ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 3401376 - Issue: He said: (If one woman testifies regarding breastfeeding, the marriage becomes unlawful if she is trustworthy. It has been narrated from Abu Abd Allah, may Allah have mercy on him, another report: If she is trustworthy, she is required to swear an oath. If she is lying, the year will not pass until her breasts whiten, and in this he followed the opinion of Ibn Abbas, may Allah be pleased with them both.)

Translation · EN

1376 - Issue: He said: "And if one woman testifies regarding breastfeeding, the marriage is forbidden if she is trustworthy. And it has been narrated from Abu Abd Allah, may Allah have mercy on him, another narration: If she is trustworthy, she is to be put under oath. If she is lying, the year shall not pass before her breasts turn white." He followed therein the opinion of Ibn Abbas, may Allah be pleased with them both (1).

The entirety of this matter is that the testimony of a single woman is accepted regarding breastfeeding if she is trustworthy. This is the opinion of Tawus, al-Zuhri, al-Awza'i, Ibn Abi Dhi'b, and Sa'id ibn Abd al-Aziz. From Ahmad, there is another narration: It is not accepted unless it is the testimony of two women. This is the opinion of al-Hakam; because men are more complete than women, and it is not accepted [unless it is the testimony of] two men, so women are more appropriate [to be limited]. From Ahmad, there is a third narration that the testimony of a single woman is accepted, and she is to be put under oath along with her testimony. This is the opinion of Ibn Abbas and Ishaq; because Ibn Abbas said regarding a woman who claimed that she had breastfed a man and his family: If she is trustworthy, she is to be put under oath, and he must separate from his wife (3). He also said: If she is a liar, the year shall not pass before her breasts turn white (4)—meaning that white spots (leprosy) shall afflict her therein as a punishment for her lie. This is not required by analogy, nor can it be reached by opinion, so it is apparent that he would not say it except by way of a revealed report (tawqifan). Ata, Qatada, and al-Shafi'i said: Less than four women are not accepted, because every two women are equivalent to one man. The proponents of reason (Ashab al-Ra'y) said: Nothing is accepted therein except two men, or one man and two women. That was narrated from Umar, due to the saying of Allah the Almighty: {And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women} (5). Our argument is what Uqba ibn al-Harith narrated, who said: I married Umm Yahya bint Abi Ihab, and a black slave woman came and said: "I have breastfed you both." So I went to the Prophet, peace and blessings of Allah be upon him, and mentioned

Notes

(1) In the original, [A], and [B]: "from him" (anhu). (2) Omitted from [B]. (3) In the original: "his family" (ahlihi). (4) Extracted by Abd al-Razzaq, in: Chapter on the Testimony of a Woman Regarding Breastfeeding, from the Book of Divorce, Al-Musannaf 7/482, 483. (5) Surah al-Baqarah: 282.

PreviousVolume 11 · Page 340Next
Previous11·340Next