or a craft; for the purpose is the boy’s well-being, and his well-being lies in what we have mentioned. If he is with the father, he stays with him night and day, and he shall not be prevented from visiting his mother, because preventing him from that is an incitement to disobedience and cutting off family ties. If he becomes ill, the mother is more entitled to nurse him in her own home, because through illness, he becomes like a small child in his need for someone to attend to his affairs, and thus the mother is more entitled to him, like a small child. If one of the parents becomes ill while the child is with the other, the child shall not be prevented from visiting them or being present at their death, whether the child is male or female, because illness prevents the sick person from walking to their child, so the walking of the child to them is more appropriate. As for in a state of health, the boy visits his mother because she is an 'awrah (something that must be covered/protected), so shielding her is better, and the mother visits her daughter because both of them are 'awrah, in need of protection and shielding, and shielding the girl is more important, because the mother has already been trained and has matured, unlike the girl.

Section: If one of the parents wishes to travel for a need and then return, while the other is a resident, the resident is more entitled to custody, because traveling with the child causes harm to him. If one is moving to a city to reside there, and the road is dangerous or the city to which they are moving is dangerous, the resident is more entitled to the child, because traveling with him poses a risk to him. If the child chooses to travel in this situation, he shall not be granted his wish, because it involves exposing him to danger. If the city to which they are moving is safe and the path to it is safe, the father is more entitled to the child, whether he is the resident or the one moving, unless the distance between the two cities is short, such that the father can see them every day and they can see him, in which case the mother remains in her custody. Al-Qadi said: If the travel is less than the distance for shortening prayers (qasr), it is in the same status as residency. This is also the view of some of the Shafi'i scholars, because it is considered the same as residency in other legal rulings, so it is the same here, because the father’s supervision of him is possible. The text reported from Ahmad is what we have mentioned, and it is more appropriate, because the distance that prevents him from seeing him also prevents him from disciplining him, teaching him, and observing his condition, so it is analogous to the distance for shortening prayers. Regarding what we have mentioned of giving priority to the father when the residences are separated, this is the view of Shurayh, Malik, and al-Shafi'i. The scholars of opinion (Hanafis) said: If the father moves, the mother is more entitled to him; if the mother moves to the city where the origin of the marriage contract was, she is more entitled; and if she moves to another, the father is more entitled. It is narrated from Abu Hanifah: If she moves from a city to a village, the father is more entitled, and if she moves to another city, she is more entitled, because in a city, it is possible to teach and train him. Our view is that the residence of the parents has differed, so the father is more entitled, just as if she had moved from a city to a village, or to a city where the origin of the marriage was not located. What they mentioned is not valid, because by custom, it is the father who undertakes the discipline, training, and preservation of the lineage of his son, and if he is not in his city, he will be lost, so it is analogous to him being in a village. If they both move to the same city, the mother remains in her custody. Likewise, if the father takes him due to the separation of cities, and then they reunite, custody returns to the mother. Those other than the mother who are entitled to custody among the women take her place, and those other than the father among the child's agnates (asaba) take his place, in the event of their absence or their being among those not qualified for custody.

1402 - Issue: He said: "If there is no mother, or the mother gets married, then the mother of the father is more entitled than the maternal aunt."

In this issue, there are two sections:

The first: That if the mother gets married, her custody falls away. Ibn al-Mundhir said: All the scholars I have memorized this from have reached a consensus on this. Shurayh ruled by it, and it is the view of Malik, al-Shafi'i, and the scholars of opinion. It is narrated from al-Hasan that it does not fall away due to marriage. Muhanna reported from Ahmad: If the mother gets married and her son is young, he is taken from her. It was said to him: Is the girl like the boy? He said: