the girl" (8). And because whatever is before puberty is under guardianship, so it resembles the child.
Section: If they are separated by sale, the sale is invalid. This is also the opinion of al-Shafi'i. Abu Hanifah said: The sale is valid, because the prohibition is for a reason other than the item contracted upon, so it resembles a sale at the time of the call to prayer. Our evidence is what Abu Dawud narrated in his Sunan, with his chain of transmission from Ali, may Allah be pleased with him, that he separated a mother from her child, and the Messenger of Allah (peace and blessings of Allah be upon him) forbade him from doing so and annulled the sale. The premise is forbidden, and what they mentioned is not valid, for he prohibited it due to the harm that affects the sold item, so it is for a reason inherent to it.
1656 - Issue: He said: "The grandfather in this is like the father, and the grandmother in it is like the mother."
The totality of this is that the grandfather and grandmother, in the prohibition of separating them from their grandchild, are like the parents, because the grandfather is a father and the grandmother is a mother. For this reason, they stand in the place of the parents regarding the entitlement to custody, inheritance, and maintenance, so they stand in their place regarding the prohibition of separation. The grandfather and grandmother from both the paternal and maternal sides are equal in this, because everyone has lineage and a mahram relationship, so they are equal in this, just as they are equal in prohibiting the testimony of some of them for others.
1657 - Issue: He said: "And two brothers shall not be separated, nor two sisters."
The totality of this is that it is prohibited to separate between siblings in division, sale, and the like. This is the opinion of the proponents of opinion (Ashab al-Ra'y). Malik, al-Layth, al-Shafi'i, and Ibn al-Mundhir said: It is permissible, because it is a kinship that does not prevent the acceptance of testimony, so separating them is not prohibited, like the kinship of a cousin. Our evidence is what is narrated from Ali,
(8) Extracted by al-Bayhaqi in: The chapter on the time in which it is permissible to separate, from the Book of Military Expeditions (Kitab al-Siyar). Al-Sunan al-Kubra 9/128. (9) In B: "The sale is valid". (10) Omitted from the original; extracted by Abu Dawud in: The chapter on separating captives, from the Book of Jihad. Sunan Abi Dawud 2/58. (11) In M: "fa-nah" (he forbade him). (1) Omitted from A and B. (1) In the original: "al-ghanimah" (the spoils). (2) Omitted from M.
