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LIES ABOUT PROPHET MUHAMMAD & AISHA – Part 2
Several lies have been invented recently against Islam regarding
Prophet Muhammad’s marriage to Aisha. These lies manipulate
invented interpretations that contradict the legislation of all
the 4 Islamic Schools of thought, or “mathaheb”.
1)
Abu Bakr Urged the Marriage
The 1st lie claims that “Prophet Muhammad forced
Aisha’s father to accept the marriage”.
·
This lie distorts a summarized narration about Abu Bakr. The
detailed hadith narrated by Aisha herself provides 4 facts that
disprove the lie:[1]
1.
Prophet Muhammad did not initiate the engagement. Khawla
suggested the marriage,(1) because the companions feared for the
Prophet’s health after the death of Khadijah.[2]
2.
The Prophet did not approach Abu Bakr directly, rather,
using the applicable etiquette, he replied to Khawla's
suggestion: "So go, and mention me to them".(1)
3.
Abu Bakr’s question to Khawla “Is she good for him? She
is his brother’s daughter” was not an objection, rather, a
question due to the pre-Islamic norm that assigned blood ties
which do not actually exist, such as in adoption. The Prophet
corrected this false notion through Khawla.
4.
If Abu Bakr had any hesitation, he would simply have used
the acceptable justification that she was already engaged, but
instead he told Khawla to “Wait” and went immediately to request
permission from Aisha’s previous fiancé.
·
More importantly, even the consummation itself was urged by Abu
Bakr, which disproves any reluctance from his side. Lady Aisha
narrated: “Abu Bakr told him ‘What prevents you from
consummating with your wife?’ So he consummated (our marriage)“.[3]
·
Last, any doubt about Abu Bakr’s compassion for his daughter’s
best interests is rejected, because he was very well known for
his "Shafaqa",[4]
[5] which is a term normally used to praise a
compassionate father.[6]
[7]
[8]
[9]
[10]
As a result, not only did Abu Bakr consent, but both the
engagement and the consummation were initiated and urged by
people other than the Prophet.
2)
Sexual Acts Prohibited Before Puberty
The 2nd lie claims that “sexual acts were
performed when Aisha was 6 years old”.
·
The lie does not cite any hadith, but merely repeats a falsified
fatwa against Saudi scholars who denied ever having made it, as
declared on their website, and they added "Our Prophet prohibits
even seclusion with a fiancee."[11]
·
In Islam, "approaching" even ones wife intimately even without
penetration is only allowed “if she has reached puberty (itha
balaghat)…” as stated by Hasan al Basri, leader of the
"followers" of the companions.[12]
·
The relevant hadith by Aisha proves that she had passed puberty
because she said “The Prophet used to tell us during our period
to wear a skirt before (physically) approaching us".[13]
Therefore, the only sexual acts with prepubescent girls were
actually just fantasized in the perverted imagination of the
person fabricating the lie in his sick mind about “thighing” and
“rubbing” repeatedly a 6 year old girl.
3)
Lady Aisha was a Mature Adult
The 3rd lie claims that “Lady Aisha had not
reached puberty when her marriage was consummated.”
·
The fallacy claims that the proof of Aisha’s childhood is her
saying that “her dolls were with her” when “she was taken to his
house as a bride when she was 9”.(14) But Ibn Hajar cites in
Fathulbari that the Muslim scholars deduced from the context of
this hadith, the permission to play with dolls regardless of age
as a means to learn about matters of the home and raising
children.[14]
[15]
o
Indeed, playing with dolls by adults is also common in many
recent societies,[16]
[17]
[18] as educational preparation for
motherhood.[19]
[20]
It is ridiculous to claim that merely playing with dolls or
swings is evidence of physical or even mental maturity.
·
The evidence for Aisha’s adulthood is quite explicit:
1.
As shown in part 1 of this presentation, even until the
18th century, psychological maturity coincided with
puberty, (see part 1: ref. 58 to 86) and all societies
recognized puberty as the requirement to give informed consent
for marriage. (see part 1: ref. 31 to 50)
2.
In her parents' opinion, Aisha had reached puberty and
was fit for marriage when Abu Bakr requested the
consummation,(3) just like the Jewish princess Safiyyah, who
married when she became "capable of marriage" in her neighboring
Jewish tribe.[21]
[22]
3.
Lady Aisha said: “If the young girl reaches 9 years, then
she is a woman”.[23]
She is obviously describing herself and her acquaintances.
4.
Not merely did she reach menstruation,
the great Malki scholar Dawudi commented about her
marriage “Aisha then had physically matured well indeed”.[24]
As a result, not only had Lady Aisha reached puberty when her
marriage was consummated, she was also a physically and
psychologically mature adult.
4)
Aisha Consented & Was Overjoyed
The 4th lie dares to claim that “Aisha did not
consent to the marriage.”
·
Not only did she consent to the marriage according to Islam’s
requirements,[25]
[26]
[27]
[28]
[29]
[30]
Lady Aisha was overjoyed, and stated 6 priveleges directly
relating to her marriage: “I have been given features not given
to any woman. The Prophet (peace be upon him) married me when I
was seven, the angel brought him my image in his hand to look at
it, he consummated our marriage when I was nine, I saw the angel
Gabriel, I was his most beloved wife, and I attended his disease
till he died, not witnessed but by me and the angels."[31]
It is clear from this hadith that Aisha not only consented, but
was even ecstatic about this privilege.
5)
Puberty, Maturity, & Consent Required
The 5th lie claims that “Quranic verses permit
consummation to prepubescent girls”.
·
To disfigure the truth, the fallacy ommits the very 1st
verse revealed regarding the waiting period after divorce. In
the correct context and order:
o
the 1st verse sets the waiting period to 3 menstrual
cycles.[32]
o
Since old and young women do not menstruate, the 2nd
verse was subsequently revealed setting their waiting period to
3 months, as explained by Ibn Kathir.[33]
o
And finally, the 3rd verse sets the exception for any
marriage that has not been consummated.[34]
This exception applies to marriages that cannot be
consummated, such as not only prepubescent girls, but even women
who have menstruated but who are not yet ready physically or
emotionally for intercourse.(24)
·
In fact, the only verse in the Quran using the term “bulugh al
nikah”, or "age of procreation", to describe puberty mentions
the additional requirement of mental maturity for orphans to
receive their financial assets.[35]
This Islamic requirement of maturity, which is even correctly
relayed in Encyclopedia Britannica,[36]
undeniably applies even more to marriage contracts, because it
entails responsibility towards other people.[37]
·
Furthermore, Imam Abu Hanifa legislated that since a woman who
reached puberty has authority over her own financial affairs,
then she has authority over her own marriage.[38]
Consummation before puberty cannot occur, because it would
violate this right of women to consent.(26)
o
Indeed, an authentic hadith shows that “A young girl who was
still a virgin came to the Prophet and she mentioned that her
father married her (to someone), while she was forced, so the
Prophet gave her the choice (to remained married or not).”[39]
As a result, prior to consummating a marriage, Islam not only
requires menstruation, but physical and mental maturity followed
by consent as well.
