Ahle Bayt Repo

عربي

Milk of the man near the opponents

Hadith No: 1
Al-Imam al-Shafi'i - Kitab al-Um - Mukhtasar al-Muzani - Book on Suckling - Chapter on the Suckling of a Hermaphrodite
Volume: (8) - Page Number: (38)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... (Al-Shafi'i) may God have mercy on him, said: If the predominant characteristic of the hermaphrodite is that he is a man who married a woman and did not ejaculate, then a man married him and if he subsequently produces milk and uses it to nurse a child, it would not be a nursing that prohibits marriage. Conversely, if the predominant characteristic is that she is a woman, and she produces milk from a marriage or otherwise and nurses a child, it would be a nursing that prohibits marriage. Even in ambiguous cases, she can marry with either characteristic she wishes, and whichever she first married with will be valid, but I would not allow her to marry the other.

Reference: Kitaab al-Umm Book 8
Hadith No: 2
Al-Nawawi - al-Majmu' Sharh al-Muhthab
Ta'kmilat Muhammad Najib al-Mu'ti'i - Kitab al-Diyat - Bab Urosh al-Jinayat
Volume: (19) - Page Number: (122)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And if the khuntha (hermaphrodite) has milk and someone hits its breast, causing its milk to stop, then if we follow Abu Ali's view, a punishment (hukumah) becomes obligatory upon it, and if we follow the view of the majority of our companions, it is based on two scenarios regarding the milk of a man.

Reference: Al-Majmu' Sharh al-Mohaddhab Book 19
Hadith No: 3
Al-Shurbini - Maghni al-Muhtaj ila Ma'rifat Ma'ani Alfazh al-Minhaj - Book of Nursing
Volume: (5) - Page Number: (125)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Note: It is understood that his limitation to what he mentioned implies that the condition of having given birth (thiyubah) is not required, which is the correct and explicitly stated view. It is also said that it is a requirement because the milk of a virgin (bakr) is rare and resembles the milk of a man. (Even if her milk was expressed) before her death while she was in a stable state of life.

Reference: Mughni al-Mohtaaj ilaa Ma'refah Ma'aani Alfaadh Al-Minhaaj Book 5
Hadith No: 4
Al-Zamakhshari - al-Fa'iq fi Gharib al-Hadith - Letter L
Volume: (3) - Page Number: (297)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... He is the man whose wife bore him a child, so the milk she is nursing with is the milk of the man because of the drought. Therefore, anyone she nurses with this milk is forbidden to him, as well as to his parents and children, from that woman and from others. This is the view of the majority of the early generations and jurists.

Reference: Al-Faaeq Fee Ghareeb al-Hadees Book 3
Hadith No: 5
Ibn Hajar al-Haytami - Tuhfat al-Muhtaj fi Sharh al-Minhaj and the Marginalia of al-Shurunbulali and al-Ibadi
Book of Sale - Pillars of Sale
Volume: (4) - Page Number: (235)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... His statement: (that it is based on) namely, the non-permissibility of drinking it, and his statement: (that it is impure) refers to the man's milk.

Reference: Tohfah al-Mohtaaj fi Sharh al-Minhaaj Book 4