Short answer
Religiously she should, but a court cannot force her. In the Hanafi school a mother is bound before Allah to nurse her baby, yet she may not be compelled unless the baby will take no other milk. Formula or another nursing woman is allowed, and the cost falls on the father. The schools differ on details.
Nursing is the mother's duty diyanatan (between her and Allah), not qada'an (enforceable by a judge), because the baby's food is the father's responsibility. She is compelled only when the baby refuses other milk or no alternative exists. While married to the father, or in her iddah from him, she may not charge him a wage for nursing their child; after the iddah she may.
Other madhhabs
- Maliki
- A married mother must nurse her child, unless by custom women of her standing do not nurse, in which case the father arranges a wet nurse.
- Shafi'i
- She must give the first milk (colostrum), since the baby rarely thrives without it; after that she is not obliged and may take a wage.
- Hanbali
- She is not obliged to nurse unless the baby needs her, and she may take a wage from the father even while married.
Explanation
Allah says that mothers nurse their children two full years, and that the father must provide for the mother according to what is reasonable. He also says that if the parents disagree, another woman may nurse the child. From these ayat the Hanafi scholars drew a balanced rule: nursing is the mother's moral duty, while paying for the baby's food is the father's legal one.
What this means in practice:
- She should nurse if she can. Breast milk is the baby's right, and nursing earns great reward.
- She is not sinful for using formula when she cannot nurse, has little milk, is unwell, or has a real reason. The Quran itself allows another source of milk.
- She can be required to nurse only when the baby will not take a bottle or another woman, or the family cannot afford an alternative, since the baby's life comes first.
- Wages: a divorced mother whose iddah has ended may ask the father for a fair wage, and she has more right to nurse than a stranger at the same price.
Weaning before two years is allowed when both parents agree and the baby is not harmed. For the full nursing period see how long to breastfeed. If another woman nurses the baby, a milk relationship is created; see nursing another woman's baby. For fasting while nursing see fasting while breastfeeding.
The evidence
Quran, Surah Al-Baqara 2:233
۞ وَٱلْوَٰلِدَٰتُ يُرْضِعْنَ أَوْلَٰدَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ لِمَنْ أَرَادَ أَن يُتِمَّ ٱلرَّضَاعَةَ ۚ وَعَلَى ٱلْمَوْلُودِ لَهُۥ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِٱلْمَعْرُوفِ ۚ لَا تُكَلَّفُ نَفْسٌ إِلَّا وُسْعَهَا ۚ لَا تُضَآرَّ وَٰلِدَةٌۢ بِوَلَدِهَا وَلَا مَوْلُودٌۭ لَّهُۥ بِوَلَدِهِۦ ۚ وَعَلَى ٱلْوَارِثِ مِثْلُ ذَٰلِكَ ۗ فَإِنْ أَرَادَا فِصَالًا عَن تَرَاضٍۢ مِّنْهُمَا وَتَشَاوُرٍۢ فَلَا جُنَاحَ عَلَيْهِمَا ۗ وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُوٓا۟ أَوْلَٰدَكُمْ فَلَا جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّآ ءَاتَيْتُم بِٱلْمَعْرُوفِ ۗ وَٱتَّقُوا۟ ٱللَّهَ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌۭ ﴿٢٣٣﴾
Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period]. Upon the father is the mothers' provision and their clothing according to what is acceptable. No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child. And upon the [father's] heir is [a duty] like that [of the father]. And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them. And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable. And fear Allah and know that Allah is Seeing of what you do.
Sets the nursing period and puts the mother's provision on the father.
Quran, Surah At-Talaaq 65:6
أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم مِّن وُجْدِكُمْ وَلَا تُضَآرُّوهُنَّ لِتُضَيِّقُوا۟ عَلَيْهِنَّ ۚ وَإِن كُنَّ أُو۟لَٰتِ حَمْلٍۢ فَأَنفِقُوا۟ عَلَيْهِنَّ حَتَّىٰ يَضَعْنَ حَمْلَهُنَّ ۚ فَإِنْ أَرْضَعْنَ لَكُمْ فَـَٔاتُوهُنَّ أُجُورَهُنَّ ۖ وَأْتَمِرُوا۟ بَيْنَكُم بِمَعْرُوفٍۢ ۖ وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُۥٓ أُخْرَىٰ ﴿٦﴾
Lodge them [in a section] of where you dwell out of your means and do not harm them in order to oppress them. And if they should be pregnant, then spend on them until they give birth. And if they breastfeed for you, then give them their payment and confer among yourselves in the acceptable way; but if you are in discord, then there may breastfeed for the father another woman.
Allows a wage for nursing and another woman to nurse if the parents disagree.
Where the ruling is recorded
- al-Hidaya, Kitab al-Talaq, chapter on maintenance (nafaqa), section on children. States that the mother is not compelled to nurse because it is part of the father's maintenance duty, unless no alternative exists, and that she may not take a wage while married or in iddah.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Talaq, chapter on maintenance. Explains the duty diyanatan as opposed to qada'an.
- al-Mughni (Ibn Qudama), Kitab al-Nafaqat, section on nursing. The Hanbali position on the mother's wage.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.