Drinking one's wife's milk, during foreplay or intercourse

Question: A husband is allowed to take pleasure form any part of his wife body including her breasts. I am aware if he sucks his wife breasts there is no harm in that, but he is not allowed to take any milk in his mouth. I understand that if he does by accident, nikah is still valid according to the Hanafi School, (as some scholars believe nikah is terminated), but some deobandi say it is haram to take milk in. Someone said that even if one takes milk in accidentally, how could it be haram, for milk is pure and not najis like sperm. Could you explain if on takes his wife milk accidentally, if it is makruh tanzihi or makruh tahrimi or haram?

Answer:

The husband is not permitted to drink his wife’s milk because, in the words of imam al-Haskafi in al-Durr al-Mukhtar, quoting Sharh al-Wahbaniyya,

‘It is a part of a human being and to make use of it without a real need to do so is Haram’. [Radd al-Muhtar, 3:212, Dar al-Kutub al-‘Ilmiyya].

This a general rule in the sacred law: No part of a human being may be sold or used for nourishment or other ‘deriving of benefit’ (intifa’), beyond that which the Saced Law has permitted. The baby’s drinking the mother’s milk is an exception, based on textual permission, due to the ‘real need’ (durura) to do so.

And Allah knows best.

Answered by Sidi Faraz Rabbani of the Hanafi fiqh list.

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