6)
Islam Curtailed Sexual Freedoms
The 6th ridiculous claim is that “Muhammad
invented Islam to satisfy his sexual desires.”
·
First of all, there were already Talmud and Church laws
permitting vast sexual aberrations. But while affirming the
divine source of Judaism and Christianity, Islam rejected these
obviously false interpretations or alterations. Please read the
following examples:
o
Bible: no mention of a minimum age for marriage.
o
Talmud: “a girl who is 3 years and 1 day old may be betrothed
through sexual intercourse”.[40]
[41]
[42]
[43]
o
Canon: 7 years is the minimum age for consummation (passed on to
19th century Europe & US Common Law). (see part 1: ref. 31 to
50)
o
Talmud: "A proselyte (non-Jewish girl) who is under the age of 3
years and 1 day is permitted to marry a priest" citing Numbers
31:17.[44]
o
"Saint" Constantine: legalized sale of infants as slaves (313
AD).[45]
o
Talmud: fathers permitted to sell daughters as slaves, citing
Exodus 21:7.[46]
o
Talmud: For pederasty and incest of boys under 9 and girls under
3, “no guilt is incurred” by the adult.[47]
[48]
[49]
o
Deuteronomy 22:13-18 requires parents to deflower their
daughters before marriage to show “tokens of her virginity”.[50]
·
Secondly, Islam actually opposed the extreme sexual
permissiveness of that time, such as:
o
Prostitution and pederasty were cherished from the Greeks up
until the 15th century Roman Byzantine society.[51]
[52]
[53]
[54]
o
Talmud: did not require consent of
women under 12 for marriage.[55]
o
Pagan Arabs: used to perform their public worship completely
naked.
o
Child prostitution was legal at age 7 from Greco-Roman times
(remained legal at age 10 even until 1885 in US and UK).[56]
[57]
[58]
[59]
[60]
o
Arab and Jewish people could marry an unlimited number of
simultaneous wives.
Therefore, to satisfy abnormal sexual desires in 7th
century Arabia, no new religion was needed: all one had to do
was take his pick from the existing religions and norms. In
contrast, Islam protected people from these shameful laws.
CONCLUSION
In conclusion, we have seen that these attacks against Islam
necessitated disfiguration, concealing the truth, and
incompetent, twisted interpretations. This unacceptable approach
puts into serious question the morality, system of values and
beliefs of anyone perpetrating such lies.
[1]
From Imam Ahmed (Good Hadith according to Ibn Hajar in
Fathul Bari, with other hadiths corroborating many of
the details including Tabarani as good, Al Hakim in
Mustadrak as authentic, and Abdulrazaq in Mustadrak):
“After Khadijah died, Khawlah bint Hakeem,...said:
‘Wouldn’t you marry, O prophet of Allah?’ He said:
‘Who?’ She said: ‘If you like, a virgin, or a previously
married woman.’ He said: ‘Who is the virgin?’ She said:
‘The daughter of the most beloved creature to you, Aisha
daughter of Abu Bakr.’ He said: ‘And who is the
previously married?’ She said: ‘Sawda bint Zama; she
believed in you and followed you, in what you say.’ He
said: ‘So go, and mention me to them.’
So she entered Abu Bakr’s house and said: ‘O Um Ruman,
what great good and blessing did Allah grant you!’ She
said: ‘And what is that?’ She said: ‘The Prophet PBUH
sent me to propose his marriage to Aisha.’ She said:
‘Wait for Abu Bakr to come.’ Abu Bakr came and she said:
‘O Abu Bakr, what great good and blessings did Allah
grant you!’ He said: ‘And what is that?’ She said: ‘The
Prophet PBUH sent me to propose his marriage to Aisha.’
He said: ‘Is she good for him? She is his brother’s
daughter.’
She returned to the Prophet PBUH and mentioned that to
him. He said: ‘Return and tell him I am your brother and
you are my brother in Islam, and your daughter is good
for me.’
She returned and mentioned that to him. He said: ‘Wait.’
And he went out. Um Ruman said that Mutim Ibn Adiyy had
proposed for her to his son, and by Allah, Abu Bakr
never made a promise and broke it... He returned and
told Khawlah: ‘Invite the Prophet PBUH to come over.’
She invited him, and he married him to her, while Aisha
was six years old then...
Aisha said: ‘Then we moved to Madinah and lived among
bani al Harth al Khazraj, in al Zanh.’
She said: ‘Then the Prophet PBUH came and entered our
house, and men and women gathered around him. And my
mother came to me... and then said: ‘These are your
parents, so may Allah bless them for you and bless you
for them’... And the Prophet consummated our marriage in
our house… and I was nine years old that day’.”
روى الإمام احمد
لما هلكت خديجة جاءت خولة
بنت حكيم امرأة عثمان بن مظعون قالت: يا رسول الله ألا
تزوج قال: من قالت: إن شئت بكرا أو ثيبا قال: فمن البكر
قالت ابنة أحب خلق الله عز وجل إليك عائشة بنت أبي بكر
قال: ومن الثيب قالت: سودة بنت زمعة قد آمنت بك واتبعتك
على ما تقول قال: فاذهبي فأذكريهما عليَّ فدخلت بيت أبي
بكر فقالت: يا أم رومان ماذا أدخل الله عز وجل عليكم من
الخير والبركة قالت: وما ذاك قالت: أرسلني رسول الله صلى
الله عليه وسلم أخطب عليه عائشة قالت: انتظري أبا بكر حتى
يأتي فجاء أبو بكر فقالت: يا أبا بكر ماذا أدخل الله عليكم
من الخير والبركة قال وما ذاك قالت: أرسلني رسول الله صلى
الله عليه وسلم أخطب عليه عائشة قال: وهل تصلح له إنما هي
ابنة أخيه فرجعت إلى رسول الله صلى الله عليه وسلم فذكرت
له ذلك قال: ارجعي إليه فقولي له أنا أخوك وأنت أخي في
الإسلام وابنتك تصلح لي فرجعت فذكرت ذلك له قال: انتظري
وخرج قالت أم رومان إن مطعم بن عدي قد كان ذكرها على ابنه
فوالله ما وعد وعدا قط فأخلفه لأبي بكر ...
