Channel: Yasir Qadhi
Series: Yasir Qadhi - Ask Shaykh YQ
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Brother moshed emails saying that he has in his family, a premature baby that was born and the mother is not lactating and because of the situation of the child, the hospital has given them a supply of human milk from other ladies from what is called a milk bank in which milk is get donated by hundreds of women and then purified and then mixed together and then made into basically a standard milk to give to such children that do not have access to other milk and they need milk instead of the chemical concoctions that are given. So our brother says what is the ruling on this that may this child and his family be given this milk from the milk bank? One
out of seven mean Kabini in at Jalan no he lay him first earn Oh, lickety.
Now firstly realize we're not talking about Boto over here, if it's the Rudra simple example, if there is a child born, and for whatever reason, there is no you know, access to or the child is not able to consume artificial or powdered or whatnot. And the mother, you know, is not able to give and there is a source whom you do not know, I'm giving a hypothetical example, can you take that milk? Of course you can, what's the alternative? The child is going to die? We're not talking about bodhichitta. Here, you're talking about a Hajer. And how'd you hear like obviously the child is a premature, maybe it can be given chemical milk, but in the end of the day powdered milk, I mean, but
in the end of the day, clearly any Allah created that milk is better for the child, the mother, the mother's milk or any mother's milk human milk is better than the powdered milk that comes. And so the problem here therefore comes that we do not know the origin or the source, and there is the issue of foster mothership being established. Now, this issue is a modern one. Obviously, milk banks are a modern phenomenon. They did not exist in the last century. So you're not going to find a fatwa for moving Tamia about milk banks. This is a modern question. And a number of scholars and councils have looked into this issue and have given multiple opinions, there is a spectrum of opinion. And I
have read through a number of fatawa in this regard. And again, this is the rapid fire q&a. So I'll just give you what I think is the the position that I personally follow, which is the position that Shakalaka Bowie has given and also Dr. Omar Lashkar and others have given that milk banks are allowed, because the quantity of milk that is come that comes the number of donors and the mixing of it becomes such that it is insignificant who one particular individual might be. So we are talking about hundreds of Lady So again, these are ladies that will donate their surplus milk to a charity, knowing that this charity or this milk bank will then give it to children who are in need like like
you just said, you have a case of a premature baby. So there are ladies that donate and they should donate it is not allowed to sell because it is not their property in the first place. They donate their milk, and this is a good thing to do overall that you give to somebody who is in need. Now if a lady were to do this to her friend, and that is known and Hamdulillah that is excellent. The Sharia establishes the foster hood, you know, etc. Excellent. The problem comes as you said, the lady is given it to the bank and the milk bank and the milk bank. They have a process in which hundreds of people's have ladies milks are put together, purified whatever, you know, chemicals,
whatever needs to be done to you know, make it into consistency and whatnot. And then that milk is then given to 1000s of children you know, across that city who need it. So a number of scholars have been strict and said oh, this is even one drop establishes Mahara me and whatnot. However, any many other olema have said actually, and this is based upon the Shafi and humbly position, that it's not a drop No, it has to be a number of sucklings it has to be a good quantity. It's not just a drop in if somebody types are stricter in this regard. So yes, one drop changes it for them. But the hadith is very clear, that realize from Ajah and homesteader bodies are very clear Hadith in my humble
opinion. And therefore I follow the position that says that the child must feed five full times from hunger until the child has stopped feeding. So a drop does not establish Hermia and this is the default position of the majority schools. So a drop does not establish Horomia therefore
If hundreds of lady's milk is mixed together, the end result will be less than a drop less than a drop that the child will be getting. And on top of this, there's clearly a hija on top of this, you know, generally this is given to premature children, etc. And therefore, shallow Qaradawi says it is completely permissible. And Dr. Emoto Ashkar says that it is permissible if there is a Hajer although he even says even if there's no Hydras allowed I'm sympathetic more to doctor I'm going to at least let there be a need you know, I'm saying like Yanni, if everything is equal, why open this door if the child has another source, if powdered milk will do the job, why open this door but if
it's going to be better for the child and if you know there's a need for it, and you know, the bank is trustworthy and whatnot then insha Allah data, as a number of scholars have said it is permissible will Lahu Tala Adam