What is the authenticity of the hadith: “A woman, you have the right to your child as long as she does not remarry,” and what is its jurisprudential understanding?
Machine translationRead the Arabic original
The questioner : Well, Shaykh, regarding the woman, some people are circulating a hadith from the Prophet (peace and blessings be upon him) that he used to say to a woman: .
The Shaykh: Yes.
The questioner : The hadith?
The Shaykh: Correct.
The questioner : Does this mean that the father is permitted to take his son from her, meaning, if he divorces the woman, that he can take her son from her if she marries another husband?
The Shaykh : If she has not remarried, not if she has remarried.
The questioner : If she has not remarried, does he also have the right to take him?
The Shaykh : Yes, what is the Messenger saying?Sunan Abi Dawud 2276Hasan (Al-Albani) It is not like that?
The questioner: Yes.
The Shaykh : Well, the hadith is clear, so what is your question regarding the man?
The questioner : Because the people in our Shari'ah courts determine a specific age for the child.
The Shaykh : These are jurisprudential opinions, my brother; it is not permissible to prioritize them over the explicit Shari'ah text.
The questioner : Even if her son is an infant, for example, is he permitted to take him?
The Shaykh : No, no, this is at the age of discernment.
The questioner : May Allah reward you with every good.
The Shaykh : May Allah preserve you.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : Our Shaykh, the book of virtues of some surahs of the Qur'an by al-Tirmidhi?
The Shaykh : How?
The questioner : For example, some people say: By way of experience, we have found that there are functions for some surahs of the Qur'an, for example, Surah al-Mulk, in which they distinguished...
The Shaykh : So, excuse me, it is not virtues, it is benefits.
The questioner : Benefits?
The Shaykh : Yes. Yes?
The questioner : Peace be upon you, and Allah’s mercy and blessings.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings and His forgiveness..
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : This is Bakr, right, Shaykh?
The Shaykh: Yes.
The questioner : He loves you very much.
The Shaykh : What Allah willed!
The questioner: Allah is the Greatest!
The Shaykh : A good young man, what Allah willed, this is from the rarest of the young people who have come to this country recently, and they are studying at the university, this one is built upon the Salafi methodology, meaning, strongly. Well.
You have the right to your child as long as she does not remarry
أنتِ أحقُّ بولدك ما لم تنكحيThe Shaykh: Yes.
The questioner : The hadith?
The Shaykh: Correct.
The questioner : Does this mean that the father is permitted to take his son from her, meaning, if he divorces the woman, that he can take her son from her if she marries another husband?
The Shaykh : If she has not remarried, not if she has remarried.
The questioner : If she has not remarried, does he also have the right to take him?
The Shaykh : Yes, what is the Messenger saying?
You have more right to him as long as you do not marry.
أنت أحقُّ به ما لم تنكحيThe questioner: Yes.
The Shaykh : Well, the hadith is clear, so what is your question regarding the man?
The questioner : Because the people in our Shari'ah courts determine a specific age for the child.
The Shaykh : These are jurisprudential opinions, my brother; it is not permissible to prioritize them over the explicit Shari'ah text.
The questioner : Even if her son is an infant, for example, is he permitted to take him?
The Shaykh : No, no, this is at the age of discernment.
The questioner : May Allah reward you with every good.
The Shaykh : May Allah preserve you.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : Our Shaykh, the book of virtues of some surahs of the Qur'an by al-Tirmidhi?
The Shaykh : How?
The questioner : For example, some people say: By way of experience, we have found that there are functions for some surahs of the Qur'an, for example, Surah al-Mulk, in which they distinguished...
The Shaykh : So, excuse me, it is not virtues, it is benefits.
The questioner : Benefits?
The Shaykh : Yes. Yes?
The questioner : Peace be upon you, and Allah’s mercy and blessings.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings and His forgiveness.
Words in the language of Al-Albani
كلام باللسان الألبانيThe questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : This is Bakr, right, Shaykh?
The Shaykh: Yes.
The questioner : He loves you very much.
The Shaykh : What Allah willed!
The questioner: Allah is the Greatest!
The Shaykh : A good young man, what Allah willed, this is from the rarest of the young people who have come to this country recently, and they are studying at the university, this one is built upon the Salafi methodology, meaning, strongly. Well.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.