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The Law of Breastfeeding Babies with ASI Bank and its Mahram Relation

 

Dr. KH. Maulana Hasanuddin, MA (Deputy Chairman of the Central MUI Fatwa Commission)

Dr. KH. Abdul Halim Sholeh, MA (Member of the Central MUI Fatwa Commission)

Question: 

Assalamu’alaikum warahmatullah 

My aunt just had a child. But the production of breastmilk (ASI) is inadequate, so the breast milk must be added from outside. Among the alternatives there can be obtained from ASI Banks.

However, we are doubtful about the law of providing ASI for children from the ASI Bank, and the mahram relation. I have an understanding that in Islamic sharia that by drinking breastmilk from another mother, it will become a mahram because the siblings are one sibling with the mother’s children who are the breast milk donors.

We became confused and doubtful about this condition. My question is how exactly is the law of consuming ASI from ASI Bank. For the answers and explanations given, I would like to thank you very much.

Wassalam

Yanti, Jakarta

Answer: 

Among the rules of Ushul Fiqh it is stated, if there is “mashlahat”, and there is no argument or text that prohibits it, then the law is permissible (done). Moreover, breastfeeding (ASI) for babies who are not their own children, by directly breastfeeding the baby, there are real examples. In Sirah Nabawiyyah, it is stated that Arabs have a tradition of feeding their children to village women. Among the reasons is so that the child can live in a fresh nature and learn standard Arabic with high literary value. It is well known in the history that when the Prophet was still a baby he was also breastfed by his mother named Halimah as-Sa’diyah from the Banu Sa’ad tribe in the village of the Taif area.

In the Qur’an is mentioned as guidance for parents: “Mothers may nurse [i.e., breastfeed] their children two complete years for whoever wishes to complete the nursing [period]. Upon the father is their [i.e., the mothers’] provision and their clothing according to what is acceptable. No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child. And upon the [father’s] heir is [a duty] like that [of the father]. And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them. And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable. And fear Allah and know that Allah is Seeing of what you do.” (Surah Al-Baqarah, 2: 233).

Al-Hafizh Ibn Kathir said, “This is guidance from Allah to mothers so that they breastfeed their children with complete breastfeeding that is for two years so that after two years it is not considered, that is why Allah stated, ‘Mothers should breastfeed their children. -the child for two whole years, that is, for one who wants to complete breastfeeding ‘. ” (Tafsir al-Qur’anil ‘Azhim, 1/290). After the age of two years, breast milk is no longer a source of food for the child but he has switched to other foods. Ash-Shaykh Abdurrahman bin Nashir as-Sa’di said, “If a child who is breastfed is perfect for two years, it means that his breastfeeding is perfect. After that the milk becomes like any other food, so that breastfeeding after two years is not considered a friendly matter. ” (Taisir al-Karimir Rahman, p. 104).

Furthermore, regarding the friendship due to breastfeeding, it is mentioned in a verse which means ” Also? forbidden to you for marriage are your mothers, your daughters, your sisters, your paternal and maternal aunts, your brother’s daughters, your sister’s daughters, your foster-mothers, your foster-sisters, your mothers-in-law, your stepdaughters under your guardianship if you have consummated marriage with their mothers—but if you have not, then you can marry them—nor the wives of your own sons, nor two sisters together at the same time—except what was done previously. Surely Allah is All-Forgiving, Most Merciful” (Surah An-Nisa, 4:23). In that verse, Allah only mentions two groups of women who are forbidden to marry because of the relationship between breastfeeding, namely breastfeeding mothers and sisters who are in the same milk.

Ibn Qudamah al-Maqdisi said, “Every woman who is haram (to be married) because of her family relationship is also forbidden, for example because of the relationship between breastfeeding. They are mothers, daughters, sisters, amah, khalah, nephews of brothers and sisters in the form described in the case of the text, with the evidence from the hadith of the Prophet’s words which means: “What is haram because of lineage is haram because of breastfeeding.” (Muttafaqun ‘alaihi). In another narration: “Breastfeeding makes haram what is haram because of the relationship of birth (nasab).” (al-Mughni, 7/87).

