Aisha's Age

of Marriage

Moe married a six year old girl, and claimed divine sanction for the act. She was still playing with dolls when he took er to bed three years later. You are about to see muttawir ahadith (from several narrators) all but one of which confirm her age as 6 years when Moe married her.

http://www.muslimaccess.com/sunnah/hadeeth/muslim/008.html#008.3309

'A'isha (Allah be pleased with her) reported: Allah's Messenger (may peace be upon him) married me when I was six years old, and I was admitted to his house at the age of nine. She further said: We went to Medina and I had an attack of fever for a month, and my hair had come down to the earlobes. Umm Ruman (my mother) came to me and I was at that time on a swing along with my playmates. She called me loudly and I went to her and I did not know what she had wanted of me. She took hold of my hand and took me to the door, and I was saying: Ha, ha (as if I was gasping), until the agitation of my heart was over. She took me to a house, where had gathered the women of the Ansar. They all blessed me and wished me good luck and said: May you have share in good. She (my mother) entrusted me to them. They washed my head and embellished me and nothing frightened me. Allah's Messenger (, may peace be upon him) came there in the morning, and I was entrusted to him.

Book 008, Number 3310:

'A'isha (Allah be pleased with her) reported: Allah's Apostle (may peace be upon him) married me when I was six years old, and I was admitted to his house when I was nine years old.

Book 008, Number 3311:

'A'isha (Allah be pleased with her) reported that Allah's Apostle (may peace be upon him) married her when she was seven years old, and he 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.

Sahih Bukhari Volume 7, Book 62, Number 64 :

Narrated 'Aisha:

that the Prophet married her when she was six years old and he consummated his marriage

when she was nine years old, and then she remained with him for nine years (i.e., till his death).

Volume 7, Book 62, Number 65:

Narrated 'Aisha:

that the Prophet married her when she was six years old and he consummated his marriage when she was nine years old. Hisham said: I have been informed that 'Aisha remained with the Prophet for nine years (i.e. till his death)." what you know of the Quran (by heart)'

Volume 7, Book 62, Number 88:

Narrated 'Ursa:

The Prophet wrote the (marriage contract) with 'Aisha while she was six years old and consummated his marriage with her while she was nine years old and she remained with him for nine years (i.e. till his death).

Volume 5, Book 58, Number 236:

Narrated Hisham's father:

Khadija died three years before the Prophet departed to Medina. He stayed there for two years or so and then he married 'Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old.

Sunan Abu Dawud Book 41, Number 4915 :

Narrated Aisha, Ummul Mu'minin:

The Apostle of Allah (peace_be_upon_him) married me when I was seven or six. When we came to Medina, some women came. according to Bishr's version: Umm Ruman came to me when I was swinging. They took me, made me prepared and decorated me. I was then brought to the Apostle of Allah (peace_be_upon_him), and he took up cohabitation with me when I was nine. She halted me at the door, and I burst into laughter.

Book 41, Number 4917:

Narrated Aisha, Ummul Mu'minin:

When we came to Medina, the women came to me when I was playing on the swing, and my hair were up to my ears. They brought me, prepared me, and decorated me. Then they brought me to the Apostle of Allah (peace_be_upon_him) and he took up cohabitation with me, when I was

nine.

Volume 9, Book 87, Number 139:

Narrated 'Aisha:

Allah's Apostle said (to me), "You were shown to me twice in (my) dream. Behold, a man was carrying you in a silken piece of cloth and said to me, "She is your wife, so uncover her,' and behold, it was you. I would then say (to myself), 'If this is from Allah, then it must happen.' "

Volume 9, Book 87, Number 140:

Narrated 'Aisha:

Allah's Apostle said to me, "You were shown to me twice (in my dream) before I married you. I saw an angel carrying you in a silken piece of cloth, and I said to him, 'Uncover (her),' and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.' Then you were shown to me, the angel carrying you in a silken piece of cloth, and I said (to him), 'Uncover (her), and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.' "

Volume 7, Book 62, Number 15:

Narrated 'Aisha:

Allah's Apostle said (to me), "You have been shown to me twice in (my) dreams. A man was carrying you in a silken cloth and said to me, 'This is your wife.' I uncovered it; and behold, it was you. I said to myself, 'If this dream is from Allah, He will cause it to come true.' "

Volume 7, Book 62, Number 57:

Narrated 'Aisha:

Allah's Apostle said (to me), "You were shown to me in a dream. An angel brought you to me, wrapped in a piece of silken cloth, and said to me, 'This is your wife.' I removed the piece of cloth from your face, and there you were. I said to myself. 'If it is from Allah, then it will surely be.' "

Volume 7, Book 62, Number 18:

Narrated 'Ursa:

The Prophet asked Abu Bakr for 'Aisha's hand in marriage. Abu Bakr said "But I am your brother." The Prophet said, "You are my brother in Allah's religion and His Book, but she (Aisha) is lawful for me to marry."

