Section: If a Muslim hires himself out to a dhimmi for work to be performed as a liability upon him, it is valid; for Ali, may Allah be pleased with him, hired himself out to a Jew to draw water for him (33), [receiving] one date per bucket, and he brought that to the Prophet, peace and blessings of Allah be upon him, who ate from it (34). A man from the Ansar also did this and brought it to the Prophet, peace and blessings of Allah be upon him, and he did not disapprove of it (35). Furthermore, there is no humiliation for him in that. If he hires him for a period of time, such as a day or a month, there are two views regarding this. One is that it is not valid, because it involves having authority over him and constitutes humiliation, which resembles the case of purchase. The second is that it is valid; this is the more sound view, because it is work in exchange for compensation, which resembles work performed as a liability upon him, and it does not resemble ownership. For ownership entails authority, continuity, and the exercise of various types of disposal over his person, unlike hiring.

Section: It is not permissible to separate in a sale between any two people who share a prohibited degree of kinship (dhu rahim mahram). Abu Hanifa said the same. Malik said: Separation is only prohibited between a mother and her child, because the Prophet, peace and blessings of Allah be upon him, said: "Whoever separates a mother (36) and her child, Allah will separate him from his loved ones on the Day of Resurrection." It was narrated by al-Tirmidhi (37), who said: It is a hasan (good) hadith. He also said: "A mother shall not be distressed (38) [by being separated] from her child" (39). Thus, he restricted it to that, which indicates that it is permissible in other cases. Al-Shafi'i said: It is prohibited [to separate] between parents and children, even if they descend [further], but it is not prohibited between others; because the kinship between them does not preclude the application of qisas (retaliation), nor [does it affect] their testimony for one another, so it does not preclude separation in a sale, like [the case of] two cousins.