خلاصة:
By developing banks of mothers’ milk for children in need, the issue of realization of riza` and its jurisprudential and legal consequences is raised. With Ijtihadi method, this article surveys Qur’anic verses and hadiths to evaluate two prominent viewpoints in this issue. The results show that suckling from woman’s breast is not required in realization of riza` and because this view is against the common fatwa of Shia jurists obligatory precaution should be observed.
ملخص الجهاز:
The result of this research shows that the condition of sucking from the breast cannot be proven for establishing mahramiyat (unmarriageability), and legal radā' occurs through the use of milk available in the milk bank; considering the opposition of this view to the majority of jurists, the conditions for becoming a mahram resulting from kinship must be observed based on obligatory precaution (ihtiyat wajib).
In jurisprudential terminology, giving milk to a child is also called "Radā'", which is one of the causes of mahramiyat (prohibited degrees of relationship) (Muhaqqiq al-Hilli, 1408 AH, Vol. 2, p.
b) The famous view among Imami jurists is that the milk must be sucked directly from the breast; therefore, if one consumes milk that has been placed in a container, the spreading of prohibition (nashr al-hurmah) does not occur (Muhaqqiq al-Hilli, 1408 AH, Vol. 2, p.
7. Opinions of those who claim sucking from the breast is not a condition Ibn Junayd, according to the Imam (in the narration of Jamil ibn Darraj), has argued that: if someone consumes a woman's milk, even by pouring it into the mouth, radā' (breastfeeding) applies (Hurr al-Amili, 1409 AH, Vol. 20, p.
1 - First Category: Narrations regarding pouring milk into the throat a) Imam al-Sadiq (as) says: Pouring milk into the infant's throat brings about prohibition, just like sucking from the breast (Hurr al-Amili, 1414 AH, Vol. 20, p.