فرجع فقال لخولة: ادعي لي
رسول الله صلى الله عليه وسلم صلى الله عليه وسلم فدعته
فزوجها إياه وعائشة يومئذ بنت ست ... قالت عائشة فقدمنا
المدينة فنزلنا في بني الحرث بن الخزرج في السنح قالت:
فجاء رسول الله صلى الله عليه وسلم فدخل بيتنا واجتمع إليه
رجال من الأنصار ونساء فجاءتني أمي ... ثم قالت: هؤلاء
أهلك فبارك الله لك فيهم وبارك لهم فيك... وبنى بي رسول
الله صلى الله عليه وسلم في بيتنا ... وأنا يومئذ بنت تسع
سنين.
[2]
“Al Isabah” by Ibn Hajar, “Al Bidayah wal Nihayah” by
Ibn Kathir
“The Prophet PBUH pained for Khadijah’s (death) to the
point they feared for him (to die), until he married
Aisha.”
وَجَدَ رسول الله صلى الله
عليه وآله وسلم على خديجة حتى خـُشِـيَ عليه حتى تزوج
عائشة
[3]
Ibn Hajar (in “Fathul Bari”) and Al Tabaraani
“Aisha said:...’Until we arrived at Madinah, so I dwelt
among the family of Abu Bakr...So Abu Bakr told him:
‘What prevents you from consummating with your wife?’ So
he consummated with me’.”
قال ابن حجر في فتح الباري:
وأخرج الطبراني … عن عائشة قالت
لما هاجر رسول الله صلى الله
عليه وسلم وأبو بكر خلفنا بمكة، فلما استقر بالمدينة ...
حتى قدمنا المدينة فنزلت في عيال أبي بكر...فقال له أبو
بكر: ما يمنعك أن تبني بأهلك؟ فبني بي
[4]
Tafseer Al Qurtubi
"Abu
Bakr al Siddiq was called the weeper (alawah) for his
compassion and kindness."
قال القرطبي في تفسيره:
...وكان أبو بكر الصديق رضي
الله عنه يسمى الأواه لشفقته ورأفته.
[5]
Kanzul Ummal,
"Uthman told Abu Bakr: 'I see you a good counselor to
people of this religion and compassionate to
them'…Khalid Ibn Said told Abu Bakr: 'and you are the
compassionate and counseling leader'."
كنز العمال
مسند أبي بكر: ...قال عثمان
بن عفان (لأبي بكر): إني أرى أنك ناصح لأهل هذا الدين شفيق
عليهم...
...قال خالد ابن سعيد (لأبي
بكر): ... وأنت الوالي الناصح الشفيق
[6]
The Explanation of Riyadh al Saliheen
"Ibn
Alan said: 'So if the merciful (shafiq) father fears
harm for his child after him…"
قال ابن علان، في شرح رياض
الصالحين
...فإن الوالد الشفيق يخشى
على ولده الضيعة بعده...
[7]
Al Tabari, "Al Tareikh"
"The action of the merciful (shafiq) father with his
son, and the loving leader with his followers…"
قال الطبري، في "التاريخ":
...فعل الوالد الشفيق على
ولده والراعي الحب عى رعيته...
[8]
Al Suyuti, Al La-ale Al Masnua
"Just as the merciful (shafiq) father cares for goodness
towards his child"
قال السيوطي في اللآلئ
المصنوعة
... كما يتعاهد الوالد
الشفيق ولده بالخير ...
[9]
Ibn Taymiya, Al Fatawa al Kubra
"…Just like the father constrains his child to what is
better for him…"
قال ابن تيمية في الفتاوى
الكبرى
... كما يلزم الأب الشفيق
ولده ما هو أصلح له ...
[10]
Imam Al Ghazali, "Ihya Ulum al Deen"
"…Just like the merciful (shafiq) father would prevent
his child the pleasure of fruits (if medically
necessary) or imposes the pain of medical cuts out of
compassion (shafaqa) and love for him."
قال الغزالي في الإحياء
كما يمنع الوالد الشفيق
ولده لذة الفواكه ويلزم ألم الفصد والحجامة شفقة عليه وحبا
له
[12]
AbdulRazzaq, “al Musannaf”
"citing Maymoonah, the Prophet’s wife, that if his wife
had the period, he would approach his wife provided she
was dressed till the middle of the thighs (not less), or
till the knees (this is the recommended practice of all
Muslims).
Then Abdul Razzaq added, citing Al Hasan: It is OK, IF
SHE HAS REACHED PUBERTY, if it is on her belly or
between her thighs."
(Hasan Al Basri was the most eminent authority in the
generation succeeding the Prophet -Muhaddith MR)
عَنْ مَيْمُونَةَ زَوْجِ
النَّبِيِّ صَلَّى اللهُ عَليه وسلَّم، أَنَّ رَسُولَ
اللَّهِ صَلَّى اللهُ عَليه وسلَّم كَانَ يُبَاشِرُ
المَرْأَةَ مِنْ نِسَائِهِ وَهِيَ حَائِضٌ إذَا كَانَ
عَلَيْهَا إزَارٌ يَبْلُغُ أَنْصَافَ الفَخِذَيْنِ أَوْ
الرُّكْبَتَيْنِ مُحْتَجِرَةً بِهِ.
حَدَّثَنَا وَكِيعٌ عَنْ
الرَّبِيعِ عَنْ الحَسَنِ قَالَ: لاَ بَأْسَ إنْ بَلَغَتْ
عَلَى بَطْنِهَا وَبَيْنَ فَخِذَيْهَا.
[13]
Bukhari (Book 6, Hadith 296), Muslim (Kitab Al Hayd,
Hadith #2), Ibn Majah, Al Hakim, “Al Mustadrak” (Hadith
# 614/169), Abu Dawud (Hadith #272)
The Prophet used to tell us during our period to wear a
skirt before (physically) approaching us, AND WHO AMONG
YOU CAN CONTROL HIS DESIRE (TO DO MORE THAN THAT) LIKE
THE PROPHET USED TO BE ABLE TO CONTROL HIS DESIRE.
حدثنا عُثْمَانُ بنُ أبي
شَيْبَةَ أخبرنا جَرِيرٌ عن الشّيْبَانِيّ عن
عَبْدِالرّحْمَنِ بنِ الأسْوَدِ عن أبِيهِ عن عَائِشَةَ
قَالَتْ "كَانَ رسولُ الله صلى الله عليه وسلم يَأْمُرُنَا
في فَوْحِ حَيْضَتِنَا أنْ نَتّزِرَ ثُمّ يُبَاشِرُنَا،
وَأيّكُمْ يَمْلِكُ إرَبَهُ كَمَا كَانَ رسولُ الله صلى
الله عليه وسلم يَمْلِكُ إرَبَهُ".
[14]
Sahih Muslim, Vol. 8, #3311
“Aisha reported that Allah's Apostle (may peace be upon
him) married her when she was seven years old, and she
was taken to his house as a bride when she was nine ,
and her dolls * were with her; and when he (the Holy
Prophet) died she was eighteen years old.”
