Abu Dawud

Benefits and Issues:
When a boy or girl becomes sufficiently intelligent, then in the aforementioned circumstances, they may be given the right of choice.

(1) If both husband and wife are Muslims but separation occurs between them, then in this case, if the child is young, he will remain with his mother, as narrated from Abdullah bin Amr radi Allahu anhu that a woman said: O Messenger of Allah! My womb was a vessel for this son of mine, my breast was his waterskin, and my lap was his shelter. His father has divorced me and now wants to snatch him away from me. The Messenger of Allah sallallahu alayhi wa sallam said: "You have more right to him as long as you do not marry again." (Sunan Abu Dawud, Kitab al-Talaq, Hadith: 2276) And if the child has reached the age of discernment (sin tamyiz), then he will be given the choice; he will stay with whomever he chooses, as is mentioned in this hadith. This is the best way to reconcile the ahadith. All the ahadith are thus acted upon.

(2) Bi’r Abi Anbah is a well located quite far from Madinah Munawwarah, approximately 12 miles away.

Takhrij:
«أخرجه أبوداود، الطلاق، باب من أحق بالولد، حديث:2277، والترمذي، الأحكام، حديث:1357، والنسائي، الطلاق، حديث:3526، وابن ماجه، الأحكام، حديث:2351، وأحمد:2 /246.»©Explanation:
In this hadith, the child is given the choice to stay with whomever he prefers, while in the previous hadith, the mother was given greater right.
Regarding this, Imam Ibn Qayyim rahimahullah has said that whichever matter contains the child's best interest and welfare should be chosen.
If the mother, compared to the father, is more capable of proper upbringing, nurturing, and protection, and is a woman of great modesty, then the mother should be given precedence over the father.
In such a situation, neither drawing lots nor giving the child a choice should be considered, because the child is ignorant, lacking in intellect, and does not foresee consequences.
Whichever of the parents is more attentive to the child's care, the child should be entrusted to that parent.
If the father possesses these qualities more than the mother, then the child should be placed in the father's custody.
He will then be responsible for the child's upbringing and nurturing.
Imam Malik rahimahullah says that whether it is a boy or a girl, both will remain with the mother.
And the Hanafi scholars have said that the girl will stay with the mother and the boy with the father.
The most just opinion appears to be that of Imam Ibn Qayyim rahimahullah.

Benefit:
From this it is established that Sayyiduna Abu Hurairah radi Allahu anhu was a great jurist (faqih), mujtahid, mufti, and judge (qadi), as people would turn to him for the resolution of their issues. It is also evident that Sayyiduna Abu Hurairah radi Allahu anhu had immense love for the Sunnah, and would make his judgments in accordance with the Qur’an and Hadith.

The legal ruling mentioned in this hadith is precisely this: when a husband and wife have a dispute regarding a daughter or son, and both demand to keep the child with themselves, then the child should be given the choice to go to whomever he or she wishes. The child will have complete freedom in this choice, and this choice will be considered final, and the judge (qadi) will make a decision accordingly.