Most High:
“Mothers may breastfeed their children for two complete years—for those who wish to complete the term of nursing. The father is responsible for their provision and clothing according to what is customary.” [al-Baqarah 2:233]
The correct view in this matter is to say: like a wet nurse for as long as the child needs her, rather than for two years. Some children are not satisfied with nursing for two years, while others are satisfied with a year and a half; thus, they differ. The sound ruling is that the matter here is contingent upon the infant’s need. So long as the infant needs a wet nurse, the one responsible for his maintenance must provide for the child, either by paying a fee or by directly providing maintenance.
No maintenance is due where there is a difference of religion, except by reason of the bond of manumission. The father must arrange for his child to be nursed and pay the fee. He may not prevent the child’s mother from nursing him, though she is not obliged to do so except out of necessity, such as fear that the child may perish. She may demand the customary wage, even if someone else is willing to nurse him without charge, whether she has been irrevocably divorced or remains his wife. If she marries another man, her new husband may prevent her from nursing the child of her first husband, unless the child is compelled to depend on her.
His statement, “No maintenance”: the particle “no” negates the entire genus; “maintenance” is its noun, while its predicate is omitted. The intended meaning is: “No maintenance is obligatory.”
His statement, “where there is a difference of religion,” means, for example, where one of the two is a disbeliever and the other a believer, or where one is a Jew and the other a Christian. In such a case, no maintenance is due, because the bonds of allegiance and mutual support between Muslims and disbelievers are absent. A Muslim may not be an ally of a disbeliever, nor can a disbeliever be an ally of a Muslim. Evidence for this may perhaps be drawn from the saying of Allah, Most High: “that you make allies of them” [al-Mumtahanah 60:9]. Supporting them financially is undoubtedly a form of alliance. The scholars differ regarding this issue: some say that no maintenance is due because the ties of allegiance and mutual support are severed,