Chapter 15-Child Care and Custody

1192. "Abdullah bin 'Umar narrated, 'A woman said, '0 Messenger of Allah! This is my son; for him my womb was a vessel, my breast was like a water skin, and my lap was his bedding, yet his father divorced me and wants to take him away from me.' The Messenger of Allah said to her, "You have more right to keep him unless you get married." Related by Ahmad and Abu Dawild. Al-Hakim graded it as Sahih.






1193. Abu Hurairah narrated that a woman said: '0 Messenger of Allah! My husband wants to take away my son, and he is helping me and draws water for me from the well of Abu'Inabah (i.e. her son). Her husband came and the Messenger of Allah said, "0 boy! This is your father and this is your mother, take the hand of whoever you wish of them." (333) The boy then took his mother's hand and she went away with him.'
Related by Ahmad and the four Imams. At-Tirmidhi graded it as Sahih.

333· This is a proof that when the child starts to be independent he is given the choice between staying with the mother or the father.








1194. Rafi ' bin Sinan narrated that he embraced Islam but his wife refused to do so. The Messenger of Allah made the mother sit on one side and the father sit on the other side and seated the boy between them. The boy then inclined to his mother. The Messenger of Allah said, "0 Allah! Guide him! The boy then inclined to his father's side. and he took him and went away.' Related by Abu Dawud and An-Nasa'i. AI·Hakim graded it as Sahih.






1195. Al·Bara 'Ibn 'Azib narrated that the Messenger of Allah ordained that the daughter of Hamzah sbould stay with her maternal aunt, and said, "The maternal aunt has the same status as the mother." Related by Al-Bukhari.







1196. Ahmad transmitted the same hadith on the authority of 'Ali and said, 'The little girl must be given to the care of her aunt for the maternal aunt is like a mother.'







1197. Abu Hurairah narrated that the Messenger of Allah said, "When the servant of one of you brings him his food, if he does not let him sit with him (to eat) he should give him one or two mouthfuls. Agreed upon and the wording is from Al-Bukkhari.








1198. Ibn 'Umar narrated that the Messenger of Allah said, 'A woman was punished on account of a cat. She kept it locked in until it died. So, she was put in the Hell Fire because of what she did. She neither fed it or gave it water; as she locked her in, nor left her to eat from the creatures of the earth." Agreed upon.