Al-Imam al-Qurthubi stated, “When a woman breastfeeds a baby boy (who is not her child), this woman becomes haram (married to) the child (when she is an adult) because this woman is the mother (because of breastfeeding), it is also haram. For this milk child to marry his mother’s daughter because it is his sister, it is haram for him to marry a mother’s sister because she is his khalah (aunt from mother), it is haram for her mother to be a milk mother because she is his grandmother, it is unlawful for her to marry her daughter who is a milk father (a milk mother’s husband who is the cause of the discharge of water milk) because she is his sister, it is haram for her father’s sister milk because she is his amah, haram for her mother’s milk father because she is her grandmother, it is haram for her to marry daughters of sons or daughters of a milk mother (her granddaughter is a milk mother) ) because they are the daughters of his brothers and sisters by the same age. ” (al-Jami ‘li Ahkamil Quran, 5/72).

In current practice, breastfeeding for babies is practiced and obtained as an alternative to donor’s milk collected at the ASI Bank. So basically, in the Sharia Rule, it is permissible. While the issue of the mahram falls into the khilafiyah or there are differences of opinion.

If it looks closer, now there are several families in one residential area that create a kind of “Breastfeeding Mothers Association” and collect breast milk in a practice like Bank ASI. However, on a small scale, records are made well. So that donors and recipients of ASI can be clearly identified. And if anyone takes an opinion about the comfort of breastfeeding a baby with the ASI Bank, then that can also be clearly known.

Furthermore, regarding the familiarity of being a sister due to drinking breast milk, there are several opinions. First, there are those who say that being a mahram is a sister, if you drink the milk directly by sucking the nipples of the breastfeeding mother. Meanwhile, if you drink breast milk indirectly, as provided through the ASI Bank, then the law of its familiarity is invalid. This opinion is based on the hadith of the Prophet which states, “Laa tuharrimul-masshotu wal-masshurani” “It is not forbidden (because of the composition) one suction and two suction.” (HR. Muslim no. 1450). In the hadith it is mentioned “al-masshotu” which literally means “to suck milk or suckle, by sucking directly into the nipple of the nursing mother”. Not “drinking” (milk), which in Arabic is “syariba-yasyrobu”. Meanwhile, drinking milk from the ASI Bank does not suck milk directly into the nipples of a breastfeeding mother. But babies drink the milk through a glass, or by using a bottle for babies.

In addition, based on the words of Aisha, “What has been revealed in the Qur’an is that ten times breastfeeding causes a mahram relationship, then it is abolished to become five times breastfeeding. Then the Prophet died and it was still like that. ” (Narrated by Muslim and At-Tirmidhi and his Jami’book).

The law that results from breastfeeding cannot be determined if there are less than five feeds, arguing with the hadith of ‘Aisyah which states that the law of breastfeeding is changed from ten to five: “In the past, the Qur’an stated that it was known that ten times the breastfeeding was tolerated. It is forbidden, then the provision is removed with five feedings. ” This opinion is held by Ibn Mas’ud, Abdullah bin az-Zubair, ash-Shafi’i, and a narration from Al-Imam Ahmad. (al-Umm, 5/26-27, Fathul Bari, Syarah Sahih Muslim, 10/29, Tafsir Ibn Kathir, 1/480-481, Subulus Salam, 3/331-332, Nailul Authar, 6/363)

Al-Imam ash-Shafi’i said, “Breastfeeding causes no prohibition except five separate feedings.” (al-Umm, 5/26). Similarly, what Ibn Hazm rahimahullah said in al-Muhalla (10/9). Ibn Qudamah al-Maqdisi in al-Mughni (7/535) also gave almost the same statement when explaining Abul Qasim al-Khiraqi’s words, “Breastfeeding which can undoubtedly cause prohibition (like what is haram because of the lineage) is five times breastfeeding or more.” And the source of breastfeeding (ASI) is from the same mother. Meanwhile, if it is from the ASI Bank, it is very possible that the ASI is from several (many) different mothers. 

The one-time form of breastfeeding is that a baby sucks milk from a woman’s nipple until she is satisfied and then she releases the nipple, even though during breastfeeding she stops for a moment from sucking the nipple to play with or inhale, then it is still counted once. breastfeeding. (al-Umm, 5/27). And some scholars like Ibn Hazm limits only milk that is sucked directly from the breast by adhering to the linguistic meaning of breastfeeding. However, the opinion of the scholars is stronger, because the important thing is that milk can cover up hunger and fill the intestines, no matter how the baby drinks the milk. (Fathul Bari, 9/148, al-Muhalla, 10/7).

Wallahu a’lam.

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