regarding it. And because it is permissible for him to have intercourse with the permission of the guardian, it is permissible [to do so] even in his absence, because the guardian does not have the right to give permission for something that harms the child or causes his rights to be lost.

Section: If a married woman hires herself out for breastfeeding with the permission of her husband, it is permissible, and the contract is binding, because the right belongs to both of them and does not exit from them. If she hires herself out without the husband's permission, it is not valid, because it involves the forfeiture of the husband's right. This is one of the two views held by the followers of al-Shafi'i. The other view is that it is valid, because it pertains to a subject matter other than that of the marriage, yet the husband has the right to annul it because enjoyment is lost or impaired thereby. Our view is that it is a contract through which the right of one for whom the right was established by a prior contract is lost, so it is not valid, just like the leasing of a leased object.

1407 - Issue: He [al-Khiraqi] said: "And it is upon the father to find a wet nurse for his child, unless the mother wishes to breastfeed him for the wage of her likes, for she is more entitled to him than anyone else, whether she is in the husband's bond of marriage or divorced."

The discussion regarding this issue is in two sections:

The first of them: That the breastfeeding of the child is the responsibility of the father alone, and he has no right to force his mother to breastfeed him, whether she is of low status or high status, and whether she is in the husband's bond of marriage or divorced. We know of no disagreement regarding the fact that she cannot be forced to do so if she is separated [from him]. As for if she is with the husband, the situation is the same according to us, and this is also the view of al-Thawri, al-Shafi'i, and the jurists of the school of opinion (Ashab al-Ra'y). Ibn Abi Layla and al-Hasan ibn Salih said: He has the right to force her to breastfeed him. This is the view of Abu Thawr, and a narration from Malik, based on the saying of Allah the Almighty: {The mothers shall nurse their children for two whole years, for those who desire to complete the nursing}.