SECTION OF MARRIAGE · 11 – SUCKLING LESS THAN FIVE TIMES MAKES (MARRIAGE) UNLAWFUL
2062 – It was narrated from ʿĀʾisha (may Allah be pleased with her) that she said: The Mighty and Majestic Allah revealed (verses in the Qur'an stating that prohibition is established by ten sucklings). Then they were abrogated by (the verses stating that prohibition is established by the well-known five sucklings). When the Messenger of Allah (peace and blessings be upon him) passed away, these were among the verses recited from the Qur'an. [91]
EXPLANATION
During the lifetime of the Messenger of Allah (peace and blessings be upon him), these verses had been abrogated. Because the Messenger of Allah (peace and blessings be upon him) passed away very soon after, some people, not knowing that these verses had been abrogated, continued to recite them even at the time of the Messenger of Allah’s (peace and blessings be upon him) passing. Of course, those who heard (of the abrogation) ceased their recitation. This narration is evidence that the wording of some verses whose legal ruling has been abrogated may still be recited, and that there may be verses whose ruling is established but whose wording is abrogated.
2063 – It was narrated from ʿĀʾisha (may Allah be pleased with her): The Messenger of Allah (peace and blessings be upon him) said, “A child’s suckling a woman’s breast once or twice does not establish prohibition.” [92]
EXPLANATION
These hadiths are evidence for Imām al-Shāfiʿī regarding the establishment of raḍāʿ (milk kinship). For, according to Imām al-Shāfiʿī: “For raḍāʿ to be established, the child must suckle from the woman at least five times.” However, according to Imām al-Aʿẓam (Abū Ḥanīfa), Sufyān al-Thawrī, Mālik, and al-Awzāʿī, regardless of whether the child suckles little or much, raḍāʿ is established and the prohibition (of marriage) is realized. There are also those who, taking as evidence the narration from ʿĀʾisha (may Allah be pleased with her) that there was a verse stating, “Raḍāʿ is established by ten sucklings,” and that it was abrogated, say that it is not established by less than ten sucklings. However, this is anomalous and not taken into consideration.