Can the mother ask the father for payment in return for breastfeeding her children from him?

Question

Praise be to Allah.

Some scholars are of the view that if the wife asks her
husband for payment for breastfeeding her children from him, then he must
pay her, and they quoted as evidence the verse in which Allah says
(interpretation of the meaning): “Then if they give suck to the children
for you, give them their due payment” [al-Talaaq 65:6].

This is the view of Imam Ahmad (may Allah have mercy on
him).

See: al-Mughni, 11/431.

But the correct view concerning this matter is that if the
wife is married to the husband, it is not permissible for her to ask for
payment in return for breastfeeding their children, because this is a duty
on her and in that case she is not entitled to anything more than
maintenance, because Allah says (interpretation of the meaning): “The
mothers shall give suck to their children for two whole years, (that is) for
those (parents) who desire to complete the term of suckling, but the father
of the child shall bear the cost of the mother’s food and clothing on a
reasonable basis” [al-Baqarah 2:233].

But if she is divorced and is no longer married to her
husband, then she may ask for payments in return for breastfeeding her
children from him, because Allah says (interpretation of the meaning):
“Then if they give suck to the children for you, give them their due
payment” [al-Talaaq 65:6]. This verse refers to one who is divorced,
whereas the first verse refers to one who is still married.

This is the view of Imam Abu Haneefah (may Allah have mercy
on him) and is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah
have mercy on him). Among contemporary scholars it is regarded as more
correct by Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him).

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him)
said:

Breastfeeding a child is obligatory for the mother, on
condition that she be with her husband. This is the view of Ibn Abi Layla
and others among the earlier generation, and she is not entitled to any
payment in addition to her maintenance and clothing. This is the preferred
of view of al-Qaadi and is the opinion of the Hanafis, because Allah says
(interpretation of the meaning): “The mothers shall give suck to their
children for two whole years, (that is) for those (parents) who desire to
complete the term of suckling, but the father of the child shall bear the
cost of the mother’s food and clothing on a reasonable basis” [al-Baqarah
2:233]. In this verse we see that what enjoined for them is clothing and
maintenance on a reasonable basis. This is what she is entitled to as a
wife, and it may be that to this may be added what is needed by a
breastfeeding woman as Allah says concerning one who is pregnant
(interpretation of the meaning): “And if they are pregnant, then spend on
them till they lay down their burden” [al-Talaaq 65:6]. So the spending
on the child is included in the spending on his mother, because he is
nourished by what she eats. The same is true in the case of breastfeeding.
In this case maintenance is obligatory for two reasons, so that if the duty
is waived for one reason, it is confirmed for the other. So if a wife is
wilfully defiant but is breastfeeding her child, she is entitled to
maintenance because of breastfeeding, not because of being a wife. As for
the one who is irrevocably divorced from the husband but is breastfeeding a
child of his, she is undoubtedly entitled to payment, as Allah says
(interpretation of the meaning): “Then if they give suck to the children
for you, give them their due payment” [al-Talaaq 65:6]. End quote.

Al-Ikhtiyaaraat, p. 412, 413.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

The apparent meaning of the author’s words is that the
payment should be given to her whether the mother is with him or is
irrevocably divorced from him. If the mother asks her husband to pay her for
breastfeeding the child, if she is married to him, then he must give her the
payment. We understand this from the words of the author, “and the father
must arrange for his child to be breastfed.” And he did not limit it to
cases where the mother is irrevocably divorced. The evidence for that is the
general meaning of the words of Allah (interpretation of the meaning):
“Then if they give suck to the children for you, give them their due
payment” [al-Talaaq 65:6]. This view of the author is well known view in
the madhhab [i.e., the madhhab of Imam Ahmad], and the payment is her
right.

Shaykh al-Islam favoured the view that if the woman is still
married to the husband, she is not entitled to anything except maintenance
only, and she does not have the right to ask for payment. What the Shaykh
said is more correct, because Allah says (interpretation of the meaning):
“Then if they give suck to the children for you, give them their due
payment” [al-Talaaq 65:6], but this applies to divorced women, and a
divorced woman is not with the husband. As for the woman who is with her
husband, Allah says (interpretation of the meaning): “The mothers shall
give suck to their children for two whole years, (that is) for those
(parents) who desire to complete the term of suckling, but the father of the
child shall bear the cost of the mother’s food and clothing on a reasonable
basis” [al-Baqarah 2:233]. If you say: If she is a wife, then the
husband is obliged to provide maintenance and clothing as a duty towards his
wife, whether she breastfeeds or not, we say: There is no reason why there
should not be two reasons for spending, then if one of them ceases to apply
the other will remain. If the wife in this case is wilfully defiant, she is
not entitled to maintenance on the basis of being a wife, but on the basis
of breastfeeding she is entitled to maintenance. It is well known that if
you study the situation of people at the time of the Messenger (blessings
and peace of Allah be upon him) and until the present day, you will not find
any woman who asked her husband for payment for breastfeeding a child. And
this is the correct opinion. End quote.

Al-Sharh al-Mumti’, 13/515, 516

And Allah knows best.