Aisha: Do 9-year-olds Become Women?
Table of Contents
In this post I will be sharing the response fromIslamWeb.net (https://islamweb.net/ar/; https://islamweb.net/en/). where they refute the narration attributed to Aisha who supposedly said that a girl who reaches the age of nine is a woman. The sources prove that Aisha was still a premature, prepubescent minor when Muhammad married her and did not reach puberty until she was 14 years old, some five years after she had been deflowered by a 54-year-old man, old enough to be her grandfather!
Question
What is the meaning and significance of the statement of Lady Aisha (If a girl reaches nine years of age, then she is a woman) and what are the resulting legal rulings?
Answer
Now then:
To begin, we note that we did not find this narration attributed to the Mother of the Believers, Aisha, with a chain of transmission. Rather, it was mentioned by al-Tirmidhi and al-Bayhaqi in their Sunan collections without a chain of transmission. Ibn Qudamah and others attributed it to Imam Ahmad, but we did not find it in any of his printed books.
Ibn al-Jawzi said in his Tahqiq fi Masa'il al-Khilaf (Investigation into Matters of Disagreement): "The issue is whether the permission of a girl who has reached nine years of age is valid for marriage, contrary to the opinion of most scholars." He then cited a hadith from Ibn Umar, traced back to the Prophet: "When a girl reaches nine years of age, she is a woman." He said: "Its chain of transmission contains unknown narrators, including Abd al-Malik. Abu Ahmad ibn Adi said: 'He is unknown and unrecognized.'"
Ibn Abd al-Hadi said in Tanqih al-Tahqiq (Refinement of Investigation): "This Abd al-Malik is Abu Hashim al-Riqa'i (with a qaf). He narrates objectionable hadiths, and Muhammad ibn Ismail al-Sulami did not meet him; rather, something is missing between them.
The well-known narration is that which al-Bukhari mentioned on the authority of Aisha, that she said: 'When a girl reaches nine years of age, she is a woman.'" Imam Ahmad narrated it with his chain of transmission from her. The editors of the book al-Tanqih said: “We did not find it in any of the works of Imam Ahmad or al-Bukhari that we have.” Al-Albani said in al-Irwa’: “It was narrated by al-Tirmidhi and al-Bayhaqi as a suspended narration without a chain of transmission…” Then he cited the hadith of Ibn Umar with a chain of transmission and deemed it weak. As for the meaning and implications of this narration, one can refer to fatwa number 196965.
Regarding the related legal rulings, there are several issues, including what al-Bayhaqi titled in his Sunan: “Chapter on the age at which a woman is found to have menstruated.” This means that nine is the minimum age at which a woman can menstruate. Therefore, if she sees blood before that, it is irregular bleeding, not menstruation. That is why al-Bayhaqi said after citing the narration of Aisha: “She means—and God knows best—that if she menstruates, then she is a woman.” Thus, it is known that a girl reaching the age of nine does not necessarily mean she has reached the age of religious obligation unless she menstruates. If she sees blood at this age, it is considered menstruation, and therefore she is judged to have reached puberty. Ibn Qudamah said in al-Mughni: “The minimum age for a girl to reach puberty is nine years, and that is the minimum age at which she menstruates.”
It has been narrated from Aisha that she said: “When a girl reaches nine years of age, she is a woman.” This was also narrated as a hadith traced back to the Prophet. The intended meaning is that she is considered a woman, and this is the opinion of al-Shafi’i… Therefore, if a nine-year-old girl sees blood, she should refrain from prayer because she saw it at a time suitable for menstruation. If it continues for a day and a night, it is menstruation, which establishes her puberty, and all the rulings pertaining to menstruation apply. If it stops before that, it is irregular bleeding, and none of the aforementioned rulings apply. If she sees blood before the age of nine, it is irregular bleeding in all cases because it cannot be considered menstruation.