*(the majority of scholars permit dolls to train women
starting from youth about matters of their homes and
raising children)
“Fath-ul-Bari, Explanation of Sahih Bukhari”, page 143,
vol 13, Imam Ibn Hajar
(I used to play with the dolls in the presence of the
Prophet... the Prophet would call them to join and play
with me)
“And from this hadith was deduced the permission to keep
dolls and toys for girls to play with them, and that
this was excluded from the general prohibition of
keeping images (statues), and (The Judge) Iyad affirmed
it, and related it was the majority (opinion), and that
they (the majority) allow selling dolls to girls to
train them from (the time of) their youth, about the
matter of their homes and children; He (Iyad) said and
some (the minority) had the opinion that it (the
permission) is abrogated.”
This quote of Judge Iyad is also in “The Explanation of
Sahih Muslim”.
قوله: (عَنْ عَائِشَةَ:
أَنَّها كَانَتْ تَلْعَبُ بِالْبَنَاتِ عِنْدَ رَسُولِ
اللهِ -صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ-). قال
القاضي(القاضي عياض): فيه جواز اللعب بهن. قال: وهن
مخصوصات من الصور المنهي عنها لهذا الحديث ولما فيه من
تدريب النساء في صغرهن لأمر أنفسهن وبيوتهن وأولادهن ...
قال: ومذهب جمهور العلماء جواز اللعب بهن. ... وقالت
طائفة: هو منسوخ بالنهي عن الصور، هذا كلام القاضي.
[15]
“Fathul Bari, The Explanation of Sahih Bukhari”, Ibn
Hajar
“Abu Dawud and Nasaii related that Aisha said: ‘Allah’s
Messenger (pbuh) came from the battle of Tabuk or
Khaybar...so he uncovered the curtained area above my
dolls...he asked ‘What is this Aisha?’ Aisha said ‘My
dolls.’...Aisha was in the battle of Khaybar a girl of
about 14 years old...in the battle of Tabuk absolutely
more...”
(This hadith contradicts the “minority” opinion referred
to in the previous hadith, because Aisha here is seen to
have toys and dolls when she was at least 14 years old,
and far beyond puberty – Muhaddith MR)
فتح الباري، شرح صحيح
البخاري، الإصدار 2.09
للإمام ابن حجر العسقلاني
وأخرج أبو داود والنسائي من وجه آخر عن عائشة قالت: " قدم
رسول الله صلى الله عليه وسلم من غزوة تبوك أو خيبر "...
فكشف ناحية الستر على بنات لعائشة لعب ...قال ما هذا يا
عائشة، قالت: بناتي ... لأن عائشة كانت في غزوة خيبر بنت
أربع عشرة سنة إما أكملتها أو جاوزتها أو قاربتها. وأما في
غزوة تبوك فكانت قد بلغت قطعا فيترجح رواية من قال في
خيبر، ويجمع بما قال الخطابي لأن ذلك أولى من التعارض.
[16]
"Perfect Little Girls' Dolls", Temporary Exhibit, 2007 &
2008
"The museum’s new temporary exhibit highlights the role
of dolls in the upbringing of perfect little girls since
1840...continue in their role as an idealized model for
children to imitate...As we can see it in « Les malheurs
de Sophie », good manners were taught by using dolls
that were first made of wax or papier maché, than
bisque, composition, celluloïd, cloth or plastic. As the
materials changed due to technical advances so did the
dolls morphologies in order to adapt to children’s
tastes : from the fashion doll with a papier mache head
and a leather body representing the women the little
girl would become, to the caracter baby or baby doll
which represents a baby or a young child that enables
the child girl to play « mummy »...By playing with
dolls, children have learnt sewing, embroidery,
knitting, tapestry and even making trousseaus but also
cooking and childcare. Doll accessories and doll
furniture like sewing machines, tea sets, cradles,
layettes…also helped to teach these skills.”
[18]
"Anecdotal evidence for child marriage in America", Jane
Galt, 2007
"Child marriage may not have been the norm in America in
the 19th century, but it clearly wasn't too rare,
because it's featured in some of the most popular
historical novels based on real experiences...mountain
patterns where it was the accepted custom for a girl to
get married when she should still be skipping around,
climbing trees, catching lightning bugs, pumping high in
a homemade swing, and playing elves and fairies in a
cool glen."
[20]
"The value of playing with dolls for girls and boys",
Randa Morris, Helium
“Realizing that all your children's toys can be
wonderful teaching tools, helping to engage them in
developing essential life-skills, can open up a whole
new realm of interactive play experiences for you and
your child...Using these "toys" to role-play with your
child can assist them in learning "positive" ways to
communicate, and aid in social and educational
development...Showing your little one how to rock,
cuddle, be gentle with, bathe, feed, change and just
"love" the baby, are all ways to begin to teach future
parenting skills.”
[21]
“Al Bidayeh wal Nihayeh” (The Beginning and the End),
Ibn Kathir, vol.4, Mention of the story of Safiyyah
daughter of Huyayy, from the Bani Nudayr tribe
“Concerning her, when Allah’s Messenger (peace be upon
him) expelled the Jewish tribe of Bani Nudayr from
Madinah, as was mentioned, most of them went to Khaibar,
among them Huyay ibn Akhtab, and the descendents of Abi
al Haqiqa, and they were financially affluent and of
high lineage among their people, and Safiyyah was then a
child below puberty. Then when she became capable of
marriage one of her cousins married her, so when she was
brought to him and was entered into his (house) he
consummated the marriage with her…”
(The Arabic scholars' terminology to identify "being
capable or fit for marriage" applies to both Princess
Safiya and Lady Aisha – Muhaddith MR)
البداية والنهاية، للإمام
إسماعيل بن كثير الدمشقي. الجزء الرابع. فصل فتح رسول الله
عليه السلام للحصون. ذكر قصة صفية بنت حيي النضرية
كان من شأنها أنه لما أجلى
رسول الله صلى الله عليه وسلم يهود بني النضير من المدينة
كما تقدم، فذهب عامتهم إلى خيبر، وفيهم حيي بن أخطب، وبنو
أبي الحقيق، وكانوا ذوي أموال وشرف في قومهم، وكانت صفية
إذ ذاك طفلة دون البلوغ. ثم لما تأهلت للتزويج تزوجها بعض
بني عمها، فلما زفت إليه وأدخلت إليه بنى بها...
[22]
“Al Isabah”, by Ibn Hajar
“Safiyyah daughter of Huyayy Ibn Akhtab…she was married
to Salam son of Mishkim...Then Kinaanah son of Haqeeq
succeeded him as her husband…that Umayyah daughter of
Abi Qays from Ghufar said: ‘I am among the women who
accompanied Safiyyah, in her marriage ceremony, to the
Prophet PBUH, and I heard her say: I had not reached
seventeen, the day I entered unto the prophet of Allah
(peace be upon him)’.”
