To whom is milk attributed, and does the second husband become a father to the infant?
For a divorced woman or a widow who has milk from her first husband and then marries another, there are five scenarios:
1. The first milk remains as is: The milk belongs to the first husband. We know of no disagreement on this, except for the Malikis, who hold that it belongs to both as soon as the second husband engages in intercourse. 2. No pregnancy from the second husband: The milk belongs to the first husband, whether it increases, decreases, or ceases and then returns. However, the Malikis hold that it belongs to both as soon as intercourse occurs. 3. Childbirth from the second husband: The milk is specific to the second husband. All scholars whose opinions are preserved have agreed on this, and it is the view of Abu Hanifa and Al-Shafi'i. However, the Malikis hold that it belongs to both if the milk flow continues after childbirth from the second husband. 4. The first milk remains and increases due to pregnancy from the second husband: The milk is from both of them according to the Hanbalis and Malikis. Abu Hanifa said it belongs to the first. Al-Shafi'i has two opinions. 5. The first milk stops then returns with pregnancy from the second husband: It is said that it is from her, and it is said that it is for the second husband. These are opinions among the Hanbalis and Shafi'is. Abu Hanifa said it belongs to the first husband as long as she has not given birth from the second.
In summary: The existing milk belongs to the first husband as long as she has not become pregnant from the second and the milk has not increased due to pregnancy, according to the preponderant opinion. In this case, the second husband is not a foster father to this child, nor to anyone who suckled from this milk.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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