The Qur'ân: A Restricted Concept
The Qurâân remains vague about breastfeeding. It is mentioned in passing in verse 2, 233, which underlines the need to breastfeed a child during the first two years of his life, and again in verse 4, 23, which contains the list of prohibited women and constitutes the Qurâânic basis for matrimonial impediments in Islamic law. Here is, in the same order as in the verse, the list of prohibited women, which shows that the Qurâân divides them into three forms of kinship: by birth, by breastfeeding, and by alliance.
- Women prohibited by birth:
Your mothers.
Your daughters.
Your sisters.
Your paternal aunts.
Your maternal aunts.
Your brotherâs daughters.
Your sisterâs daughters.
The verse first specifies relatives by descent such as mothers and daughters. Why the plural? As the Qurâân is directed to the community of all male Muslims, it imagines all those menâs mothers individually. Yet, the exegesis drew a different conclusion: in the eyes of later commentators, the plural terms of âmothersâ and âdaughtersâ in this verse are classificatory. The term âmotherâ could designate oneâs birth mother as also oneâs grand-mother and all her predecessors, just as the term âdaughterâ includes oneâs grand-daughters and great grand-daughters. Then there are oneâs collateral relatives: first the sistersâa term that includes blood sisters and half-sisters; then the aunts, a term which can also include great-aunts; and finally, the daughters of oneâs brother or sister, i.e., oneâs nieces on both sides.
- Women prohibited as a result of breastfeeding:
Your nurses (literally âyour mothers that gave you the breastâ).
Your sisters through breastfeeding.
This is the fragment that directly concerns us: relatives through breastfeeding are limited to oneâs nurse and milk sister. Nurses are designated by the expression âyour mothers that gave you the breast,â maternity being defined here through breastfeeding. The term âsisterâ is more ambiguous, by contrast. Does it refer only to the nurseâs birth-daughters? Or does it refer to all girls to whom she gave the breast? In the latter case, does it refer to all of the nurseâs foster daughters or only to those who were breastfed during the same period as Ego [the breastfeeding child]? In any case, the Qurâân does not mention âdaughters through breastfeeding,â or âaunts through breastfeeding,â or even ânieces through breastfeeding.â If the Qurâân truly subscribed to the distinction between the two forms of kinship (by breastfeeding and by birth), the mention of mothers would have been followed by the mention of daughters, while sisters would have been added in the third position. But the Qurâân does not mention daughters through breastfeeding, because such a notion did not belong to the cultural and historical context of its time. Furthermore, as it does not condition the sisterâs status, we can assume that all of the nurseâs daughters, whether by milk or blood, were sisters to all the boys she breastfed.
- Women prohibited as a result of alliance:
The mothers of your wives.
The daughters of your wives (rabââib).
The wives of your sons, born from your loins.6
6 âThe wives of your fathersâ must be added to this list (4, 22) for it to be complete. Looking more closely at the prohibition of the wives of the father (4, 22), we can observe that this third category only concerns relatives by birth, that is, ascendants and descendants of the wife, as well as the wives of ascendants and descendants. These two cases are instructive by way of comparison. While verse 4, 22 refers to âthe daughters of your wives,â there is no mention of âthe daughters fed by your wivesâ milk.â Also, it lists âyour sons born from your loins,â a category normally used to distinguish a fatherâs natural from his adopted children, so why does is not refer to âyour sons by breastfeeding?â
This reading of verse 4, 22, which stresses the absence of milk relatives, corresponds roughly to the argumentation of those legal scholars who objected to the theory of laban al-fahl. Moreover, we cannot accept the thesis developed by jurists after the third/ninth century, which claims that the Qurâân subscribes to a notion of milk kinship that is strictly analogous to consanguineous kinship. One can find an additional argument against this analogy by comparing verses 4, 23 and 4, 22. The latter verse contains the impediment to marry oneâs fatherâs wife, either after his death or her separation from the father. The controversial tone adopted by the Qurâân in this respect suggests that such a union was part of Arab customs.7 By contrast, the incest taboos deriving from milk kinship in verse 4, 23 are formulated without any polemic. This probably means that they did not constitute a novelty in central Arabia. We must thus conclude that the analogy between filiation by marriage and by breastfeeding was already known to the Arabs before the advent of Islam, and that the Qurâân did not introduce any changes on this matter. Otherwise, we would have to explain why the Qurâân did not adopt the same polemical tone in prohibiting marriage with oneâs fatherâs wife. In my view, the analogy between filiation by blood and by breastfeeding cannot be presupposed by the Qurâân, because such a novelty would have had to be formulated very clearly. Given the emergence of a heated debate surrounding these issues at the end of the first/seventh century, we can assume that if the analogy was of Qurâânic origin, it would have provoked a serious opposition already at the time it was written. Moreover, as the Qurâân in other instances adopts a dialogical rhetoric concerning the notions it aimed to abolish, it would not have failed to carry a trace of this debate. Hence, we can conclude that the absence of such a trace is further evidence that the Qurâân did not introduce changes to the concept of milk kinship in Arabia during the seventh century CE but that it was content to endorse contemporary notions.
