thereby, and then regrets it. It is also not permissible to separate a father from his child. This is the opinion of the proponents of opinion (Ashab al-Ra'y) and the school of al-Shafi'i. Some of his followers said it is permissible, which is also the opinion of Malik and al-Layth, because he is not one of those who hold custody by their own right, and because there is no explicit text regarding him, nor is he in the same category as that which is explicitly stated, for the mother is more compassionate than he is. Our evidence is that he is one of the two parents, so he resembles the mother, and we do not concede that he is not one of those entitled to custody. The apparent meaning of the words of al-Khiraqi is that there is no difference between whether the child is an adult or a child. This is one of the two narrations from Ahmad, due to the generality of the report, and because the mother is harmed by the separation from her adult child; this is why Jihad is prohibited for him without their permission. The second narration restricts the prohibition of separation to the minor. This is the opinion of most scholars, including Sa'id ibn Abd al-Aziz, Malik, al-Awza'i, al-Layth, and Abu Thawr. This is also the opinion of al-Shafi'i, because Salamah ibn al-Akwa' brought a woman and her daughter, and Abu Bakr gave him the daughter as spoils (nafal), then the Prophet (peace and blessings of Allah be upon him) asked him for her, and he gifted her to him, and he did not object to separating them. And because the Prophet (peace and blessings of Allah be upon him) was gifted Mariyah and her sister Sirin, so he kept Mariyah and gifted Sirin to Hassan ibn Thabit. And because free people are separated after reaching adulthood, for a woman marries off her daughter, so slaves are more entitled to this. By what we have mentioned, the generality of the prohibition hadith is qualified. They differed regarding the limit of adulthood that permits separation. It is narrated from Ahmad that it is permissible to separate them when the child reaches puberty, which is the opinion of Sa'id ibn Abd al-Aziz, the proponents of opinion, and a view of al-Shafi'i. Malik said: when he sheds his milk teeth. Al-Awza'i and al-Layth said: when he becomes independent of his mother and can provide for himself. Al-Shafi'i said in one of his two opinions: when he becomes seven or eight years old. Abu Thawr said: when he can dress himself and perform ablution (wudu) by himself, because if he is like that, he is independent of his mother; the boy is similarly given the choice between his mother and his father when he becomes like that. And because it became permissible to separate them by giving him the choice, it is permissible to sell and divide them. Our evidence is what is narrated from Ubadah ibn al-Samit, that the Prophet (peace and blessings of Allah be upon him) said: "A mother shall not be separated from her child." It was asked: "Until when?" He replied: "Until the boy reaches puberty and the girl begins to menstruate."