[23]
“Awn Al Mabood”, Al Aabadi
“… Aisha said: ‘If the “jariyah” (young girl) reaches
nine years, then she is a woman”, Al Munzhiri (the
hadeeth expert) said: Narrated by Tirmizhi and Nasaa’i;
Al Tirmithi said: Good Hadeeth.
[24]
Explanation of Muslim by Imam Nawawi, Book of Marriage,
Hadeeth 75, Vol 9, p.207
Aisha said: ‘Allah’s Messenger (pbuh) engaged me when I
was six years old, and consummated the marriage when I
was a girl of nine years old.’...
And Malik and Shafii and Abu Hanifa said: ‘The limit for
that (consummation) is her (the female’s) capability for
(sexual) intercourse.’
Dawudi said: ‘And Aisha then had physically matured well
indeed’.”
(When Malik, and Shafii and Abu Hanifa all say that the
limit for consummation is the female's capability for
intercourse, this includes any and all ways in which
this can be defined. For example, whether it is being
fully physically or psychologically developed.Muhaddith
MR)
صحيح مسلم بشرح النووي
فيه: حديث عائشة -رَضِيَ
اللهُ عَنْهَا- قالت: (تَزَوَّجَنِي رَسُولُ اللهِ -صَلَّى
اللهُ عَلَيهِ وَسَلَّمَ- لِسِتِّ سِنِينَ، وَبَنَى بِي
وَأَنَا بِنْتُ تِسْعِ سِنِينَ).
وقال مالك والشَّافعيُّ وأبو
حنيفة: حدُّ ذلك أن تطيق الجماع
قال الدَّاوديُّ: وكانت
عائشة قد شبَّت شباباً حسناً -رَضِيَ اللهُ عَنْهَا- (ج/ص:
9/207)
[25]
Sunan Abi Dawud, Nasaii, ibn Majah, and Musnad Imam
Ahmad from the hadith of ibn Abbas:
“A young girl who was still a virgin came to the Prophet
(peace be upon him) and she mentioned that her father
married her (to someone), while she was forced, so the
Prophet (peace be upon him) gave her the choice (to
remained married or not).
ibn al Qattan said: this hadith of ibn Abbas is
authentic.”
وفي سنن أبي داود والنسائي
وابن ماجه ومسند الإمام أحمد من حديث ابن عباس:
أن جارية بكراً أتت النبي
صلى اللّه عليه وسلم، فذكرت أن أباها زوجها، وهي كارهة،
فخيرها النبي صلى اللّه عليه وسلم
قال ابن القطان: حديث ابن
عباس هذا صحيح.
[26]
Abu Hanifah in his Musnad (collection of hadiths that he
narrated with his personal chain to the Prophet PBUH)
“The virgin cannot be made to marry without requesting
her command, and if she keeps silent, then this is her
permission (Qari: The reason is that modesty overcomes
her) and the previously married cannot be made to marry
without her permission.”
(Even here, when a prepubescent girl does not object to
an engagement, her acceptance is only temporary until
she reaches menstruation and psychological maturity, at
which time her acceptance can be accepted. Her rejection
of a suitor as a minor is accepted. – Muhaddith MR)
روى أبو حنيفة في مسنده:
لا تنكحْ البكر حتى
تُسْتَأمر، وإذا سكتت فهو إذنها (القاري: وسبب ذلك، أن
الحياء غالب عليها) ولا تنكح الثيب حتى تستأذن
[27]
Sahih Muslim and “Musanaf” by Abdulrazzaq
Citing Aisha: ‘I asked the Prophet (PBUH) about the
young girl, her parents want to marry her (to someone);
is she asked for her command or not?’
The Prophet PBUH told her: ‘Yes, she is asked for her
command.’
Aisah said: ‘But she gets shy.’
The Prophet PBUH said: ‘So this is her permission, if
she is silent’.”
روى الإمام مسلم في صحيحه عن
عائشة...سَأَلْتُ رَسُولَ اللهِ -صَلَّى اللهُ عَلَيهِ
وَسَلَّمَ- عَنِ الْجَارِيَةِ يُنْكِحُهَا أَهْلُهَا
أَتُسْتَأْمَرُ أَمْ لاَ؟ فَقَالَ لَهَا رَسُولُ اللهِ
-صَلَّى اللهُ عَلَيهِ وَسَلَّمَ-: "نَعَمْ،
تُسْتَأْمَرُ". فَقَالَتْ عَائِشَةُ: فَقُلْتُ لَهُ:
فَإِنَّهَا تَسْتَحْيِي. فَقَالَ رَسُولُ اللهِ -صَلَّى
اللهُ عَلَيهِ وَسَلَّمَ-: "فَذَلِكَ إِذْنُهَا إِذَا هِيَ
سَكَتَتْ".
[28]
Fath ul Bari (The Explanation of Sahih Bukhari), Ibn
Hajar
“Ibn Sad narrated…that Al Ni’man ibn abi al Jawn the
Kindi, came to the Prophet … and said: ‘O Prophet of
Allah, shouldn’t I marry you to the most beautiful lady
among the Arabs, she was married to a cousin of hers who
died, and she wanted you in marriage?’
He (the Prophet) said yes.
He (Kindi) said: ‘So send someone to bring her to you.’
(Narrated by Bukhari and Al Hakim in al Mustadrak, and
Abdul Razzaq in al Musannaf, that:)
When the (female) from the Kilaab tribe entered into the
Prophet (‘s house) she said: ‘I take refuge in Allah
from you.’
So he said: You took refuge in a Great One, rejoin your
people.”
في فتح الباري، شرح صحيح
البخاري:
ثم أخرج (ابن سعد) من طريق
عند الواحد بن أبي عون قال " قدم النعمان بن أبي الجون
الكندي على رسول الله صلى الله عليه وسلم مسلما فقال: يا
رسول الله ألا أزوجك أجمل أيم في العرب، كانت تحت ابن عم
لها فتوفي وقد رغبت فيك؟ قال: نعم. قال: فابعث من يحملها
إليك.
(روى البخاري والحاكم في
المستدرك وعبد الرزاق في المصنف وابن ماجة والنسائي)
عن عُرْوَةُ عَنْ عَائِشَةَ:
أَنّ (ابنة الجون) الْكِلاَبِيّةَ لَمّا دَخَلَتْ عَلَى
النّبِيّ صلى الله عليه وسلم قَالَتْ: أَعُوذُ بِاللّهِ
مِنكَ فَقَالَ رَسُولُ اللّهِ صلى الله عليه وسلم: "لَقَدْ
عُذْتِ بِعَظِيمِ الْحَقِي بِأَهْلِكِ"
[29]
The Status of Women under Islamic Law and under Modern
Islamic Legislation by Jamal J. Nasir
"The analysis includes both the rights and the
obligations of women under the Shari’ah and modern Arab
legislation...’far from being a subordinate and
powerless follower of the man, be he a father, a
husband, or a brother, the woman under Islam, whether
she is Muslim or not, has the last word, and the
ultimate power to choose her life-partner. She enjoys
full autonomy as far as her property is concerned, and
is the beneficiary of securities that must be the envy
of her western sister in terms of respect, marital
rights, maintenance, guardianship, and custody of
minors’."
