the wage. We derive this from the author’s statement, “The father must arrange nursing for his child,” for he did not restrict it to the case where the mother has been irrevocably divorced. The evidence for this is the general wording of Allah’s saying: “Then if they suckle your children for you, give them their payment” [al-Talaq 65:6]. This is the well-known position of the madhhab: that the wage is her due.
Shaykh al-Islam chose the view that, if the woman remains married to her husband, she is entitled only to maintenance and may not demand a wage. What the Shaykh said is sounder, because Allah says: “Then if they suckle your children for you, give them their payment” [al-Talaq 65:6], and this concerns divorced women, for a divorced woman is no longer with her husband. As for the woman who remains with her husband, Allah says: “Mothers may nurse their children for two complete years—for those who wish to complete the nursing. And upon the father of the child is their provision and clothing according to what is acceptable” [al-Baqarah 2:233].
If you say: If she is his wife, then the husband is already obliged to provide her maintenance and clothing by virtue of marriage, whether she nurses the child or not. We say: There is nothing to prevent maintenance from having two causes; if one of them is absent, the other remains. Thus, if the wife in this situation is disobedient, she is not entitled to maintenance by virtue of marriage, but by virtue of nursing she is entitled to maintenance. It is well known that, if you were to examine people’s circumstances from the time of the Messenger, peace and blessings be upon him, until today, you would not find any woman demanding from her husband a wage for nursing his child. This is the correct view.
His statement, “And he must not prevent his mother from nursing him”: the phrase “he must not prevent” may be read in the indicative as a new sentence, or in the subjunctive as coordinated with “to arrange nursing.” According to the latter reading, the meaning is: he is obliged not to prevent his mother from nursing him. In either case, the husband must not prevent the mother from nursing the child, because a mother’s milk is more beneficial for the child than another woman’s milk, and because when the mother nurses the child, she feels tenderness for him.