to the maternal aunts of the mother; for they are related through the father of the mother, and he has no custody. If two or more persons among the people of custody meet at the same degree, the one entitled among them is prioritized by drawing lots.

Section: If the mother abandons custody while she is entitled to it, there are two views. One is that it transfers to the father; because her mothers are an extension of her in entitlement, so if she drops her right, her extensions drop. The second is that it transfers to her mothers, and this is the most correct; because the father is more distant, so the custody does not transfer to him while there exists someone closer than him, just as it does not transfer to the sister. The fact that they are extensions of her does not necessitate the loss of their rights due to the loss of her right, just as if her right was lost because she is not among the people of custody, or due to her marriage. The rule is the same regarding the father if he drops his right; does the right of his mothers drop? There are two views. If there is a sister through both parents and a sister through the father, and the sister through both parents drops her right, the right of the sister through the father does not drop, because her entitlement is not through her [the first sister's] side and she is not an extension of her.

1405 - Issue; he said: (And if the child is taken from the mother when she marries, then she is divorced, she returns to her right to his custody.)

Al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y) held this view, except that Abu Hanifah and al-Muzani said: If the divorce is revocable, her right does not return; because the marital tie exists, so it is similar to the case where she is still within the marriage bond. Our view is that she is a divorced woman, so her right of custody returns, just like the irrevocably divorced woman. Regarding their saying: She is a wife; we say: Except that he has removed her from his bed, no division of time remains for her upon him, nor does she have any preoccupation with him, and the cause for the termination of her marriage has been contracted, so she resembles the irrevocably divorced woman during her waiting period ('iddah). It is derived in our school that there is a view similar to theirs, due to the fact that marriage prior to consummation removes the right of custody, along with the lack of [obligation of] division of time and preoccupation with the husband.