[30]
“Awn al Mabud”, Al Abadi
Al Khattabi said in al Ma’aalim:
The outward (meaning) of the hadeeth indicates that if
the virgin is made to marry before asking her permission
and (obtaining) her silence (or her express permission),
that the marriage becomes invalid just like the marriage
of previously married becomes invalid (if performed)
before she is asked for her command. And this is the
view of Al Awzaii (great Mujtahid like “the Four”) and
Sufyan al Thawri (famous Aalim and Hadeeth scholar), and
this is the view of people of raii (Abu Hanifah).
وقال أيضا في عون المعبود:
قال الخطابي في المعالم:
ظاهر الحديث يدل على أن البكر إذا أنكحت قبل أن تستأذن
فتصمت، أن النكاح باطل كما يبطل إنكاح الثيب قبل أن
تستأمر، فتأذن بالقول. وإلى هذا ذهب الأوزاعي وسفيان
الثوري وهو قول أصحاب الرأي
[31]
“al Isabah fi Tamyeez al Sahabah (The correct
differentiation between the Companions”, Ibn Hajar
“Ibn Sa’d said:...Aisha said (in appreciation): ‘I have
been given features not given to any woman. The Prophet
(peace be upon him) married me when I was seven, the
angel brought him my image in his hand to look at it, he
consummated our marriage when I was nine, I saw the
angel Gabriel, I was his most beloved wife, and I
attended his diseased till he died, not witnessed but by
me and the angels’.”
الإمام ابن حجر العسقلاني
(مؤلف فتح الباري، شرح حيح البخاري) قال في كتابه:
الإصابة في تمييز الصحابة
وقال ابن سعد: أخبرنا هشام
هو ابن عبد الملك الطيالسي حدثنا أبو عوانة عن عبد الملك
بن عمير عن عائشة قالت: أعطيت خلالاً ما أعطيتها امرأة
ملكني رسول الله صلى الله عليه وآله وسلم وأنا بنت سبع
وأتاه الملك بصورتي في كفه لينظر إليها وبنى بي لتسع ورأيت
جبرائيل وكنت أحب نسائه إليه ومرضته فقبض ولم يشهده غيري
والملائكة
[32]
Al Suyuti, in "Al Durr Al Manthoor" wrote:
Abu Dawood and Ibn Abi Hatim and Al Bayhaqi in his
"Sunan" related, that Asmaa'... al Ansariyyah said:
I got divorced during the time of the Prophet PBUH, when
the divorced had no iddah (waiting period), so when I
got divorced Allah revealed the waiting period for
divorce: {and the divorced (women) wait for themselves
three periods}.
Thus she was the first (woman) concerning whom was
revealed the divorce's waiting period.
قال السيوطي في الدر المنثور
أخرج أبو داود وابن أبي حاتم
(وزاد في الدر المنثور: والبيهقي في سننه) عن أسماء بنت
يزيد بن السكن الأنصارية قالت: طلقت على عهد رسول الله صلى
الله عليه وسلم ولم يكن للمطلقة عدة، فأنزل الله حين طلقت
العدة للطلاق {والمطلقات يتربصن بأنفسهن ثلاثة قروء}
فكانت أول من أنزلت فيها
العدة للطلاق.
[33]
"Tafsir Ibn Kathir (Abridged)", Darussalam 2nd
edition, July 2003, Volume 10, p.44
"Ibn Abi Hatim recorded a simpler narration than this
one from Ubay bin Ka'b who waid, 'O Allah's Messenger!
When the Ayah in Surat Al-Baqarah was revealed
prescribing the 'iddah of divorce, some people in
Madinah said, 'There are some women whose Iddah has not
been mentioned in the Quran. There are the young, the
old whose menstruation is discontinued, and the
pregnant.' Later on this Ayah was revealed:
Quran 65:4 (Surah At-Talaq): {Those in menopause among
your women, for them the 'iddah, if you have doubt, is
three months; and for those who have no courses}
[34]
Al Suyuti, in "Al Durr Al Manthoor" wrote:
Abd Ibn Humaid related, citing Qatadah: "and the
divorced (women) wait themselves for three periods"
so he made the waiting period for divorce three periods
then he abrogated (i.e. excluded) from it the divorced
who was divorced before her husband consummated with
her, so He said in Al Ahzab 49:
"O you who believe if you marry the believing women then
divorce them before you touch them, then there is no
waiting period for you to observe"
so this one marries the same day if she wants
وتابع السيوطي في الدر
المنثور
وأخرج عبد بن حميد عن قتادة
{والمطلقات يتربصن بأنفسهن ثلاثة قروء} فجعل عدة الطلاق
ثلاث حيض،
ثم أنه نسخ منها المطلقة
التي طلقت ولم يدخل بها زوجها فقال: في سورة الأحزاب
(يا أيها الذين آمنوا إذا
نكحتم المؤمنات ثم طلقتموهن من قبل أن تمسوهن فما لكم
عليهن من عدة تعتدونها) (الأحزاب الآية 49)
فهذه تزوج إن شاءت من يومها.
[35]
{وَابْتَلُواْ الْيَتَامَى
حَتَّىَ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُم
مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ
أَمْوَالَهُمْ...} {Test the orphans, so that if
they have reached the age of procreation* (Balaghu Al
Nikah), and if (you) discerned from them sound judgement
then deliver to them their fortune} Quran: Al Nisaa (The
Women) 4:6, p. 77
(The responsibility of another person or children is far
more important to test than the responsibility of money
alone. Furthermore, this is the only verse in the Quran
using the term “Balaghu Alnikah“, age of procreation or
marriageable age for puberty, and it is to mention the
condition of sound judgement before gaining the
responsibilities normally associated with puberty.
* While most translations of “Balaghu Al Nikah” have
used “reached the marriageable age”, there is an
important distinction. Most other verses to describe
puberty use the term “Balagh Al Huluma”, while this
verse specifically relates puberty to marriage. On the
other hand, the term “marriageable age” could be
construed to mean the age at which someone can conduct a
marriage contract (or engagement) with no relation to
puberty, which is not the meaning of the verse. -
Muhaddith MR)
[36]
“Shari'ah”, Encyclopedia Britannica, 2008
“A legal capacity to transact belongs to any person “of
prudent judgment” (rashid), a quality that is normally
deemed to arrive with physical maturity or
puberty...Persons who are not rashid, on account of
minority, mental deficiency, simplicity, or prodigality,
are placed under interdiction: their affairs are managed
by a guardian and they cannot transact effectively
without the guardian's consent.”
