Maintenance of the divorced nursing mother and infant

نفقة المطلقة المرضع والرضيع

From al-Baqara 2:233 Sha'rawi holds that maintenance and clothing fall on the father, the one to whom the child is born, and that they are owed to divorced nursing mothers rather than to wives in general; that it is measured by custom and nobody is charged beyond capacity; and that the heir bears the same duty if the father dies 1 2.

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The Prophetic Era
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Family, marriage and kinshipLaw and courts

Summary

From al-Baqara 2:233, Sha'rawi holds that maintenance and clothing fall on the father, and are owed in the first place to divorced nursing mothers rather than to wives in general, measured by custom and without charging anyone beyond capacity. 1

Divorced mothers, not all wives

Sha'rawi answers those who read the maintenance as owed to wives in general, and says that here it is owed to the divorced mothers who nurse. 1

Why the father

Sha'rawi notes that the verse says 'the one to whom the child is born' rather than 'the father', placing the duty on him because the child is attributed to him. 1

No charge beyond capacity, no harm

The verse states that no soul is charged beyond its capacity, so the mother should not burden the father beyond his means, and the father should not withhold maintenance so as to harm her. 2

The heir's duty

If the father dies, the same duty falls on his heir, and so responsibility passes to whoever inherits guardianship of the father's property. 2

Opinions on the question

The question: On whom does the maintenance of the divorced nursing mother and infant fall, and to whom is it owed?

First opinion · Sunni tradition (the museum's frame)Main reference

The father bears the upkeep, measured by custom and capacity

Sha'rawi places the duty on the father by the wording 'the one to whom the child is born', and warns that neither mother nor father may be harmed by the other on the child's account {cite:tafsir-sharawi-khawatir-scan-vol-2 p.1005} {cite:tafsir-sharawi-khawatir-scan-vol-2 p.1006}. He explains the duty of the heir in the same way {cite:tafsir-sharawi-khawatir-scan-vol-2 p.1006}.

Held by: Muhammad Mutawalli al-Sha'rawi

Connections

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Related to
Breastfeeding and weaning· Qur'an 2:233· Divorce (talaq)

People and things also explored

Divorce before consummation· Iddah (waiting period)· Breastfeeding and weaning· Milk-kinship prohibition (rada')· Divorce (talaq)· Raj'a (the return to the world)· Muwatta 1581· Muwatta 1582

Sources

  1. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p.1005
  2. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p.1006
Cite this page

islam.museum contributors. “Maintenance of the divorced nursing mother and infant”. islam.museum, https://islam.museum/en/concept/maintenance-after-divorce/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Divorce before consummation

Sha'rawi sets out what a woman divorced before consummation is owed. If no dower was fixed, she receives a provision (mut'a) according to the husband's means; if a dower was fixed, she receives half of it unless she waives it or the one in whose hand the marriage knot lies waives it. He reads grace (fadl) as completing justice ('adl) here.