#781: The Period for the Weaning of a Baby
781 QUESTION:
“Assalamu alaykum , I need more explanation on the weaning a baby , because I was a bit confused ,the two years they said was it from pregnancy or is after a child was given birth?”
ANSWER:
Wa Alaykum Salām Warahmatullāh Wabarakātuh.
Know, may Allāh be merciful to us and you, that the Hawlayn (two years) refered to as regards weaning is two years after birth as the explanations of the Ulamā have preceded.
Then, know that Imam Abū Ja’afar At-Tabarī rahimahumullāh mentioned in his Tafsīr that the Ulamā differed as to who the two years apply to.
The first position, which is that narrated from Ibn ‘Abbās from ‘Ikrimah, is that two years nursing applies to the woman who puts to bed from 6 months pregnancy, that the 30 months period mentioned by Allāh gets complete. And that the woman who carries the pregnancy for 9 months nurses the child for 21 months.
The second position which is that held by ‘Atā is that this applies to any child whose parents differ on the period for the nursing and weaning.
The third position which is that held by Az-Zuhri from Ibn ‘Umar is that it is an indication from Allāh of merely the maximum period for the nursing and weaning of a child.
The fourth, that this applies primarily to the child born to divorced parents, Allāh in the verse judges on the period for the nursing and weaning.
Imam Abū Ja’afar At-Tabarī rahimahumullāh mentioned all of these in his Tafsīr, rahimahullāh.
However, the majority of the Ulamā have applied it to all infants whether in marriages or divorced marriages, whether 6 months pregnancies or 9 months pregnancy. And At-Tabarī has said that this is what is strongest and that it is an indication of the maximum period expected for nursing and weaning.
However, it should be known that there is no obligation to the completion of the two years referred here. This is because Allāh has said:
فَإِنْ أَرَادَا فِصَالًا عَنْ تَرَاضٍ مِنْهُمَا وَتَشَاوُرٍ فَلَا جُنَاحَ عَلَيْهِمَا
“And if they both want to wean (the child) based on an agreement between them both and by consultation, there is no blame upon them.”
Imām Al-Qurtubī rahimahumullāh mentioned in his Tafsīr of this verse that Allāh has given the right to decide the weaning period and the nursing period to both parents and that is why He mentioned ‘by agreement’ and then advised them to seek consultations by saying ‘by consultations’. Therefore there is no harm.
In the absence of an agreement and a discussion by both parents on the period of nursing and weaning, the assumed period is two years in which the husband takes the financial burden of nursing by obligation. This is prevalent in cases of divorce. It is not in that case permissible for the Husband to refuse to finance the nursing period. And Allāh knows best.
Bārakallāhu Fīkum
Jazakumullāhu Khayran.
11th Ramadān, 1440A.H
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