[37]
(Muslim scholars agree that no Islamic legislative
qualifications are needed to reach this conclusion that
the rights of people supercede monetary issues
concerning the condition of "rushd" in the previous
verse) - Muhaddith MR)
[38]
Imam Muslim wrote, in his explanation of Saheeh Muslim:
And Abu
Hanifah said: ‘He (the guardian) is not required for the
post-pubescent girl, whether she is a virgin or
previously married; on the contrary, she can perform her
own marriage without her guardian’s permission.’ And Abu
Haneefah brought argument based on comparison (qiyaas)
with selling and other (transactions) for she is
autonomous in this, without (the necessity of) a
guardian; and he interpreted that the hadeeths requiring
the guardian concerned the slave and the young, and he
restricted their general wording by this comparison (qiyas)
And restricting the general wording through the logic of
comparison (qiyas) is allowable according to numerous
among the people of usool (experts in deducing
legislation).
وقال أبو حنيفة: لا يشترط في
الثَّيِّب ولا في البكر البالغة بل لها أن تزوِّج نفسها
بغير إذن وليِّها. واحتجَّ أبو حنيفة بالقياس على البيع
وغيره فإنَّها تستقلُّ فيه بلا وليٍّ، وحمل الأحاديث
الواردة في اشتراط الوليِّ على الأمة والصَّغيرة وخصَّ
عمومها بهذا القياس، وتخصيص العموم بالقياس جائز عند
كثيرين من أهل الأصول
[39]
Sunan Abi Dawud, Nasaii, ibn Majah, and Musnad Imam
Ahmad from the hadith of ibn Abbas:
“A young girl who was still a virgin came to the Prophet
(peace be upon him) and she mentioned that her father
married her (to someone), while she was forced, so the
Prophet (peace be upon him) gave her the choice (to
remained married or not).
ibn al Qattan said: this hadith of ibn Abbas is
authentic.”
وفي سنن أبي داود والنسائي
وابن ماجه ومسند الإمام أحمد من حديث ابن عباس:
أن جارية بكراً أتت النبي
صلى اللّه عليه وسلم، فذكرت أن أباها زوجها، وهي كارهة،
فخيرها النبي صلى اللّه عليه وسلم
قال ابن القطان: حديث ابن
عباس هذا صحيح.
[40]
Babylonian Talmud: Tractate Niddah 44b
"Mishnah: A girl of the age of three years and one day
may be betrothed by intercourse...Gemara: Our Rabbis
taught: A girl of the age of three years may be
betrothed by intercourse; so R. Meir. But the Sages say:
Only one who is three years and one day old...
Gemara: Our Rabbis taught: A girl of the age of three
years may be betrothed by intercourse; so R. Meir. But
the Sages say: Only one who is three years and one day
old."
[42]
Babylonian Talmud, Tractate Sanhedrin 55b
“R. Joseph said: Come and hear! A maiden aged three
years and a day may be acquired in marriage by coition,
and if her deceased husband's brother cohabits with her,
she becomes his.”
[43]
Babylonian Talmud: Tractate Kethuboth Folio 6a
“R. Hisda objected: If a girl, whose period [14] to see
[blood] had not arrived yet, got married, Beth Shammai
say: One gives her four nights,[16] and the disciples
of Hillel say: Until the wound is healed up.[17] If her
period to see [blood] had arrived [18] and she married,
Beth Shammai say: One gives her the first night,[19]
and Beth Hillel say: Until the night following the
Sabbath [one gives her] four nights.[20]
[16] In which she can have intercourse with her husband.
[17] The blood that comes out is attributed to the wound
and not to menstruation. Ordinarily, after the first
intercourse further intercourse is forbidden until the
coming out of blood, i.e., menstruation, is over. But in
this case, in which the young bride had never yet had
any menstruation, it is assumed that the blood is not
due to menstruation but to the wound caused by the
intercourse. According to Beth Shammai this assumption
holds good for four nights, and according to Beth Hillel
it holds good 'until the wound is healed up.' As to the
definition of this phrase, v. Nid. 64b. V. also Nid.
65b, where it is finally decided that after the first
coition no further intercourse must take place until the
flowing of blood has stopped, even in the case of a
young bride who had not yet had any menstruation. V.
also Eben ha-'Ezer, 63, and Yoreh De'ah, 193.
[18] But she had in fact not yet seen blood; that is,
she had the maturity for it, but the maturity had not
yet manifested itself. A girl has reached the period of
maidenhood (puberty) when she is twelve years and one
day old. When she is twelve and a half years old she has
reached the state of bogereth, (v. Glos.), full
maturity, womanhood. V. infra 39a.
[19] He may repeat the intercourse during the first
night.
[20] Mishnah in Nid. 64b”
[44]
Babylonian Talmud: Tractate Yebamoth 60b
"It was taught: R. Simeon b. Yohai stated: A proselyte
who is under the age of three years and one day is
permitted to marry a priest, for it is said, But all the
women children that have not known man by lying with
him, keep alive for yourselves, and Phinehas surely was
with them. And the Rabbis? — [These were kept alive] as
bondmen and bondwomen. If so, a proselyte whose age is
three years and one day should also be permitted!"
[46]
Babylonian Talmud: Tractate Kethuboth, Folio 47a
Whence is it deduced that a daughter's handiwork belongs
to her father? — (From Scripture) where it is stated,
And if a man sell his daughter to be a maidservant,[2]
as the handiwork of a maidservant belongs to her master
so does the handiwork of a daughter belong to her
father...It is but logical to assume that it should
belong to her father; for should it be imagined that her
handiwork does not belong to him [the objection could
well be advanced against] the right6 which the
All-Merciful has conferred upon a father to consign his
daughter to the bridal chamber...— (The fact), however,
(is that in the case of) a minor no Scriptural text was
necessary.[12] For since [13] is he may even sell her
was it at all necessary (to state that her handiwork
belongs to him)?[14]
[2] Ex. XXI, 7
[12] To confer upon her father the right to her
handiwork.
[13] Lit., 'now'.
[14] Obviously not.
[47]
Babylonian Talmud, Tractate Sanhedrin 54b
“Rab said: Pederasty with a child below nine years of
age is not deemed as pederasty with a child above that.
