a boy between his father and his mother. It was narrated by Sa'id. It was narrated from 'Amarah al-Jarmi that he said: 'Ali gave me the choice between my paternal uncle and my mother, and I was seven or eight years old. Similar accounts were reported from Abu Hurayrah. These are stories in a state of presumed publicity, and they were not denied, so they constitute a consensus. Furthermore, the precedence in custody is for the sake of the child, so the one who is more compassionate is given precedence because the child’s interest is greater with them. We have considered compassion by its presumed state when it is impossible to consider it by itself. Therefore, when the boy reaches a stage where he can express himself and distinguish between honor and its opposite, and he leans toward one of the parents, it indicates that the one he leans toward is more gentle and compassionate toward him, and is thus given priority. We have restricted this to the age of seven because it is the first state in which the Law (Shari'ah) commanded that he be addressed regarding the instruction for prayer, and because the mother is given priority during the state of infancy due to the child's need for her to carry him and attend directly to his service, as she is more knowledgeable of that and more capable of it. Thus, when he becomes independent of that, his parents become equal due to their proximity to him, so it is decided by his choice.

Section: Whenever he chooses one of them and is delivered to them, then chooses the other, he is returned to him; if he returns and chooses the first, he is returned to him. This continues forever: whenever he chooses one of them, he goes to them, because it is a choice of desire for his own interest, so he is followed in what he desires, just as he is followed in what he desires regarding food and drink. He might desire to stay with one of them at one time, and with the other at another time, and he might desire equality between them, so as not to be cut off from either. If we give him the choice and he does not choose either of them, or he chooses them both together, one of them is given priority by drawing lots; because there is no advantage for one over the other, and it is not possible for them to both hold custody of him.