7 Verse 4, 22 is controversial because it refers to the custom of marrying oneâs fatherâs wife after his death, which leads us to believe that this was a concrete practice. It should be noted that the spontaneous concept of milk kinship, expressed by the faithful in cases they submitted to the Muftisâincluding todayâsâis very often restricted with respect to the Qurâânic tradition. Let us quote a contemporary case: âI was breastfed by my paternal uncleâs wife at the same time as his first daughter. After this daughter, she had two other daughters. Does the law allow me to marry one of these two [later] daughters or is it forbidden for me to marry [all] three girls?â8 The question relies on the premise that for marriage to be forbidden, there must have been co-lactation, that is, both babies would have had to be breastfed by the same wet nurse during the same period of time, and consequently with the same milk. This means that the doctrine of laban al-fahl is not unambiguous and constitutes a novelty.
8 Hasanayn Muhammad MakhlĂťf, Fatâwâ sharâiyya (2 vols, Cairo, 1965), vol. 2, 65. The study of the Qurâân leads to an important result: There is no mention of âmilk daughters.â The concept of the âmilk fatherâ is, likewise, unknown to the Qurâân, which is why it is not surprising that the formula of laban al-fahl is missing as well. Furthermore, the Qurâân seems to ignore the analogy between kinship by birth and kinship by breastfeeding. While the first case mentions oneâs mothers, daughters, sisters, aunts, and nieces, the second case only lists nurses and their daughters as sisters of the breastfed child. Hence we can suggest that according to the Qurâân, milk kinship is limited to the nurse and her childrenâwithout being able to determine whether this included her offspring by blood as well as by milk.9 As the Qurâân does not offer any further information on the subject of the nurseâs daughters, we can assume that the Qurâânic concept of milk kinship was unambiguous in the eyes of those to whom it was addressed. If we accept these premises, we can suggest that the classical Islamic doctrine on milk kinship was established at a later date, after the emergence of the so-called Qurâânic vulgate, which broke with earlier doctrines under intervention from the Ulemas [Islamic legal scholars]. While imposing a new theory, they were forced to present it as an extension of the Qurâânic viewpoint, by taking recourse to a coherent and unified Sunna.10 In order to distinguish the Qurâânic concept from the legal one, we will name the first view maternal and the second one paternal.
10 The patriarchal perspective is based exclusively on the prophetic tradition, which constitutes the Sunna and is the object of numerous controversies. As it is materially distinct from the Qurâânic corpus, its supporters had to present it as an explanation of the Qurâân in order to secure it a place in the then emerging institutional system of Islam. 9 We know that Muhammad himself had milk brothers and a milk sister. These siblings were the consanguineous children of his wet nurses. During the third/ninth century, a genuine revolution in the field of milk kinship took place: originally supported by the Qurâân, the transmission of milk bonds via the âmaternal channelâ was abandoned by the Ulemas, who substituted it with a theory based on bilinearity, which nonetheless privileged the paternal line. We must not be mistaken: The fiction of the âmilk of the maleâ does not just establish bilinearity but, further, emphasizes the supremacy of the masculine over the feminine. Even though breast milk is secreted from the female body, the male is viewed as the primary cause of its production, and it is for this reason that he is related to the nursling. Since the late second/eighth century, at the beginning of the Abbasid Dynasty, this revolution was essentially completed. The ancient concept was abolished, and the new one had spread as the âtrueâ doctrine. The collections of Hadith (BukhârĂŽ, Muslim, etc.), which would later become canonical, were about to play an important part in this process.11 They retained nothing or nearly nothing of the Qurâânic notion of milk kinship. However, in his book on abrogated Qurâânic verses, HarawĂŽ (d. 224/838) does not mention breastfeeding.12 It would only be addressed a century la...