Benefits of the Hadith: (Whoever separates a mother from her child . .
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The Shaykh : It is derived from both hadiths:
The mercy of Allah (Mighty and Majestic) toward His servants, in that He forbade separating those related by blood, because there is no doubt that this separation inflicts hardship and difficulty upon those related by blood, especially between a mother and her child, which is sometimes unbearable. So, out of His mercy, Allah forbade separating them.
It is also derived from the hadith of 'Ali: the obligation to return a sale if it is invalid, based on his statement:, and likewise, every invalid contract must be returned, and every invalid annulment must be returned.
Contracts are numerous, and annulments are like: divorce during menstruation. Since divorce releases the bond of marriage, if it occurs during menstruation, it must be returned, invalidated, and not counted. If the woman remains and is not returned, she remains in the protection of the husband who divorced her, because divorce during menstruation, according to the stronger opinion, does not take effect, as it is contrary to the command of Allah and His Messenger.
Now, if someone asks: Until when does this ruling apply? Do we say that this ruling extends until one of them gains control over himself, meaning until the boy or boys grow up, or is it without limit?
There is a disagreement among the scholars on this: some took the apparent meaning of the two hadiths, which is that there is no difference between the young and the old.
And some said: It distinguishes between the young and the old, and the limit of that is when the young one becomes independent from the older one such that he no longer needs him. Indeed, the two slave boys in the hadith of 'Ali ibn Abi Talib are young without a doubt, because an older person is not called a "boy" except in a figurative sense, such as a slave being called a "boy" or a "female slave," or a "male slave" and a "female slave." The closer view is to restrict it, because when they become independent from each other and one no longer needs the other, the tenderness and mercy that usually exists between them disappears. For this reason, you do not find the tenderness, affection, and compassion in a mother's heart for her child in his youth to be equal to that when he grows up.
So we say: As long as this boy needs his mother, or his brother, or his uncle, or the like, and the tenderness, compassion, and affection remain, it is not permissible to separate them. But after reaching maturity and each one becoming independent, it is not forbidden to separate them. Yes.
Now, is this separation specific to sale, or does it apply to manumission as well?
The student: Manumission.
The Shaykh : Yes?! The answer: It is specific to sale. As for manumission, it is permissible to free the mother and leave the child, or to free the child and leave the mother, because there is no harm in this. Since a free person owns himself, if he is freed, he can return to his mother and stay with her, because he is not the property of anyone. Does the hadith include separating a mother from her child among livestock?
Yes?
The student: Yes.
Another student: It is not permissible.
The Shaykh : Some scholars said so based on the generality of the text, and that it is not permissible to sell a suckling animal without its mother, nor the mother of a suckling animal without the suckling animal. But this requires consideration.
So we say: Do not slaughter the mother without the suckling animal, nor the suckling animal without the mother. And this is undoubtedly contrary to what is known by necessity from the religion of Islam.
The correct view is: This is specific to the children of Adam only. As for livestock, there is no harm, but it is prohibited to slaughter it, for example, in front of its mother.
The mercy of Allah (Mighty and Majestic) toward His servants, in that He forbade separating those related by blood, because there is no doubt that this separation inflicts hardship and difficulty upon those related by blood, especially between a mother and her child, which is sometimes unbearable. So, out of His mercy, Allah forbade separating them.
It is also derived from the hadith of 'Ali: the obligation to return a sale if it is invalid, based on his statement:
He found them and took them back
أدركهما فارتجعهماContracts are numerous, and annulments are like: divorce during menstruation. Since divorce releases the bond of marriage, if it occurs during menstruation, it must be returned, invalidated, and not counted. If the woman remains and is not returned, she remains in the protection of the husband who divorced her, because divorce during menstruation, according to the stronger opinion, does not take effect, as it is contrary to the command of Allah and His Messenger.
Now, if someone asks: Until when does this ruling apply? Do we say that this ruling extends until one of them gains control over himself, meaning until the boy or boys grow up, or is it without limit?
There is a disagreement among the scholars on this: some took the apparent meaning of the two hadiths, which is that there is no difference between the young and the old.
And some said: It distinguishes between the young and the old, and the limit of that is when the young one becomes independent from the older one such that he no longer needs him. Indeed, the two slave boys in the hadith of 'Ali ibn Abi Talib are young without a doubt, because an older person is not called a "boy" except in a figurative sense, such as a slave being called a "boy" or a "female slave," or a "male slave" and a "female slave." The closer view is to restrict it, because when they become independent from each other and one no longer needs the other, the tenderness and mercy that usually exists between them disappears. For this reason, you do not find the tenderness, affection, and compassion in a mother's heart for her child in his youth to be equal to that when he grows up.
So we say: As long as this boy needs his mother, or his brother, or his uncle, or the like, and the tenderness, compassion, and affection remain, it is not permissible to separate them. But after reaching maturity and each one becoming independent, it is not forbidden to separate them. Yes.
Now, is this separation specific to sale, or does it apply to manumission as well?
The student: Manumission.
The Shaykh : Yes?! The answer: It is specific to sale. As for manumission, it is permissible to free the mother and leave the child, or to free the child and leave the mother, because there is no harm in this. Since a free person owns himself, if he is freed, he can return to his mother and stay with her, because he is not the property of anyone. Does the hadith include separating a mother from her child among livestock?
Yes?
The student: Yes.
Another student: It is not permissible.
The Shaykh : Some scholars said so based on the generality of the text, and that it is not permissible to sell a suckling animal without its mother, nor the mother of a suckling animal without the suckling animal. But this requires consideration.
So we say: Do not slaughter the mother without the suckling animal, nor the suckling animal without the mother. And this is undoubtedly contrary to what is known by necessity from the religion of Islam.
The correct view is: This is specific to the children of Adam only. As for livestock, there is no harm, but it is prohibited to slaughter it, for example, in front of its mother.