Among the rulings derived from this narration is what al-Tirmidhi mentioned for its sake, which is the issue of an orphan girl who has reached the age of nine. Can someone other than her father or grandfather marry her off without her permission? And is her consent required?
According to Ahmad and Ishaq: Tirmidhi narrated a hadith from Abu Hurayrah, attributed to the Prophet: “The orphan girl is consulted regarding herself. If she remains silent, that is her consent; if she refuses, then it is not binding upon her.” This means if she reaches puberty and is rejected. At-Tirmidhi said: “This is a sound hadith.”
Scholars differed regarding the marriage of an orphan girl. Some scholars held that if an orphan girl is married, the marriage is suspended until she reaches puberty. Once she reaches puberty, she has the option to either approve or annul the marriage. This was the opinion of some of the Tabi’in (Successors) and others. Others said: “It is not permissible to marry an orphan girl until she reaches puberty, and there is no option to annul the marriage.” This was the opinion of Sufyan ath-Thawri, ash-Shafi’i, and others. Ahmad and Ishaq said: “If an orphan girl reaches nine years of age and is married and consents, the marriage is valid, and she has no option to annul it once she reaches puberty.” They cited as evidence the hadith of Aisha that the Prophet consummated his marriage with her when she was nine years old.
Aisha said: “When a girl reaches nine years of age, she is a woman.” Al-Baghawi said in (Sharh al-Sunnah): The scholars agreed that it is permissible for the father and grandfather to marry off a young virgin, based on the hadith of Aisha that the Prophet married her when she was seven years old. They differed regarding an orphan girl if someone other than the father or grandfather marries her off. A group held that the marriage is valid, and she has the option, when she reaches puberty, to annul or uphold the marriage. This is the opinion of the Hanafi school. Another group held that the marriage is invalid. This is the opinion of al-Shafi’i. He argued that when the Prophet said: “The orphan girl is to be consulted,” and the orphan girl is a young girl who has no father. Before puberty, her permission is meaningless, and her refusal is irrelevant. So it is as if he stipulated her reaching puberty, and its meaning is: she is not to be married until she reaches puberty and is consulted. Ahmad held that if the orphan girl reaches nine years of age, it is permissible for someone other than the father or grandfather to marry her off with her consent, and she has no option. Perhaps he said that because he knew that many Arab women reach puberty when they reach this age.
Aisha said: “When a girl reaches nine years of age, she is a woman.” And Ibn Qudamah said in (Al-Mughni): If a girl reaches nine years of age, there are two narrations regarding her; one of them is that she is like one who has not reached nine, as stated in the narration of Al-Athram. This is the opinion of Malik, Al-Shafi’i, Abu Hanifa and all the jurists, who said: The ruling for a nine-year-old girl is the same as the ruling for an eight-year-old girl, because she is not yet an adult, and because her permission is not considered in other transactions, so likewise in marriage. The second narration is that her ruling is the same as that of an adult, as stated in the narration of Ibn Mansur. The verse's meaning, and the general implication of the hadith, is that an orphan girl may be married with her permission, and if she refuses, she is not permitted to marry. Since permission is not required for those younger than that, it must be interpreted as referring to a girl who has reached nine years of age. Imam Ahmad narrated with his chain of transmission from Aisha that she said: "When a girl reaches nine years of age, she is a woman." The judge also narrated it with his chain of transmission from Ibn Umar, on the authority of the Prophet. Its meaning is: she is considered a woman. This is because she has reached an age where menstruation is possible and she has the need for marriage, so it is permissible to marry her off like a mature woman. Therefore, if she is married off and then reaches puberty, she has no choice, just as a mature woman has no choice when she is married off. End quote.
