Hadith Five
ʿUqbah ibn al-Ḥārith reported that he married Umm Yaḥyā, daughter of Abī Ihāb. A black bondwoman then came and said, “I nursed both of you.” I mentioned this to the Prophet ﷺ, and he turned away from her. I withdrew, repeated the matter to him, and he said, “How can you remain with her when she claims to have nursed the two of you?” (1)
Overall meaning:
ʿUqbah ibn al-Ḥārith married Umm Yaḥyā bint Abī Ihāb (2). A black bondwoman told him that she had suckled both him and his wife, making them milk-siblings. He conveyed her statement to the Prophet ﷺ, adding that he thought she was lying. The Prophet ﷺ, disapproving of his wish to stay married despite the bondwoman’s testimony, said: “How can you continue after this woman has said what she has said and testified to what she knows?”
Benefits derived from the hadith:
- Once the kind of foster-breastfeeding that forbids marriage is proven between a couple, their marriage is annulled.
- Breastfeeding is established—and its legal consequences follow—on the testimony of a single woman; the scholarly debate on this will be presented, Allah willing.
- The hadith affirms the juristic maxim: “What cannot be established independently may be established incidentally.” A lone woman’s testimony is insufficient for dissolving a marriage or effecting a divorce, yet if she testifies to breastfeeding, that ruling is accepted and the dissolution follows as a secondary consequence.
- The testimony of a slave is admissible provided the witness is upright, as indicated by the reference to a “bondwoman.” All witnesses must be just and free of suspicion.
- Censure is due to anyone who tries to persist in prohibited matters, even under the guise of interpretation.
- Intercourse based on mistaken belief (waṭʾ al-shubhah) incurs no liability; the person is excused from worldly punishment and from the torment of the Hereafter, for knowledge is a prerequisite for imposing ḥudūd and for the divine threat, which targets those who act knowingly.
Differences among the scholars:
The jurists have disagreed over the testimony required to establish foster-breastfeeding.