– ḥijrī: pronounced with a short “a” on the ḥāʾ and a short “i” on the jīm. The word may denote a garment or—more commonly—the lap or bosom. When it functions as a verbal noun it comes only with fatḥah on the ḥāʾ. In this context it clearly means a person’s lap.
– ḥiwāʾ: with a kasrah on the ḥāʾ, following the pattern of kisāʾ. It is a noun of place, meaning the space that encloses, gathers, and protects something.
Lessons extracted from the ḥadīth
1 – The report shows that the mother has a stronger claim to the child’s custody than the father while the child is still in the stage that requires such care, so long as the mother has not remarried. This ruling is unanimously agreed upon by the scholars.
2 – It also shows that if the mother remarries and the second husband consummates the marriage, her right of custody lapses, because she will be pre-occupied with her marital life, whereas the child needs someone who can devote himself fully to him. This, too, is a point of consensus.
3 – In this nuanced ruling the wise Lawgiver has taken into consideration both the child’s right and the right of the new husband. Before marriage the mother is free to attend to the child and manage his affairs, so the child’s right remains intact. After marriage, however, she will inevitably neglect one of the two claims: either the husband’s claim—which is the weightier—or the child’s, should she give precedence to her husband. Yet the child still requires constant care.
4 – Preferring the mother over the father in matters of custody, so long as she is free for this duty, is supremely wise and beneficial. A mother’s familiarity with, experience of, and patience toward children are qualities unrivalled by any of the child’s other relatives, the father included.
5 – Part of Allah’s gentleness toward His creatures is His special care for the weak among them, those who possess neither strength nor means. He enjoins others to look after them and Himself provides for them, compensating them for the care they cannot secure on their own while they are in a state of vulnerability.
6 – The very reasons the woman presented to the Prophet ﷺ for giving her precedence in custody are what qualified her to be more entitled to the child than his father: her womb had been his container while he was still a fetus,