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[Sharh Muwatta Imam Malik – Shaikh Zubair Ali Zai] – Hadith No.40 –:– The Foster Relationship is Like the Real (Blood) Relationships

Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim

Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari

The Foster Relationship is Like the Real (Blood) Relationships

[40] And with the same chain of narration from Ibn Shihab that he was asked about the suckling of an older person. He said, ”Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the companions of the Messenger of Allah (Sallalahu Alayhi Was-Sallam) who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah (Sallalahu Alayhi Was-Sallam) adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother’s sister, Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, ‘Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali,’ (Surah 33 ayah 5) people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla. “Sahla bint Suhayl who was the wife of Abu Hudhayfa, and one of the tribe of Amr ibn Luay, came to the Messenger of Allah (Sallalahu Alayhi Was-Sallam) and said, ‘Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room, so what do you think about the situation?’ The Messenger of Allah (Sallalahu Alayhi Was-Sallam) said, ‘Give him five drinks of your milk and he will be mahram by it.’ She then saw him as a foster son. A’isha umm al-muminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Sidiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet (Sallalahu Alayhi Was-Sallam) refused to let anyone come in to them by such nursing. They said, ‘No! By Allah! We think that what the Messenger of Allah (Sallalahu Alayhi Was-Sallam) ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing!’ “This is what the wives of the Prophet (Sallalahu Alayhi Was-Sallam) thought about the suckling of an older person.”

Abul Hasan said, “This hadith has become marfu mutasil (connected) because of the saying, ‘A’isha um al-muminin took that as a precedent’”

[GRADING] – [ISNADUHU SAHIH]

[REFERENCES] 

Al-Muwatta (Yahya’s narration 2/605, 606 hadith no.1325, book 30, chapter 2, hadith no.12) at-Tamhid (8/249, 250), al-Istidhkar: (no.1245) 

Transmitted by Nasa’i (6/86 hadith no.3326) and Bayhaqi (7/457) from the hadith of Malik (summarised) and narrated by Abdurazaq ((7/458, 459) hadith (no.12886) from Malik from Ibn Shihab from Urwa from A’isha and see at-Tamhid (8/250) and it has a witness with Muslim (no.1453) etc.

[UNDERSTANDING FROM THE HADITH]

1) The Mother of the believers Um Salama (Radi Allahu Anha) narrates that the Messenger of Allah (Sallalahu Alayhi Was-Sallam) said, “No prohibition (of nikah) results from suckling except for what penetrates the intestines while on the breast before weaning.” (Sunan at-Tirmidhi: (no.1152, and its chain is authentic, and Tirmidhi said, “this hadith is hasan Sahih” and Ibn Hiban authenticated it, al-Ihsan: (no.4210 [no.4224] summarised narration)

The majority of the companions and scholars act upon this that there is no correlation of breastfeeding for a child above 2 years of age.

2) A specific proof and a specific issue are given precedence over a general proof.

3) Salim Ibn Mu’aqal Mawla of Abu Hudhayfah (RadhiAllaahu Anhu) was from the first precedent emigrants. He was a reciter of the Qur’an and a companion who fought at Badr. He was martyred in 12 hijri in the battle of Yamamah (RadhiAllaahu Anhu). See History of Islam by adh-Dhahabi (2/54-57) era of the khulafa ur-Rashidin (rightly guided caliphs)

4) Doing Mutabana (adoption [adopting a son]) is abrogated therefore the children have to be attributed to their real parents.

5) Whosoever purposely and being fully aware attributes their lineage to someone else, then Jannah becomes unlawful [haram] on them. (Sahih Bukhari: (no.4326, no.4327), and Sahih Muslim (no.63)

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