to the mother and child, yet some jurists confined the prohibition of separation to what the text itself mentions and did not extend it beyond that.
3 – Hadith 690 shows that any contract which includes such a separation is invalid. ʿAlī (rA) sold the two slave boys, but the Prophet ﷺ told him to return them and treated the sale as null.
4 – The scholars made two exceptions: manumission and the ransom of a prisoner. Sharḥ al-Iqnaʿ states, “Except for emancipation—it is permissible to free one without the other—or for ransoming a Muslim prisoner with a non-Muslim; separation is allowed in these cases out of necessity.”
5 – Rulings of this wise and compassionate nature demonstrate the mercy, kindness, and noble regard that Islam extends to every human being. Even when circumstances place a person under Muslim control, his hostility toward Islam and its followers does not permit Muslims to treat him harshly, torture him, or demean him as many nations do with their captives. Islam insists that they be treated with mercy, gentleness, and respect for human feelings. A fuller discussion will appear in the chapter on Manumission, God willing.
6 – The hadith further establishes that contracts concluded in violation of Sharīʿah requirements are void and carry no legal weight. The Prophet ﷺ did not deem the sale of the two boys binding; he regarded it as defective and therefore unenforceable.