Lessons drawn from the ḥadīth:

1. Custody is affirmed as a right belonging to the minor and the mentally incapacitated, in order to safeguard, protect, and manage their affairs; this is a manifestation of Allah’s mercy toward His creation.
2. The ʿaṣabah (male agnate relatives) possess an original claim to custody so long as no one with a stronger entitlement exists. The Prophet ﷺ acknowledged the claims of both ʿAlī and Jaʿfar to their cousin’s daughter and did not censure them.
3. The mother takes precedence over everyone else in matters of custody. In this account the girl was placed with her maternal aunt only because “the aunt is like the mother,” owing to the aunt’s perfect tenderness and dutiful care.
4. The maternal aunt follows the mother in the order of custody, sharing with her the same affection and compassion.
5. The guiding principle in custody is to secure affection and mercy for this helpless, dependent child. This flows from Allah’s compassion and kindness toward the weak and the cut-off, for He prepares merciful hearts to look after them.
6. A married woman does not forfeit her right to custody if her husband is content for her to continue with it; her right is removed only when she must devote herself to the husband’s rights and to running his household. If he is pleased with her undertaking custody, her entitlement remains. This reconciles the Prophet’s ﷺ ruling that awarded custody to Jaʿfar with his statement to the divorced woman when her former husband disputed with her over their son: “You have a stronger claim to him so long as you do not remarry.” Reported by Aḥmad and Abū Dāwūd.
7. The noble character and gentleness of the Prophet ﷺ: he judged in favor of one of the three claimants yet satisfied them all by addressing each with words that soothed their hearts and eased their consciences, so they departed joyful and delighted. May Allah’s blessings and peace be upon him, his family, and all his Companions.

Shaykh al-Islām said: Whenever we give precedence to one of the parents, we do so only when that choice secures the daughter’s welfare or averts harm from her. If her condition becomes corrupt with one of them, the other parent is unquestionably more entitled to her. Even when a minor chooses one of the parents and we honor that choice, we do so on the condition that it brings benefit and removes harm, for the child’s intellect is weak and he may choose according to a corrupt desire. The child might seek companionship that damages him and abandon what benefits him of knowledge, religion, manners, and skill, selecting the parent with whom he can pursue his whims. When matters stand thus, there is no doubt that he is not to be allowed