to nurse him, or if we find formula milk on which he can be nourished. If the husband says, “You must nurse him,” then she is obliged to do so, because the husband is responsible for maintenance, and maintenance, as we have mentioned, is in return for the marital bond and for nursing.
But if the husband says, “I prefer to feed my son formula, because it is less likely to cause illness and the like,” and the wife says, “Rather, I will nurse him,” then the right in this matter belongs to the wife, and the husband may not prevent her.
His statement, “She may request the customary wage”: the pronoun in “she may” refers to the mother. Thus, the author—may Allah have mercy on him—indicates that she may request the customary wage, whether she remains married to the husband or not, and whether the child is her own or another woman’s.
If she is no longer bound to the husband in marriage, this is plainly established by the Quran: “If they breastfeed for you, then give them their payment.” But if she remains married to the husband, it has previously been mentioned that Shaykh al-Islam Ibn Taymiyyah’s preferred view is that she is not entitled to any wage, since she is entitled to maintenance from her husband, and this takes the place of payment.
His statement, “the customary wage,” apparently means that she may not demand more than the customary wage. But what is the evidence for this, when she is free to contract? If she wishes, she may request the customary wage; if she wishes, she may request more; and if she wishes, she may request less. Perhaps evidence for this is inferred from Allah’s statement: “If they breastfeed for you, then give them their payment.” He did not say: whatever they request. Thus, whatever is customarily regarded as her wage is to be given to her, whereas she has no right to demand anything beyond it. Therefore, if she requests the customary wage, the husband is required to pay it; but if she requests more, while he insists on the customary wage, he is not required to pay more than the customary wage. Accordingly,