it is not permissible to hire her for nursing, unless her milk exceeds what is sufficient for her own child, because the right belongs to her child, and her master has no right to anything beyond what he leaves over. If she is married, it is not permissible to hire her for this except with his permission, because it deprives the husband of his right due to her preoccupation with nursing and caring for the child. If he hires her for nursing and then marries her off, the marriage is valid, the hire contract is not annulled, and the husband has the right to enjoy her company during the times she is free from nursing and caring. Malik said: Her husband does not have the right to have intercourse with her except with the consent of the hirer, because it diminishes the milk and may even cause it to cease. We respond: The husband's right to intercourse is established, so it is not forfeited for a doubtful matter. A master does not have the right to hire out his mukatabah (contractual slave), because her benefits belong to her, and for this reason, her master does not possess the right to marry her off, have intercourse with her, or hire her out for anything other than nursing. She may hire herself out, as it is a form of earning.

Section: It is permissible for a man to hire his mother, sister, or daughter to nurse his child, as well as other relatives, without disagreement. If he hires his wife to nurse his child from her, it is permissible. This is the correct view in the madhhab of Ahmad, and al-Khiraqi mentioned it, saying: "If the mother wishes to nurse him for her equivalent wage, she is more entitled to it than anyone else, whether she is in the husband's marriage tie or is his divorcee." Al-Qadi said: She does not have that right, and he interpreted the words of al-Khiraqi to mean that she is in the marriage tie of another husband. This is the view of the Ashab al-Ra'y (the scholars of reason) and is also narrated from al-Shafi'i, because he has already earned the right to keep her and enjoy her company in exchange for a consideration, so it is not permissible for another consideration to be required of him for this. We respond: Every contract that is valid for her to enter into with someone other than her husband is also valid for her to enter into with him, such as a sale. Furthermore, her benefits in nursing and caring are not owed to the husband, as evidenced by the fact that he does not have the right to compel her to care for her child, and it is permissible for her to