take compensation from someone other than him; therefore, it is permissible for her to take it from him, just like the price of her property. As for their argument that she is entitled to compensation for confinement and enjoyment, we say: this is distinct from nursing, and the entitlement to one benefit does not prevent the entitlement to another benefit for a separate consideration, just as if he had hired her first and then married her. The judge’s interpretation of al-Khiraqi’s statement contradicts the apparent meaning in two ways: firstly, the definite article 'al' in 'the husband' refers to the known person, who is her husband, the father of the child. Secondly, if she were in the marriage tie of another husband, she would not be more entitled to him; rather, her right to custody would lapse, and she would then have no right to nurse except with the permission of her [current] husband, thus the interpretation is invalid.

Section: The hire contract is annulled by the death of the nursing woman, because the benefit is lost due to the destruction of its subject. It is narrated from Abu Bakr that it is not annulled, and that the wage for the remainder of the period for whoever she nurses must be paid from her estate, because it is like a debt. We respond that the subject matter of the contract has perished, which is similar to the case if a hired beast were to perish. If the child dies, the contract is annulled because it becomes impossible to fulfill the subject matter of the contract, as it is not possible to substitute another in his place due to the variation in children regarding nursing and the variation in milk according to their differences, for a woman may have milk that flows for one child but not another. This is explicitly stated by al-Shafi'i. When the contract is annulled immediately, the hire is voided from its inception, and the hirer recovers the entire wage; if it occurs during the period, he recovers the portion for the remaining time.

902 - Issue; He said: (It is recommended that she be given a male or female slave upon weaning, as has come in the report, if the one seeking nursing is wealthy.)

He means by the report what was narrated by Abu Dawud, with his chain of transmission, from Hisham ibn Urwah, from his father,