Among these rulings is also the issue of the age at which a girl is considered a woman in terms of the shroud. Ibn Qudamah said in al-Mughni: The narration from Ahmad differs regarding the age at which a girl is considered a woman in terms of her shroud. It is narrated from him that she is considered a woman when she reaches puberty. This is the apparent meaning of his words in the narration of al-Marwazi, based on the Prophet's saying: "Allah does not accept the prayer of a menstruating woman unless she is wearing a head covering." The implication is that other women do not need a head covering for their prayers, and likewise for their shrouds. Furthermore, Ibn Sirin shrouded his daughter, who was approaching menstruation, without a head covering. Most of Ahmad's companions narrated that if she is nine years old, she is treated as a woman. They cited the hadith of Aisha that the Prophet consummated his marriage with her when she was nine years old. It is also narrated from her that she said: "When a girl reaches nine years of age, she is considered a woman."
And Allah knows best. (If a girl reaches nine years of age, she is considered a woman... rulings and implications: http://www.islamweb.net/ar/fatwa/304018)
And:
Question
I have a question; I mean, I'm confused about something.
Did the Prophet marry Aisha when she was a minor or an adult?
If she was an adult, she narrated a hadith in which she said that she used to play with dolls, and the Prophet did not forbid her. She said that the incident with the dolls occurred either during the Battle of Khaybar—when she was 14—or the Battle of Tabuk—when she was 16.
So, my question is: why do scholars say—based on this hadith—that playing with dolls or watching cartoons is only for young children, and some even restrict it to young girls, when she was an adult, not a child, yet the Prophet, peace and blessings be upon him, allowed her to play with dolls?
And is the age of adolescence, whether 14 or 16, considered a young girl, especially in their time?
If she was not an adult, then did the Prophet marry a minor who had not yet reached puberty?
Please help me, I urgently need an answer now.
May God reward you.
Answer
Now then:
The Prophet married Aisha after she had reached the age of maturity and was capable of bearing the responsibilities of marriage. At that time, she was nine years old. She narrated the story of that, saying: “My mother, Umm Ruman, came to me while I was on a swing with some of my friends. She called out to me, so I went to her, not knowing what she wanted. She took my hand and led me to the door of the house. I was panting until I caught my breath. Then she took some water and wiped my face and head with it. Then she took me into the house, and there were some women from the Ansar in the house. They said: ‘May it be for good and blessings, and may it be a good omen.’ So she entrusted me to them, and they took care of me. Then, suddenly, the Messenger of God came to me in the morning, and she entrusted me to him. I was nine years old at that time.” Narrated by Al-Bukhari and Muslim.
This indicates her young age and THAT SHE HAD NOT YET REACHED PUBERTY. She was playing on a swing with her friends on the day she was married, yet she had reached the age of womanhood in terms of her suitability for marriage and its responsibilities. Therefore, she said: “When a girl reaches nine years of age, she is a woman.” This was mentioned by al-Tirmidhi in his Sunan. THIS DOES NOT MEAN THAT SHE HAD REACHED PUBERTY and become obligated to perform religious duties, but rather that she was generally ready for marriage, and thus she would be subject to the rulings of a woman in these matters and related issues.
Al-Mubarakfuri said in Tuhfat al-Ahwadhi: “It seems that Aisha meant that if a girl reaches nine years of age, she is considered a mature woman, because at that time she acquires the capacity to discern what is beneficial and harmful to her, such as awareness and discernment.” Sheikh Dr. Abdul Karim al-Khudair said in his commentary on al-Muwatta: “In their understanding, the term ‘woman’ is not limited to one who is legally responsible; rather, if a girl reaches nine years of age, she is considered a woman.” Therefore, scholars cite the Prophet’s marriage to Aisha and his consummation of the marriage at this age as evidence for the issue of marrying a young girl.
Al-Mardawi said in (Al-Insaf): A virgin who is nine years old or older, up to the point of puberty: He may marry her off without her permission, according to the correct view of the school of thought, and this is the view of the majority of the companions. End quote.
