the cause of the termination of her marriage exists, so she resembles the irrevocably divorced woman during her waiting period ('iddah). It is derived in our school that there is a view similar to theirs, due to the fact that marriage prior to consummation removes the right of custody, along with the lack of [obligation of] division of time and preoccupation with the husband.
Section: Every relative through whom custody is entitled, if a preventive factor prevents it—such as slavery, disbelief, immorality, insanity, or minority—then once the preventive factor is removed, such as when the slave is emancipated, the disbeliever accepts Islam, the immoral person becomes upright, the insane person recovers their reason, or the minor reaches adulthood, their right to custody returns. This is because its cause remains and it was only prevented by an impediment; thus, once the impediment is removed, the right returns by the pre-existing and persistent cause, just like the wife when she is divorced.
1406 - Issue; he said: (And if the woman marries, her husband has the right to prevent her from breastfeeding her child, unless she is compelled to do so and there is fear of [the child] perishing.)
The sum of this is that the husband has the right to prevent his wife from breastfeeding her child from someone else, and from breastfeeding the child of someone else, unless she is compelled to do so. This is because the marriage contract necessitates the husband's entitlement to enjoyment [of the wife] at all times and from all aspects, except for the times of prayer, and breastfeeding causes him to miss out on enjoyment during some times, so he has the right to prevent it, just like leaving his house. If the child is compelled to have her [breastfeed him], such as when there is no wet nurse to be found other than her, or the child does not accept breastfeeding from anyone else, then allowing her to breastfeed him becomes obligatory; because this is a state of necessity and the preservation of her child's life, so it is prioritized over the right of the husband, just as the one in a state of necessity is prioritized over the owner [of property] if the owner is not in a similar state of necessity as him.
Section: If she wishes to breastfeed her child from him, al-Khiraqi's statement admits two views.
(3) In the original: "fa-ashbah" (she resembled). (4) In B: "qawluhum" (their saying). (5) In A, B, and M: "fusuq" (immorality). (1) Omitted from the original. (2) In A, B, and M: "tamlik" (granting ownership). (3) Omitted from A, B, and M.