growth in the child, which induces an apprehenfion of participation of
blood.
crof a corpft. If milk be drawn from the breafts o f a deeeafed woman,. prohibition
is attached to it.— This is contrary to the opinion of Shafei, who
fays that, in the eftablifhment o f prohibition by fofterage, the primary
fubjedt of fuch prohibition is the woman whofe milk has been fucked,
by the child, the prohibition pervading through the medium of that
woman to others [her relatives,] but, by her deceafe, the original;
fubjedt of prohibition is removed, the being then a dead fubftance;
whence it is that i f a man were then to commit* the carnal adt with
her, he would not be fubjedt to the, punilhmeut of fornication, nor
would prohibition by affinity be by that adt eftabliftred. T h e argument
of our dodtcsrs is that prohibition by fofterage arifes from an apprehenfion
of participation of blood, which appears in the increafin«-
growth of the [child’s] body, and this laft is occalioned by milk ; as in.
the prefent cafe.
Cates in If a woman’s milk be adminiftered to' a child in a g-Iyfier, nrohiwhtchmilk
M B , r n ■ I , , . . . , ° J I . ’ r
does not oc- bition by fofterage is not attached to it.— This is the dodtrine of the
bitf£n.Pr0hi" H H R-awfyet.— It is recorded from Mohammed that prohibition I
thereby eftabliffied,. in the fame manner as a.faft would be vitiated by.
it :— but the reafon o f ‘this apparent inconliftency. (according to the
Zâhir Rawâyéf) is that the caufe o f violating the faft is the reftoration.
of the body, which is effedted by the glyfter ; whereas the caüfe Of
prohibition by fofterage is the increafe.of the body’s growth, which is
not thereby effedted, nothing being fuftenance to men, except what is
adminiftered by the mouth.
If a man’ s breafts ffiould' happen to- produce milk, prohibition is.
not attached to it, becaufe the fuhftanee thus produced is not,
in fadt, milk, and confequently increafe of growth is not obtained
by means of it.— The principle upon which this proceeds is that milk
cannot
[ cannot be fecreted in the breafts of any perfon but one who is capable
I of child-bearing.
Prohibition by fofterage is not attached to the milk o f a goat-
I (or other animal;)— that is to fay, if two infants, a male and a fe-
I male, were to fubfift together, upon the milk of one goat, prohibi-
I t-ion by fofterage is not eftabliffied between them, becaufe between
I mankind and' brutes there can. be no participation of blood, (that is to
I fey, fuch participation as would occafion affinity,) and prohibition by
■ fofterage arifes from participation of blood.
If a man marry an infant and an adult, and-the latter fhould give
I milk, to the.former, both wives become prohibited with relpedt to that
I man [their huffiand,] becaufe,.. if they were to continue united in
I marriage to him, it would imply the propriety of joint cohabitation with
I the fofter-mother and-her fofter-daughter, which is prohibited, in the
I fame manner as joint cohabitation with a natural mother and daughter.,
I —It is to be obferved-on this occafion, that i f the huffiand ffiould not
I have had carnal connexion with the adult wife, ffie is not entitled to
■ any dower whatever, becaufe the feparation has proceeded from her,
■ before confummation:— but the infant has a claim to her h a lf Aowcr,,
I the feparation not having proceededfrom her.
Objection.— T h e feparation proceeds from her, becaufe. fucking,
I the milk from the breaffi was hen adh
R e p l y .— Although the fucking was-certainly her adt, yet the adt
I of fuch an .one is not confidered as deftrudtive o f her right, for which.,-
I reafon it is that if flie ffiould happen, to kill her heir, this would not.
I fet afide her right of inheritance.— If, moreover, it ffiould appear that.
I wc: adult, had adted with any finifter view of diflblving the marriage,,
I the huffiand is in this cafe empowered to take from her the half dower
I which he pays to the infant;, but not unlefs ffie have acted with fuch a
view, even t hough ffie were aware of the infant being the wife o f her
1 hulband. It is recorded from Mohammed, that the huffiand is authorized.
Cafe o f one '
o f two wives?
fuckling the-'
other.