Donating or Receiving Breastmilk from Milk Banks

Nasihah (Advice): The Reward of Charity

Sayyiduna Uqbah ibn Aamir Radhiyallahu Anhu narrated that Rasulullah Sallallahu Alayhi wa Sallam said, “On the Day of Qiyamah, people will be in the shade of the charity [they gave], until it is time for accountability.” (Musnad Ahmad)

N.B. Abul Khayr, one of the narrators of this Hadith, would ensure that he gave charity every day, even if it be a small food item.

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Question and Answer:

1. I would like to know what the ruling of donating or receiving breastmilk to/from a milk bank in Islam is. Generally, we wouldn’t know which specific child may have consumed the milk of a specific woman. Kindly advise.

1. According to Islamic law (Shari’ah), breastfeeding establishes foster relationships that restrict marriage among individuals who would otherwise be permitted to marry based on their biological ties. For instance:

1. A foster parent is prohibited from marrying their foster child.
2. A foster parent is prohibited from marrying the ascendants or descendants of the foster child.
3. Individuals who have been breastfed by the same woman are prohibited from marrying each other.

It is essential for both the foster parent and the foster child to be aware of each other’s identities to ensure compliance with these Shari’ah restrictions.

To understand the potential Shar’ee implications of donating to or receiving milk from a milk bank, it is crucial to consider the procedures employed by these banks in processing and storing milk. Generally, milk banks use one of two methods for storing donated milk:

1. Pooling Method: This method involves combining the milk of several donors into a single storage vessel. According to Imam Muhammad Rahimahullah, if a child is fed with mixed milk from multiple women, foster relationships are established with each donating woman as described above. This poses a challenge from a Shar’ee perspective, as the identity of the individual donors remains unknown to the recipient, preventing awareness of their foster mothers.

2. Individual Pooling Method: In this approach, the milk from each donor is stored separately, ensuring that the milk of different women does not mix. This method facilitates the identification of the foster mother.

However, both methods raise concerns under Shari’ah because most milk banks do not inform donors about the identity of the milk recipients.

For these reasons, it is not permissible to donate or receive milk from a milk bank unless the identities of both the donor and recipient are known. [Shaami 3/212 and 3/218]

In the case of a dire need, such as a child being in need of milk donations for medical reasons, it will be advisable to request the milk banks (i.e. the banks that employ the second method), to provide the identities of the donors as they do keep such records.

And Allah Ta’ala Knows Best

Mufti Muhammed Hamza Farooqui

Mufti Taahir Hansa

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

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