the divorced woman or others; rather, there is a contextual indicator in the verse pointing to her divorce, for a wife's maintenance and clothing are obligatory due to the marriage bond even if she does not breastfeed, because Allah the Almighty said: {And upon the heir is the like of that}. The heir is not a husband. Furthermore, the benefit of childcare and breastfeeding is not specified, so it is permissible for its compensation to likewise be unspecified. A third view is narrated from him: this is not permissible under any circumstances, neither for a wet nurse nor for others. This is the opinion of al-Shafi’i, Abu Yusuf, Muhammad, Abu Thawr, and Ibn al-Mundhir, because this varies significantly and disparately, thus becoming unknown, and it is a condition for wages to be known. Our argument is what Ibn Majah narrated from ‘Utbah ibn al-Nuddar, who said: We were with the Messenger of Allah (peace and blessings of Allah be upon him), and he recited {Ta Sin} until he reached the story of Moses. He said: "Moses hired himself out for eight years or ten for the chastity of his private part and the food of his stomach." The legislation of those before us is legislation for us, provided its abrogation has not been established. From Abu Hurayrah (may Allah be pleased with him), it is reported that he said: I was a worker for the daughter of Ghazwan for the food of my stomach and the turning of my feet; I would gather firewood for them when they stopped, and I would lead their camels when they rode. Moreover, the Companions and others we mentioned performed this, and no objection was raised against it, so it constitutes a consensus. Also, because it has been established for a wet nurse by the verse, it is established for others by analogy to it. It is compensation for a benefit, so custom (urf) takes the place of specification in it, like the maintenance of a wife. Furthermore, there is a known custom for clothing, which is the clothing of wives, and there is a custom for food, which is the food in expiations (kaffarat), so it is permissible to leave it unrestricted, like the currency of the land. We distinguish against Abu Hanifah by noting that what was compensation for breastfeeding is permissible for service, just like monetary payments. Once this is established, if they dispute the amount of food and clothing, he shall refer in
(5) In B: "her separation". (6) Surah al-Baqarah 233. (7) In M: "years". (8) Its authentication (takhrij) was previously provided on page 5. (9) Meaning for the turn of riding. (10) Recorded by Ibn Majah in: The Chapter of Hiring a Worker for the Food of his Stomach, from the Book of Pledges (al-Ruhun). Sunan Ibn Majah 2/817. (11) Omitted from: the original, B. (12) In the original: "clothing".