Asha's Marriage

Effect on Shari'ahWhy does Allah set forth a post divorce waiting period for girls who have not reached puberty? Iddah only applies to a consummated marriage. This ayeh assumes that Muslims will marry, have intercourse with and divorce pre-pubescent girls. I quote the Noble Qur'an trans. Hilali & Khan

65:4. And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubts (about their periods), is three months, and for those who have no courses [(i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise, except in case of death] . And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they deliver (their burdens), and whosoever fears Allâh and keeps his duty to Him, He will make his matter easy for him.

Why does Shari'ah codify provisions for divorcing pre-pubescent girls? {Reliance of the Traveller]

Chapter N9.0: A Woman's Postmarital Waiting Period (`Idda)

(O: Meaning the period in which a woman waits (N: before she may remarry) to verify that she is not pregnant, or out of mourning for her deceased husband.)

(N: If the waiting period finishes after a once-or twice-pronounced divorce, the wife is free to marry another man or to remarry the husband with a new contract-returning to the latter with the number of times left (one or two) needed to enact a threefold, finalized divorce (dis: n7.7); while if the waiting period of a less-than-thrice-pronounced divorce has not yet expired, the husband may take her back (def: n7) without a new contract.)

(n: The husband's obligation to support her during the waiting period is discussed at m11.10 above.)

N9.1

There is no waiting period for a woman divorced before having had sexual intercourse with her husband.

N9.2

A waiting period is obligatory for a woman divorced after intercourse, whether the husband and wife are prepubescent, have reached puberty, or one has and the other has not.

Intercourse means copulation (def: n7.7). If the husband was alone with her but did not copulate with her, and then divorced her, there is no waiting period.

Yes, it is in Hedaya as well, Volume `, page 128, column 2.

{Beware of possible OCR errors in Hedaya quotes, my vision is not sharp enough.Note archaic language & typeface!! Edit really is the word!}

And of one not subject to courses, threemonths; and of one who is pregnont, theterm of her travail.-THE Edit of a Womanwho, on amount of extreme youth or age,is not subject to the menstrual discharge,is three months, because God has so ordainedin the sacred writings.-The Edit of a preg-nant woman is accomplished by her dehvery,whether she be a slave or fre, because God,in the sacred writings, has so ordained re-specting woman in that situatan.

http://ia700300.us.archive.org/30/items/hedayaorguide029357mbp/hedayaorguide029357mbp.pdf#page=187

It is obvious that those provisions flow directly from Moe's marriage to Aisha because his sunna is half of Shari'ah.

Why does Islamic law set provide for a father to marry off his pre-pubescent daughter without her consent?

m3.13 Guardians are of two types, those whomay compel their female charges to marry someone,and those who may not.(1) The only guardians who may compeltheir charge to marry are a virgin bride's father orfather's father, compel meaning to marry her to asuitable match (def: m4) without her consent.(2) Those who may not compel her are notentitled to marry her to someone unless sheaccepts and gives her permission.Whenever the bride is a virgin, the father orfather's father may marry her to someone withouther permission, though it is recommended to askher permission if she has reached puberty. A virgin'ssilence is considered as permission.As for the nonvirgin of sound mind, no onemay marry her to another after she has reachedpuberty without her express permission, no matterwhether the guardian is the father, father'sfather, or someone else.

Risaala differs slightly.

32.2a. A father arranging the marriage of a virgin daughterA father can arrange the marriage of his virgin daughter without her permission even if she isbeyond the age of puberty. It is up to him whether he consults her or not.[To whomever he wants for the dowry he wishes, even for less than a suitable dowry. He can give herchoice, and it states in al-Jawahir and elsewhere that it is recommended that he ask her permission.]

http://www.baytulislam.org/Documents/fiqh/imammalik/The-Risala-A-Treatise-on-Maliki-Fiqh.pdf#page=302

Hedaya is not so direct, it discusses the case of the adult daughter, touching this issue tangentially.

An adult virgin cannot be married againsther will.-IT is not lawful for a guardian toforce into marriage an adult virgin againsther consent.-This is contrary to thedoctrine of Shafei, who accountis an adult virginthe same as an infant, with respeet to mar·riage, since the former cannot be acquainttedwith the nature of marriage any more thanthe latter, as being equally uninformed withrespect to the matrimonial state whence itis that the father of such an one is em-powered to make seizin of her dower withouther consent.-The argument of our doctoris that the woman, in this case, is free anda Mokhatiba (that is, subject to all the obli-gatory observances of the law, such as fastiing, prayer, and so forth), wherefore no perison is endowed with any absolute authorityof guardianship over her : contrary to thecase of infants, over whom others are needs·sarily endowed with this authority, theunderstanding of such being defective,whereas that of an adult is held complete,in consequence of her having attained to

years of discretion ; for, if it were otherwise,she would not be subject to the ...

http://ia700300.us.archive.org/30/items/hedayaorguide029357mbp/hedayaorguide029357mbp.pdf#page=93