Commentary
And when marriage may lead to childbirth, there may be nursing from it. The wet nurse may be a wife, and she may be a foreigner. The wife may be connected, and she may be separated. The separation by divorce is more than that by death. He placed it between the waiting periods of divorce and death, to relate it to each one for a reason, and to emphasize the importance of caring for the child and the great attention to his matter. This is because the mother may be divorced and may disregard the child as a form of harm to the husband if the divorce is due to discord or a desire for another husband. Likewise, the father. Allah, the Most High, said, relating to what you may determine as an example: Women have many rulings, and you have learned from them here principles that are understood by those whom Allah has granted insight into many branches. As for the divorced women, if there is no connection between you and them by childbirth or the like, then you have no way over them.
And al-Harali said: When He, glorified and exalted is He, mentioned the rulings of disputes between spouses, which the book was greatly revealed for, and it was from the ruling of the interconnection of spouses that childbirth occurs and the rulings of nursing, He organized it with an emphasis also on meanings that go beyond what is stated and are included in understanding. This is because it is known that the understanding of the Quran is greater than its explicitness, which is hardly counted. Therefore, there is much discourse in it, also relating to what is not mentioned, so that the explicitness is always indicative of an understanding that is attained by one who has been granted the spirit of reason from understanding, just as the comprehension of explicitness is attained by one whom Allah has granted the essence of reason, which is knowledge. Then He, the Most High, said: "And the mothers" meaning from the divorced women and others. Their command to nurse is in the form of a report that is meant to have been done, and it has been emphasized, even if the recommendation implies a requirement for a reward for them here and in the Surah of Divorce and what comes from nursing. He said: "They should nurse their children."
Al-Harali said: Allah, the Most High, made the mother the source of the offspring who is nourished from her nourishment in the womb with blood, just as her members are nourished from her blood. Therefore, her milk is more rightful for her child than for others, so that he may be nourished as a newborn from his nourisher, the fetus. It is more appropriate that they should nurse their children. He mentioned it with children to include both males and females. He said: Nursing is the nourishment that removes weakness and emaciation with the collective sustenance, which is food and drink, and it is the milk that is located in the breast of the woman and the udder of the animal.
And when he mentioned breastfeeding, he mentioned its duration. When the intended purpose was merely the transition of time through its four seasons and the return of the sun after traversing the twelve signs to the sign in which it was at the time of birth, the intention is not to imply praise of the time nor to condemn it, nor to describe it as narrow or wide. He expressed it in a way that indicates the mere transition, saying: ﴿two years﴾. The year is the completion of the strength in the matter that ends with the cycle of the sun, which is the year that gathers the perfection of the vegetation that completes its powers in it - this was stated by al-Harali. It is as if it is taken from what has the power of transformation. Since a thing can be referred to in most cases metaphorically, it is valid to intend a year and part of the second. He clarified that the intended meaning is the reality, certainly, to resolve the dispute between the two spouses regarding the duration of breastfeeding and to inform about the time that restricts the prohibition, as he said, blessings and peace be upon him, "Indeed, breastfeeding is due to hunger," by his saying: ﴿complete﴾. When that might imply the necessity of completion, he negated it by saying: ﴿for whom﴾, meaning this ruling is for whom ﴿wants to complete the breastfeeding﴾. He understood that it is permissible to wean for a benefit before that and that there is no breastfeeding after completion.
And al-Harali said: What is sufficient without completion is what his saying, glorified and exalted is He, gathered: ﴿And his carrying and weaning is thirty months﴾ [Al-Ahqaf: 15]. If the carrying is nine, then the breastfeeding is twenty-one months. If it is two years, then the total is thirty-three months, which would be three odd months and three complete cycles. This would be the completion of carrying and breastfeeding, so that the completion of breastfeeding and the sufficiency of carrying would meet in thirty - this is concluded.
And when it was suggested that this might be free, he negated it by saying: ﴿And upon﴾. And since motherhood is not realized in a man as it is in a woman, and lineage is sufficient in it by the marital bed, and it is for the man without the woman, he said: ﴿the newborn belongs to him﴾, meaning on his marital bed. ﴿Their provision﴾, meaning the wet nurses, for the sake of breastfeeding, whether they are connected or separated. If the connected one becomes rebellious, it does not fall, even if what pertains to the marriage falls. When her engagement in breastfeeding distracts her from everything the husband wants from enjoyment, it might imply the falling of clothing; he mentioned it, saying: ﴿and their clothing﴾ is a wage for them.
Al-Harali said: Clothing is the attire of the human being that covers what should be covered of the male and female. He said: The addition of provision and clothing to them indicates consideration of the woman's condition in it and her return to the Sunnah, not to innovation - this is concluded.
And since the situation differs in expenditure and clothing due to the different conditions of men and women, he said: ﴿in a good manner﴾, meaning - from the state of each of them.
Al-Harali said: He affirmed what the addition implied and clarified the address in its generality - this is concluded.
Then he explained or interpreted it with the Hanifiyyah which He, glorified and exalted is He, bestowed upon us, saying: ﴿You are not burdened﴾.
Al-Harali said: From the obligation, which is that a person is made to be charged with the matter that his nature calls him to, "Nafs" meaning that it does not fall upon it to be charged, even though He, glorified and exalted is He, has the ability to do as He wills, "except what it can bear" meaning what it can encompass and endure, not as He, glorified and exalted is He, did with those before, (p-334) when one of them would cut what had been affected by urine from his skin with scissors, and the capacity.
