»a ; n hM 1 j ! I ,
i1f JiiIMllIjilipSip. Slrllii 11 *lf
ai ■ ma |i|| ill ,11 fel 1i 1i f-ii ill i ' :j 1r, r •
ii y § *
f],HI f m-
i[ff 1p1 üii 1! Ifl T 8
imP1 îfepii’ ill
§ il ifiiiiiPfi
iipllli r» [I
I»-®
i#W'iiHiti 4I'
Suckâng beyond
the term
o f folterage is
not an occa-
fion o f prohibition.
F O S T E R A G E . B o o k III,
grees, as the child infenfibly forgets the breaft and inclines to other
food ; it is therefore necefl'ary that fome fpace for fofterage be allowed
in addition to the two years, and this additional fpace is fixed at fix
months, being the fhorteft term o f pregnancy, as the lapfe of that
period affords a reafon for altering the manner of the child’s fubliftence,
becaufe the fubliftence of a foetus is irreconcilable with that of a fuck-
ling '* ; and with refpeft to the traditionary faying of the prophet, as
cited by the two difciples, it has reference folely. to the period of the
claim pf fofterage ; that is to fay, it only goes to fhew that no obligation
arifes from fofterage, fo as to render payment or hire for the fame
obligatory upon the [child’s] father, beyond the fpace of two yean;
and the text of the Koran, which fays “ m o t h e r s s h o u l d s u c k l e '
“ t h e i r c h i l d r e n f o r Two y e a r s , ” has alfo reference to the
period of the claim of fofterage.
If a child continue to fuck after the proper period of fofterage is]
elapfed, prohibition is. not hereby eftablifhed + ; becaufe the prophet
has declared that there is no fofterage after the expiration of the proper
period; and alfo, becaufe-prohibition is not eftablifhed by any fofterage,
. except fuch as is a caufe of growth and increafè, which are obtained
only by the fofterage within its proper period, fince grown up
perfons would not find any effectual nourifhment from fucking.
A child’ s forfaking the breaft before the expiration o f the period
o f fofterage is not. regarded.; that is to fay, if a child withhold from
taking its milk before the period of fofterage has elapfed, and there be
* That is to fay, it is to be fuppofed that within the laft fix months the woman may
have conceived, and may, at the end thereof, produce a child j and a woman cannot,
without injuring the foetus, give fuck to another, either during or after her pregnancy. -
f That is to fay, if, after the expiration of the proper period of fofterage, another
child be brought to the breaft, and the fonner nurfling ftill continue to fuck, thefe two are
not hereby prohibited to each other in marriage, although they would have been fo if me/
fucked together during the fofterage of the firft child.
. 7 . "■ ' fill
I Book. III. F O S T E R A G E . 191
II ftill milk in the mother’ s breaft, and any other infant fuck the milk
[before the expiration of that period, in this cafe prohibition by fof-
Jterage is eftablifhed between thole children.— This is the Zdhir Ra-
mwdyet.— Hafan has recorded it as an opinion of Haneefa, that this is
I the cafe only where the firft child has not as yet become attached to
■ another fpecies of food, fo as to be capable o f fubfifting altogether
■ without milk; but if the child have adopted intirely another fpecies of
■ food, this circumftance is to be confidered as a weaning, and prohibi-
■ tion by fofterage cannot in this cafe be eftablifhed, becaufe where the
■ child is arrived at .fuch a ftate as that other food fuffic^s, the manner
R )f its fubliftence is altered, and that growth and increafe which
■ the child derived from fucking is at an end, wherefore the property of
^Participation o f blood, which is the occafion of prohibition, is not after-
■ svards found. '
Is the fuckling o f a child, after the expiration o f the period of fof-
Jtcrage, allowable or not?— Upon this point there are various opinions:
[fome have faid that it is not fo, becaufe the act of fuckling at all is
permitted fplely out o f neceffity, the milk being a conftituent part of
|he woman’s frame, the ufe o f any portion of which, except as a mat-
Berqf necejjity, is prohibited; and this neceffity ceafes upon the expiration
of the period of fofterage.
■ “ Whatever is prohibited by c o n s a n g u i n i t y is fo likewife by f o s - Exception»
B| teRAge, ” (according to the faying o f the prophet already quoted,)
■ xcept a lifter’ s mother by fofterage*, whom it is lawful for a man to prohibition
■ * $ 7. although he cannot lawfully marry his lifter’ s mother by blood, as fofterage.
■ hemuft either be his own mother, or the enjoyed of his father, both
w f whom are prohibited to him; contrary to her mother by fofterage.--—
| ^ er s mother by fofterage may be conceived in three different ways;
■ tioii HE1S .a very eI5uivocM and vague exprefiion, as appears by die fucceediivr defuii-
■ 0 t le various defcriptions to which it applies.
FIRST,