And the famous view from Malik is that if she is of high status, such that the custom of those like her is not to breastfeed their children, she cannot be forced to do so. However, if she is of those who customarily breastfeed, she is forced to do so. Our view is His saying, the Almighty: {But if you disagree, then another shall breastfeed for him}. And if they disagree, then they have reached a state of hardship (ta'asur). Furthermore, being forced to breastfeed must be for either the right of the child, the right of the father, or both. It cannot be for the right of the father, for he does not possess the authority to force her to breastfeed his child from someone else, nor to serve him in matters specific to him. It is not permissible for it to be for the right of the child, because if it were for his right, it would be binding upon her after separation, and because it is among that which is binding on a parent for his child, thus it is binding upon the father specifically, like maintenance, or as it is after separation. It is not permissible for it to be for both, because for that which has no basis [in Sharia], the ruling is not established by combining one part with another. Moreover, if it were for both, the ruling would be established by it after separation, and the verse is interpreted as applying to the state of providing maintenance and the absence of hardship.

The second section: That if the mother requests to breastfeed him for the wage of her likes, she is more entitled to him, whether she is in a state of marriage or after it, and whether the father finds a wet nurse who volunteers or does not find one. The followers of al-Shafi'i said: If she is in the bond of marriage, her husband has the right to prevent her from breastfeeding him, because it forfeits the right of enjoyment of her at times. And if he hires her for his breastfeeding, it is not permissible, because the benefits are his right, so it is not permissible for him to hire from her that which is, or part of which is, his right. And if she does breastfeed the child, does she have the wage of her likes? There are two views. And if she is divorced and requests the wage of her likes, and he wishes to remove him from her to deliver him to one who will breastfeed him for the wage of her likes or more, he has no right to do so. But if he finds a volunteer, or one who will breastfeed him for less than the wage of her likes, he has the right to remove him from her, according to the apparent [view of] the school; because he is not obligated to incur the expense while the child's need is being met without it. Abu Hanifa said: If she requests the wage, the father is not obligated to provide it to her, and her right of custody does not fall, and the wet nurse comes to breastfeed him