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English translation
2278. It was reported from Nāfi' bin 'Ujairah, from his father, from 'Ali, may Allāh be pleased with him, who said: "Zaid bin Hārītah left for Makkah, and brought back Hamzah's daughter. Ja'far said: 'I will take her, for I have more right to her. She is the daughter of my uncle, and I am married to her maternal aunt, and a maternal aunt is (like) a mother.'" But 'Ali said: "I have more right to her. She is the daughter of my uncle, and I am married to the daughter of the Messenger of Allāh ﷺ, and she has more right to her." Zaid said: "I have more right to her. I was the
one who left to (get) her, and traveled for her, and brought her back.” The Prophet ﷺ came out” — and he mentioned the narration — he said: “And as for the little girl, I rule that she should go to Ja’far so that she will be with her maternal aunt. And verily, the maternal aunt is a mother.”
(Hasan)
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Commentary
In the matter of bringing up and taking care of children, priority is given to the mother, as mentioned in the foregoing Hadith, followed by the maternal aunt, followed by paternal relatives. According to Ibn Taimiyyah and Ibn Al-Qayyim, while keeping in view this order of priority, it is also very important to take into account the interest of the child, his present and his future.
