Abu Hanifah said: It belongs to the first, as long as she does not give birth to a child from the second. Al-Shafi'i said: If the pregnancy does not reach a stage where milk is produced, it belongs to the first. But if it reaches a stage where milk is produced, and it increases due to that, then there are two opinions: One of them is that it belongs to the first. The second is that it belongs to both of them. Our position is that its increase upon the occurrence of pregnancy makes it apparent that it is from it [the second], and the persistence of the first's milk requires that its source be from him, so it must be attributed to both of them, just as if the child were from both of them. The fifth situation is that it ceased from the first, then returned due to pregnancy from the second. Abu Bakr said: It belongs to both of them. This is one of the opinions of al-Shafi'i when the pregnancy reaches a stage where milk is produced. This is because the milk was for the first, so when it returned upon the occurrence of the second pregnancy, the apparent state is that the first's milk returned because of the second pregnancy, so it is attributed to both, as if it had not ceased. Abu al-Khattab chose the view that it belongs to the second. This is the second opinion of al-Shafi'i, because the milk of the first had ceased, so its legal status ended with its cessation, and it occurred due to pregnancy from the second, so it belongs to him, as if she had no milk from the first. Abu Hanifah said: It belongs to the first, as long as she does not give birth to a child from the second. This is the third opinion of al-Shafi'i, because pregnancy does not necessitate milk; rather, Allah the Almighty creates it for the child when it exists because of its need for it, and the discussion regarding this has already preceded.
1373 - Issue: He said: (If he married an adult woman and a young girl, and he had not yet consummated the marriage with the adult until she breastfed the young girl within the two years, the adult woman becomes prohibited to him, and the marriage of the young girl is established. But if he had already consummated the marriage with the adult, both of them become prohibited to him, and he has recourse against the adult woman for half of the young girl's dower.)
Ahmad explicitly stated all of this. In this issue, there are four sections:
(5) In [A] and [B]: "from him". (6) Dropped from [M]. (7) In [A]: "the milk belongs to the first". (8) In [A]: "so it must be". (1) Dropped from [B] and [M].
