Is it prohibited to separate two brothers or two sisters during division or sale?
General Chapter
Al-Mughni
Book of Jihad
Primary text
It is prohibited to separate brothers during division or sale. The evidence is the narration that the Messenger of Allah (peace be upon him) commanded Ali (may Allah be pleased with him) to return a sold slave whom he had sold, stating: "Return him, return him." Furthermore, Umar ibn Al-Khattab wrote: "Do not separate between two brothers, nor between a mother and her child, in a sale," because they are close relatives (*dhu rahm muhram*), making separation impermissible, similar to the separation of a child and parent.
Supporting text
Malik, Al-Laith, Al-Shafi'i, and Ibn al-Mundhir permit separation because this kinship does not preclude accepting testimony, unlike the kinship of a cousin. They argue that if the kinship does not forbid testimony, it does not forbid separation.