Musannaf Ibn Abi Shaybah

Hazrat Muhammad bin Ka'b (may Allah have mercy on him) narrates that a woman from the villages was living in the house of her paternal cousin. (She had a daughter from this husband.) When her husband passed away, she married an Ansari man. After this marriage, the girl's paternal cousins came and said, "We will take our daughter with us." The woman said, "I implore you by Allah, do not come between me and my daughter. I carried her in my womb and I nursed her. No one has more right to this girl than I do." When the people rejected her claim, she said, "Let us go to the Messenger of Allah (peace and blessings be upon him) and have him decide." Then the woman said to her daughter, "When the Messenger of Allah (peace and blessings be upon him) gives you the choice, say, 'I have chosen Allah, faith, and the house of the Muhajireen and Ansar.'" When they appeared before the Messenger of Allah (peace and blessings be upon him), he said, "By the One in Whose hand is my soul, as long as I am alive, you cannot take her." (After the passing of the Prophet ﷺ) Then those people went to Hazrat Abu Bakr (may Allah be pleased with him), and he decided in favor of the girl's family. Upon this, Hazrat Bilal (may Allah be pleased with him) said, "O Caliph of the Messenger of Allah! In my presence, these people came to the Messenger of Allah (peace and blessings be upon him), and this woman was also sitting with the Messenger of Allah (peace and blessings be upon him). The Messenger of Allah (peace and blessings be upon him) had decided in favor of the woman regarding the girl." Upon this, Hazrat Abu Bakr (may Allah be pleased with him) said, "By the One in Whose hand is my soul, as long as I am alive, you cannot take this girl." Then he gave the girl to her mother.

A case was brought before Hazrat Sha’bi (may Allah have mercy on him) that a woman wanted to take her daughter out of Kufa. He said that if the mother wants to take the girl out of the city, then the girl’s agnates have more right to her.

Hazrat Ammarah bin Rabee’ah Jarmee (may Allah have mercy on him) says that my father was martyred in a naval expedition. My uncle came to take me. My mother brought this case before Hazrat Ali (may Allah be pleased with him). My younger brother was also with me. Hazrat Ali (may Allah be pleased with him) gave me the choice three times, so I chose my mother. My uncle refused to accept this decision, so Hazrat Ali (may Allah be pleased with him) punched him and struck him with his whip and said that this decision has been made, and when he reaches maturity, he will be given the choice.

Hazrat Mughira (may Allah have mercy on him) narrates that Hazrat Shurayh (may Allah have mercy on him) gave choice to an orphan boy and an orphan girl. The girl chose her guardians and the boy chose his paternal aunt, so Hazrat Shurayh approved it.

Hazrat Sha'bi (may Allah have mercy on him) says regarding breastfeeding a child that if his mother is in the same city, then she has more right, and if she wants to leave the city, then the guardians have more right to make arrangements.