Is it permissible to wean a baby girl before she completes two years without the husband's knowledge, given that the husband swore by divorce not to wean her before this period, and there are health impediments for the mother, and the baby girl refuses external food and relies entirely on breastfeeding? Is there a solution for the divorce oath?
An oath of divorce cannot be dissolved according to the majority of jurists. If the sworn-upon condition occurs (weaning before two years), the divorce takes effect. Weaning an infant before two years is permissible with the agreement of both spouses, and the mother is not allowed to do so unilaterally. Scholars have differed on whether breastfeeding is a right of the mother or an obligation upon her. If the mother is harmed by breastfeeding, she is not obligated to do it. It is recommended for the spouses to reach an understanding and seek alternatives, such as enlisting the help of another wet nurse or accustoming the infant to formula milk and solid food.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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