Other rules regarding suckling (L-304)
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وَعَلَى الوارِثِ مِثلُ ذٰلِكَ ۗ فَإِن
أَرادا فِصالًا عَن تَراضٍ مِنهُما وَتَشاوُرٍ فَلا جُناحَ عَلَيهِما ۗ وَإِن
أَرَدتُم أَن تَستَرضِعوا أَولادَكُم فَلا جُناحَ عَلَيكُم إِذا سَلَّمتُم ما
آتَيتُم بِالمَعروفِ ۗ وَاتَّقُوا اللَّهَ وَاعلَموا أَنَّ اللَّهَ بِما
تَعمَلونَ بَصير233b. |
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233b. Wa ‘alal-waarisi mislu
zaalik. Fa-‘in ‘araadaa fisaalan ‘an
taraazim-min-humaa wa tashaa-wurin- falaa junaaha
‘alayhi-maa. Wa ‘in ‘arattum ‘an- tas-tar-zi-‘uuu
‘awlaadakum falaa junaaha ‘alaykum ‘izaa
sallamtum-maaa ‘aataytum- bil-ma’-ruuf.
Watta-qUllaaha wa’-lamuuu ‘annAllaaha bimaa
ta’-maluuna Basiir. |
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233b. The same duty rests upon the heir. If the couple
desire weaning, by mutual consent and consultation, they commit no error by
doing so. You commit no error by hiring nursing-mothers, as long as you pay
them fairly. And be wary of God, and know that God is Seeing of what you do. |
Mislu zaalik – (incumbent), the like of that; it means that as incumbent (protection of rights) regarding the child’s mother is on the father, like this the incumbent is also on the nearest relative after the father.
It is father’s responsibility to bear the expenses for bringing up his child and when he dies, then it is the order that if the child is owner of wealth/property, then his expenditures will be taken from that wealth, and if he doesn’t have any wealth/property, then those persons who are from his intimate rich relatives, and besides being intimate relatives they are also lawful heirs, then it is their duty to bear the child’s expenditures. Reason for assuming the charges of an innocent suckling child on others, is that the child has not power to bring him up himself. Another thing also appears from it that expenses for the lives of poor women, cripple men and minors are incumbent on their relatives.
After that it has also been instructed that if the parents want to wean the child by mutual consent and (after) consultation, then it is no sin for them. The mother has more right to bring the child up due to her kind feelings. So the matters relating to the child have not been left on the opinion of only father. Then it has been cleared too that in some circumstances; when it has become necessary to get suckled the child from any other woman, then it is no sin also, provided that she has been paid remuneration.
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