The scholars are in consensus regarding the permissibility of hiring a wet nurse (al-zi'r), who is the nursing mother. This is in the Book of Allah the Almighty, in His saying, Glorified and Exalted is He: {Then if they suckle for you, give them their due payment}. The Prophet (may Allah bless him and grant him peace) sought a nursing mother for his son Ibrahim. Furthermore, the need for this is greater than the need for other things, as the infant customarily survives through nursing, and sometimes it is impossible for the child to nurse from its mother, so this is permissible, just like hiring for other benefits. Next, we consider: if he hires her for nursing without caregiving, or for caregiving without nursing, or for both, it is permissible. If he leaves the contract unqualified regarding nursing, does caregiving enter into it? There are two views: One is that it does not. This is the opinion of Abu Thawr and Ibn al-Mundhir, because the contract did not encompass it. The second is that it does enter. This is the opinion of the scholars of reason (Ashab al-Ra'y), because custom dictates that the wet nurse cares for the child, so the unqualified contract is interpreted according to what custom and habit dictate. The companions of al-Shafi'i have two views similar to these. Caregiving (hadana) is raising the child, protecting it, placing it in its bed, wrapping it, anointing it, applying kohl, cleaning it, washing its rags, and the like. Its derivation is from the 'hidn', which is what is under the armpit and its surroundings. Raising a child is called 'hadana' metaphorically, from the bird's brooding (hadana) over its eggs and chicks, because it places them under its wings. Thus, raising the child was named with this, taken from the action of the bird.

Section: Four conditions are stipulated for this contract: The first is that the duration of the nursing must be known, because it cannot be estimated otherwise, for the feeding and the work involved vary. The second is the identification of the child through observation, because nursing varies according to the child, in terms of age, size, appetite, and contentment. Al-Qadi said: He is identified by description, like a rider. The third is the place of nursing, because it varies; it is burdensome for her in his house, and easy for her in her own house. The fourth is the identification of the compensation and its being known, as has already passed.