JIHAD SECTION · 133 – SEPARATING PRISONERS FROM EACH OTHER
Ali (may Allah be pleased with him) narrated:
The Messenger of Allah (ﷺ) forbade separating a slave woman from her child and rejected the transaction that had been carried out.
Abu Dawud said: Maymun did not reach Ali. Maymun was killed in Jamajim. The battle of Jamajim occurred in eighty-three years.
Abu Dawud said: The battle of Hirra took place in sixty-three (Hijri) years. Abdullah bin Zubayr died in seventy-third year after the Hijrah.
EXPLANATION
The opinion of scholars regarding separating a captive woman from her child is as follows:
Imam al-A’zam [Abu Hanifa]: The child cannot be separated from his mother until he reaches puberty.
Shafi'i: The child cannot be separated from his mother unless he reaches the age of seven or eight.
Malik: The child cannot be separated from his mother until his teeth emerge, or until he no longer needs her.
Ahmed bin Hanbal: He cannot be separated from his mother, however much he grows.
Awza'i: They cannot be separated until he no longer needs her.
Jamajim: A place near Kufa.