For further details, please refer to Fatwa No. 195133. There you will find the answer to your question: "Did the Prophet marry a minor who had not yet reached puberty?" Aisha remained with the Prophet for a period that may have reached five years WHILE SHE WAS STILL A MINOR. In the two Sahihs (Bukhari and Muslim), it is narrated on the authority of Aisha that she said: " I used to play with dolls in the presence of the Prophet, and I had friends who played with me. When the Messenger of Allah entered, they would hide from him, but he would send them to me so they could play with me." Al-Ayni said in 'Umdat al-Qari: "This corresponds to the chapter heading in that the Messenger of Allah was very friendly with Aisha, as he was pleased with her playing with dolls and would send her friends to play with her. Aisha was not yet a minor at that time, so this was permitted for her. The prohibition applies to those who have reached puberty." She remained in this situation until the Battle of Khaybar, according to the most reliable opinion. Al-Hafiz Ibn Hajar said in Fath al-Bari: Abu Dawud and An-Nasa'i narrated from another chain of transmission on the authority of Aisha, who said: The Messenger of Allah returned from the expedition of Tabuk or Khaybar. He then mentioned the hadith about him tearing down the curtain that she had hung at her door. She said: He lifted a corner of the curtain to reveal some dolls belonging to Aisha. He said: "What are these, Aisha?" She said: "My dolls..." and then he mentioned the hadith. He said: This is clear in that what is meant by "dolls" are non-human beings. Al-Khattabi said: ... He only permitted Aisha to have them because she was not yet of age at that time. End quote. I say: There is room for doubt regarding this definitive statement, but it is plausible, because Aisha was fourteen years old at the time of the expedition of Khaybar, either having completed it, passed it, or was close to it. As for the expedition of Tabuk, she had certainly reached puberty. Therefore, the narration that says "at Khaybar" is more likely, and it can be reconciled with what Al-Khattabi said, because that is preferable to the apparent contradiction. End quote.
This preference provides an answer to the questioner, as Lady Aisha HAD NOT YET REACHED PUBERTY AT THAT TIME.
Al-Bayhaqi said in his Sunan al-Kubra: “She was young at the time she was given in marriage to the Prophet, and she had toys with her… and NONE OF THE NARRATIONS STATE THAT SHE HAD REACHED WOMANHOOD AT THE TIME OF HER MARRIAGE. It is possible that her preoccupation with her toys and the Prophet’s approval of this continued until she reached puberty, and God knows best.” Abu Ubayd interpreted it this way, saying: “The only reason for this, in our view, is that it is a pastime for children. If it were for adults, it would be disliked.”
Therefore, Ibn Hibban included it in his Sahih under the chapter heading: “Mention of the permissibility of a woman playing with toys if she has a husband and is not yet of age.” He also included the hadith about the Battle of Khaybar under the chapter heading: “Mention of the permissibility for young girls to play with toys, even if they have images.” Abu Nu’aym included the hadith about Aisha playing with dolls in his Mustakhraj on Sahih Muslim under the chapter heading: “Marrying off young girls.” Al-Baghawi did the same in his Sharh al-Sunnah.
We have already explained that the exception to the prohibition of possessing three-dimensional images applies specifically to young girls. See the following two fatwas: 167825 , 167825.
And God knows best. (The Prophet built a house with Aisha and she played with toys: https://www.islamweb.net/ar/fatwa/196965/%D8%A8%D9%86%D8%A7%D8%A1-%D8%A7%D9%84%D9%86%D8%A8%D9%8A-%D8%A8%D8%B9%D8%A7%D8%A6%D8%B4%D8%A9-%D9%88%D9%84%D8%B9%D8%A8%D9%87%D8%A7-%D8%A8%D8%A7%D9%84%D9%84%D8%B9%D8%A8)
Further Reading
Revisiting the Age of Aisha Pt. 2
Is there a set age for marriage in Islam?
Islam – The Religion of Pedophilia
Answering Islam – Sam Shamoun Theology Newsletter
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