Al-Harali said: What is achieved with grace and the completeness of strength.
And when the result of that is the attainment of benefit and the repelling of harm, He said: "No mother should be harmed by her child" meaning that the spender should not harm her nor should she harm him. Ibn Kathir, Abu Amr, and Ya'qub included the letter 'ra' in the good, which is more emphatic, while the others opened it for the prohibition. It can imply both the doer and the acted upon in it, "nor should a newborn be harmed by his father" (p-332) meaning the newborn on his bed has no right to harm the mother with him, nor does she have the right to harm him with him, nor to harm the child through negligence and the like, carrying the mutual action on the simple action. And whoever attributed the harming to Him, glorified and exalted is He, added the child to Him as an appeal to Him regarding it and a stirring of His nature towards more of its benefit.
Al-Harali said: So in it is an indication that the father should not prevent the mother from nursing her child, for it would harm her in losing him, nor should he mistreat her in her provision and clothing because of her child. Just as it is not appropriate for him to keep her as a wife except in kindness, it is not appropriate for him to seek her nursing except in kindness, and kindness cannot be completed except by being free from harm.
And in its implication is a warning to mothers against abandoning their children with the intent to harm, while the nature inclines towards caring for them. Likewise, in its implication is that she should not harm him in excess of provision or clothing - ended.
And when the matter was completed with kindness and what followed it from its explanation, and that was based on the assumption of the presence of the father at that time, he clarified the situation afterwards and said: "And upon the heir" meaning (p-336) the heir of the father, which is the nursing child, "like that" meaning what is commanded of kindness as he explained it concerning his wealth if his father dies and the heir.
Al-Harali said: What is received from the living regarding the dead is what they had of rights or wealth - ended.
And it was said regarding the heir other than that because he had previously mentioned the mothers, the child, and the newborn, so it was possible that the heir be attributed to each of them.
And when he clarified the duration of nursing and the matter of provision, he stated what the words implied regarding the permissibility of weaning before completion, saying, causing what the expression implied: "If they both intend" meaning the parents "weaning" meaning weaning before the completion of the two years for the small child from nursing.
Al-Harali said: It is from the chapter that is the return of the continuous ones to a previous state - it has ended. It is broader than weaning, and for this reason it is expressed in this way. When he clarified that, he indicated that it is not permissible except with mutual benefit, so he said: ﴿by mutual consent of both﴾. Then he clarified that the matter is a risk that requires complete consideration by saying: ﴿and consultation﴾, meaning the management of the discussion in that so that the opinion which should be acted upon is extracted.
Al-Harali said: He clarified by indicating what is in his saying: ﴿to complete﴾ and that sufficiency can occur without the two years, so making that not free from harm except with the gathering of their intentions and mutual consent and consultation for the one who has insight, lest they come together on a deficiency of opinion. He said, blessings and peace be upon him: "Whoever seeks guidance will not be disappointed, and whoever consults will not regret." Consultation is to extract the sweetness of the opinion and its purity from the cells of the hearts, just as honey is extracted from its hive - it has ended.
﴿There is no blame upon both﴾ in what they have reduced from (p-337) the two years because they are not suspected in the matter and their agreement in it and the opinion of those whom they consult rarely errs.
Al-Harali said: In it is an indication that there are three ranks: the rank of completion in which there is goodness and blessing, the rank of sufficiency in which the blame is lifted, and a state of harm in which there is blame - it has ended.
And the understanding of the completeness of this concern is that the weaker a person is, the more Allah's mercy for him is abundant and His care for him is greater.
And when he clarified the nursing of mothers and presented it as evidence for its priority, he followed it with what indicates the permissibility of others, so he said: ﴿And if you intend﴾, meaning, O men, ﴿to seek nursing﴾, meaning to request someone to nurse ﴿your children﴾ from other than the mothers, ﴿there is no blame﴾, meaning no inclination towards sin ﴿upon you if you give﴾, meaning to the wet nurses ﴿what you have given﴾, meaning what you have provided for them of the gift ﴿in a good manner﴾, generously and kindly, without being stingy or difficult, for that is more effective in removing excuses for the wet nurses (p-338) and it is more deserving of diligence in advising and not neglecting the right of the small one.
And when the command was: So do all that I have commanded you and refrain from all that I have forbidden you, for I have gathered for you the benefits of both homes in this book which is guidance for the righteous, it was followed by his saying: ﴿And fear Allah﴾, meaning the One who has comprehensive power and complete knowledge. Then he warned them of His might by saying, alerting them to the greatness of these rulings: ﴿And know﴾ and he linked the matter to the greatest name that encompasses all the beautiful names by saying: ﴿that Allah﴾, meaning the One who encompasses the attributes of perfection, in order to glorify the status. And for this reason, he emphasized His knowledge, glorified and exalted is He, here in a manner similar to what has preceded in ﴿And whatever good you do, indeed Allah is Knowing of it﴾ [Al-Baqarah: 215], by prefacing His saying to inform of increased attention ﴿to what you do﴾, meaning of secret and open.
And when these rulings were more precise than those in the following verse, and many of them are dependent on the actions of the hearts, He concluded it with that which indicates sight and knowledge, so He said: ﴿All-Seeing﴾, meaning possessing profound knowledge of it. So act according to that.
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