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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 342Section

Translation · EN

If two men were to testify that a certain person had divorced his wife or emancipated his slave woman, their testimony would be accepted, even though this makes sexual relations with them lawful for him.

Section: Testimony regarding breastfeeding is not accepted unless it is explained. If she says: "I testify that this is the son of that [woman] through breastfeeding," it is not accepted, because people differ regarding the breastfeeding that renders [the relationship] unlawful; among them are those who consider a small amount (17) to be unlawful, and those who consider it unlawful [even] after two years. Therefore, it is incumbent upon the witness to explain its modality so that the judge may rule upon it through his ijtihad. Thus, the witness needs to testify that this [child] suckled from the breast of this [woman] five separate sucklings (18), [in which] the milk reached his stomach (19), within the two years. If it is said: They have no way (20) to observe the milk reaching his stomach, so how can the testimony be permissible? We say: When it is known that this woman has milk, and he saw the child take her breast and move his mouth in sucking and his throat in swallowing (21), a presumption is attained that is close to certainty that the milk has reached his stomach. What cannot be verified through direct observation is satisfied by the apparent (22), such as testimony regarding ownership, the establishment of a debt as a liability, and testimony regarding lineage through public notoriety (istifadah). If the witness said: "He put his head under her garments and took her breast," it (23) is not accepted, because he might put his head [there] without taking the breast, or he might take the breast without sucking; therefore, it is necessary to mention what indicates it. If he said: "I testify that this [woman] breastfed this [child]," then the apparent [ruling] is that it suffices (24) for establishing the basis of breastfeeding, because the woman who said: "I have breastfed you both," her statement was considered sufficient.

Notes

(16) In [M]: "accepted". (17) In [B]: "a small amount". (18) In [A]: "separate". (19) Omitted from [A]. (20) In [M]: "to him". (21) Omitted from [B]. (22) In [M]: "by the apparent". (23) In [A]: "it is not". (24) Omitted from [M].

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