his statements, these concern the fundamentals of religion—for example, “Kitāb al-Sunnah” (The Book of the Sunnah), in approximately three volumes—and the principles of jurisprudence and hadith, such as “Kitāb al-ʿIlm” (The Book of Knowledge), which he compiled from discussions of defects in hadith, such as “Kitāb al-ʿIlal” (The Book of Hadith Defects), which he compiled from his statements on “deeds of the heart, character, and conduct,” and from his statements on “hadith transmitters and history.” Yet, extensive as these compilations are, they do not encompass everything people transmitted from him.

The point here is that differing positions are reported from him on both questions: that of the daughter and that of the son. Three well-known positions are reported from him concerning the son; among those who mentioned them was Abū al-Barakāt in his “al-Muharrar.” Two positions are reported from him concerning the girl; among those who mentioned them was Abū ʿAbd Allāh ibn Taymiyyah in his two books, “al-Talkhīs” and “Targhīb al-Qāsid.” These reports, with their precise wording, transmitters, and chains of transmission, are found in several books. Among those who mentioned them was al-Qādī Abū Yaʿlā in his “Taʿlīq.”

It is reported from Ahmad concerning the boy that his mother has the greater right to him until he no longer needs her care; thereafter, his father has the greater right to him. Thus, in the report of al-Fadl ibn Ziyād, he said:

“When the boy reaches the age of discernment and no longer needs his mother’s care, his father has the greater right to him.”

In the report of Abū Tālib, he said:

“The father has the greater right to the boy when he reaches the age of discernment and no longer needs his mother’s care.”

This position, transmitted by al-Qādī Abū Yaʿlā, the second, and others, is also what is transmitted from Abū Hanīfah, who said:

“When he can eat, dress, and perform ablution by himself, his father has the greater right to him.”

Ibn al-Mundhir transmitted from Abū Hanīfah and Abū Thawr that the boy is given a choice between his parents. The former position, however, is Abū Hanīfah’s position as found in the books of his followers. It is also one of the two positions reported from Mālik, for Ibn Wahb transmitted from him:

“The mother has the greater right to him until