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English translation
2277. It was reported from Abū Maimūnah Salmā, the freed-slave of some people of Al-Madinah, a truthful man, that he said: "Once, while I was sitting with Abū Hurairah, a Persian lady came to him with a son of hers. Her husband had divorced her, and both of them were claiming him. She said, speaking to him in Farsi, 'My husband wishes to take my son.' Abū Hurairah replied: 'Draw lots over him,' and he spoke to her (in her language). Her husband then came and said: 'Who is trying to snatch my child away from me?' Abū Hurairah said: 'O Allāh! I am
only saying this because I heard a woman who had come to the Messenger of Allāh ﷺ while I was sitting with him who said: "O Messenger of Allāh, my husband wishes to take my son away from me, even though he gives me water from the well of Abū 'Inabah, and is of benefit to me." So the Messenger of Allāh ﷺ replied: "Draw lots over him." But her husband said: "Who is trying to snatch my child away from me?" The Prophet ﷺ then said: "This is your father, and this is your mother. Take the hand of whichever you please." And he took the hand of his mother, so she took him away." (Sahih)
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Commentary
Children may be given the right of choice in the afore-mentioned conditions if they have grown up to an age of sound judgment.