Samuel said: Pederasty with a child below three years is
not treated as with a child above that.[24] What is the
basis of their dispute? — Rab maintains that only he who
is able to engage in sexual intercourse, may, as the
passive subject of pederasty throw guilt [upon the
active offender]
[24] (rabbi scholar footnote) I.e. Rab makes nine years
the minimum; but if one committed sodomy with a child of
lesser age, no guilt is incurred. Samuel makes three the
minimum.”
[48]
Babylonian Talmud, Tractate Sanhedrin 55a
“[he] who commits bestiality, whether naturally or
unnaturally; or a woman who causes herself to be
bestially abused, whether naturally or unnaturally, is
liable to punishment.[1]
[1] There are thus three distinct clauses in this
Baraitha. The first — a male aged nine years and a day —
refers to the passive subject of pederasty, the
punishment being incurred by the adult offender. This
must be its meaning — because firstly, the active
offender is never explicitly designated as a male, it
being understood, just as the Bible states, Thou shalt
not lie with mankind, where only the sex of the passive
participant is mentioned; and secondly, if the age
reference is to the active party, the guilt being
incurred by the passive adult party, why single out
pederasty: in all crimes of incest, the passive adult
does not incur guilt unless the other party is at least
nine years and a day? Hence the Baraitha supports Rab's
contention that nine years (and a day) is the minimum
age of the passive partner for the adult to be liable.”
[49]
Babylonian Talmud: Tractate Sanhedrin 69b
“Our Rabbis taught: If a woman sported lewdly with her
young son [a minor], and he committed the first stage of
cohabitation with her, — Beth Shammai say, he thereby
renders her unfit to the priesthood.[4] Beth Hillel
declare her fit. R. Hiyya the son of Rabbah b. Nahmani
said in R. Hisda's name; others state, R. Hisda said in
Ze'iri's name: All agree that the connection of a boy
aged nine years and a day is a real connection; whilst
that of one less than eight years is not:[5] their
dispute refers only to one who is eight years old,...
[4] I.e., she becomes a harlot, whom a priest may not
marry (Lev. XXI, 7).
[5] So that if he was nine years and a day or more, Beth
Hillel agree that she is invalidated from the
priesthood; whilst if he was less than eight, Beth
Shammai agree that she is not.”
[50]
King James Version Bible, Deuteronomy 22:13-18
[13] If any man take a wife, and go in unto her, and
hate her,
[14] And give occasions of speech against her, and bring
up an evil name upon her, and say, I took this woman,
and when I came to her, I found her not a maid:
[15] Then shall the father of the damsel, and her
mother, take and bring forth the tokens of the damsel's
virginity unto the elders of the city in the gate:
[16] And the damsel's father shall say unto the elders,
I gave my daughter unto this man to wife, and he hateth
her;
[17] And, lo, he hath given occasions of speech against
her, saying, I found not thy daughter a maid; and yet
these are the tokens of my daughter's virginity. And
they shall spread the cloth before the elders of the
city.
[18] And the elders of that city shall take that man and
chastise him;
[51]
“A Comparison Between the Roman and Modern Views of
Homosexuality” Nathanael Blake, Oregon State University
"The upper classes were much more likely to indulge in
homosexual acts, and masters had the sexual use of their
slaves...The measure of sexual manhood was to penetrate,
while to be penetrated was regarded as effeminizing.
The first was seen as an assertion of dominance, the
latter as a degrading submission...Despite the
temptation, Rome never seems to have adopted pedastry as
an accepted part of its bisexual repertoire. In
contrast to Greece, where the sexual apprenticeship of
adolescent males by their elders was a regular part of
life, the Romans decided against the use of their sons
in such a manner."
[55]
Babylonian Talmud: Tractate Gittin, Folio 21a
Or if you prefer, I can reply that we find cases where
an agent for receiving [the Get is also appointed]
without the consent [of the wife], since a father can
accept a Get for his daughter who is still a child [14]
without her consent.
[14] I.e., under twelve years of age, v. Keth. 47a.
[56]
"Protection, Harm and Social Evil: the Age of Consent
since 1885", D'Cruz, Evil, Law and the State Conference,
July 2004
“When Victoria came to the throne, the age of consent
for girls was effectively 10. The 1861 Offences against
the Person Act was a major consolidating statute...In
enacting that it was ‘no offence to have sexual
intercourse with a girl under 12 who ‘freely consented’
however ignorant’, the 1861 Act maintained the age of
consent at 10, two years before the age of valid
marriage. Consent (from a 10 year old) thus negatived
violence...These laws implicitly acknowledged
prostitution as a necessary outlet for the sexual
imperatives of [initially, though of course not
exclusively] the military – a potentially disorderly
male population with a significant working-class
component. The furore about child prostitution of the
1880s however, had as its legislative outcome in the
Criminal Law Amendment Act of 1885, a raising of the age
of consent to 16.”
[57]
The Progressive Era's Health Reform Movement: A
Historical Dictionary By Ruth Clifford Engs, p.4
"American age-of-consent laws gained attention in 1885
when a sensational British report by William Stead on
forced prostitution resulted in the age of consent being
raised in that country...As a result of this public
pressure, many states between 1887 and 1893 raised their
age of consent from ten to at least fourteen years of
age; Congress in 1880 passed legislation raising the age
from ten to sixteen years in Washington D.C....By 1900,
thirty-two states had raised the age of consent to
sixteen or eighteen...Age-of-consent agitation spanned
more than fifteen years..."
[58]
“Homosexuality and Child Sexual Abuse: Science,
Religion, and the Slippery Slope”, Mark E. Pietrzyk
“As of 1886, twenty-five of the American states,
following earlier English law, had an age of consent of
ten years; four states, following Christian canon law on
marriage, had an age of consent of twelve; Delaware,
following Christian canon law on the age of discretion,
set its age of consent at seven.”
[59]
"The Crazy-Quilt of Our Age of Consent Laws", Jonathan
Dolhenty, Ph.D.
“The common law, from which America gets much of its
precedents in the legal field, set the age of consent at
age ten. In other words, participating in sexual
activity with someone above the age of ten did not
result in the crime of "statutory" rape or child
molesting. The activity may have come under other
statutory or informal social regulations, but anyone
over the age of ten could consent to a sexual activity.
During the latter part of the last century and the early
part of the present one, attitudes towards sexual
activity began to change in America and so did attitudes
toward the age of consent. California was one of the
first states to raise the age of consent. It raised it
from ten to fourteen in 1889 and then from fourteen to
sixteen in 1897. Then, in 1913, California again raised
it from sixteen to eighteen.”
[60]
http://en.wikipedia.org/wiki/Age_of_consent#_ref-waites_3
“ages from 10 to 13 were typically acceptable in western
countries during the mid-19th century
source: Waites, Matthew (2005) The Age of Consent: Young
People, Sexuality and Citizenship, (New York States and
Houndmills, Basingstoke Kingdom: Palgrave Macmillan)
ISBN 1-4039-2173-3”
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