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Musannaf 'Abd al-Razzaq 12678

✧ Which of the two parents has more right to the child

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عَبْدُ الرَّزَّاقِ عَنْ مَعْمَرٍ، عَنْ أَيُّوبَ، عَنِ ابْنِ سِيرِينَ، عَنْ شُرَيْحٍ:

أَنَّهُ قَضَى أَنَّ الصَّبِيَّ مَعَ أُمِّهِ إِذَا كَانَتِ الدَّارُ وَاحِدَةً، وَيَكُونُ مَعَهُمْ فِي النَّفَقَةِ مَا يُصْلِحُهُمْ قَالَ: فَنَظَرُوا فَإِذَا غُنَيْمَاتٌ وَأَبْعِرَةٌ فَقَالَ: " مَا فِي هَذِهِ فَضْلٌ عَنْ هَؤُلَاءِ

Translation

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That he ruled that the child is with his mother when they live in one house, and that maintenance is provided for them to the extent that suffices them. He said: They looked, and there were small goats and camels. He said: "Is there any surplus in these beyond their needs?"

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