SECTION OF LEGAL MATTERS · 18 – The Ruling on Testifying Regarding Breastfeeding
Ukba ibn al-Harith, may Allah be pleased with him, narrated:
I married Umm Yahya, the daughter of Abu Ihāb. A woman with a dark complexion came to us and claimed she had suckled both of us. I went to the Messenger of Allah, peace and blessings be upon him, and explained the situation to him. The Messenger of Allah, peace and blessings be upon him, turned away from me. I said, "O Messenger of Allah, that woman is a liar." The Messenger of Allah, peace and blessings be upon him, said: “What do you know? The woman has said what she has said; abandon your wife.”
[Explanation:]
This honorable hadith serves as evidence regarding suckling that the testimony of only the one who suckled is sufficient. This is the school of thought of Ahmad ibn Hanbal. According to Abu Hanifa, at least two men or one man and two women must testify in this matter. Imam Malik also states that the testimony of two women is required in this matter. Because the matter of suckling is a sensitive issue, even if there is only one witness, it is appropriate for a male and female who have had a claim of suckling to not marry each other. For otherwise, a marriage would be established that cannot be digested throughout life. If witnesses appear after they are married claiming that they were both suckled from the same woman, then the supposed foster siblings must immediately be separated. (‘Awn al-Mabud, vol. 3, p. 336)
Ubayd ibn Abi Maryam narrated from Ukba, in a similar vein to the preceding hadith. Ibn Abi Mulaika said: “I heard this from Ukba as well. I have memorized Ubayd’s narration better and mentioned its meaning.”
Abu Dawud said: Hammad ibn Zayd observed Haris ibn Umayr, and he stated that this is from the reliability of the companions of Ayyub.