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Morality of Marrying Aisha at an Early Age

 

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12/15/10

 

Bismillaah al Rahmaan Al Raheem

When "attacks" against Islam are examined rationally, it comes out ON EACH ISSUE
that Islam should be the accusing party indeed, not the other way around.

"Of all the world's great men, none has been so much maligned* as Muhammad."

W. Montgomery Watt, Muhammad at Medina,  Oxford University Press, 1956.
* ma-lign: v.t. to speak harmful untruths about... (R. H. Webster's).

Introduction | The Answers (Summary)
False-Prophet? | Atonement | Grammatical-Mistakes | Polygamy | Early Marriage | Inconsistency | Theological-Errors | Woman's-Status | Islam and "Terrorism" | Jesus-&-Muhammad-PBUT

For Comments or questions, click here

 

ISLAM ANSWERS - EARLY MARRIAGE Part 2
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LIES ABOUT PROPHET MUHAMMAD & AISHA Part 2

Several lies have been invented recently against Islam regarding Prophet Muhammads 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 Aishas 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 Prophets 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 Bakrs question to Khawla Is she good for him? She is his brothers 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 Aishas previous fianc.

         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 Bakrs compassion for his daughters 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 Aishas 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 Aishas 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 Islams 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: Wouldnt 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 Bakrs 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 brothers 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.

: : : : : : : : : : : : : : : : ...
:    ...   : ... : ... ... .

[2]  Al Isabah by Ibn Hajar, Al Bidayah wal Nihayah by Ibn Kathir
The Prophet PBUH pained for Khadijahs (death) to the point they feared for him (to die), until he married Aisha.

[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.
:
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[4]  Tafseer Al Qurtubi
"
Abu Bakr al Siddiq was called the weeper (alawah) for his compassion and kindness."
:
... .

[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'."

: ... ( ): ...
... ( ): ...

[6]  The Explanation of Riyadh al Saliheen
"Ibn Alan said: 'So if the merciful (shafiq) father fears harm for his child after him"

... ...

[7]  Al Tabari, "Al Tareikh"
"The action of the merciful (shafiq) father with his son, and the loving leader with his followers"
"":
... ...

[8]  Al Suyuti, Al La-ale Al Masnua
"Just as the merciful (shafiq) father cares for goodness towards his child"

...  ...

[9]  Ibn Taymiya, Al Fatawa al Kubra
"Just like the father constrains his child to what is better for him"

...  ...

[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."

 

[12]  AbdulRazzaq, al Musannaf
"citing  Maymoonah, the Prophets 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)
.
: .

[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.
" ǡ ".

[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.
: ( : - -).  ( ): . : ... : . ... : ѡ .

[15]  Fathul Bari, The Explanation of Sahih Bukhari, Ibn Hajar
Abu Dawud and Nasaii related that Aisha said: Allahs 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)
2.09

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[16]  "Perfect Little Girls' Dolls", Temporary Exhibit, 2007 & 2008
"The museums 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 mach, than bisque, composition, cellulod, cloth or plastic. As the materials changed due to technical advances so did the dolls morphologies in order to adapt to childrens 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, layettesalso helped to teach these skills.

[17]  "Voices from the Past", Jay Teague, 2005 July, Houston Teachers Institute
Dolls were not strictly limited to children alone. Examples of female adults carrying or possessing dolls are also noted during the medieval period. Children also must have played with whatever was at hand.

[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."

[19]  "Yes, Polish Women are Good Wives and Mothers", PolishMarriage.org & Gosia & Robert
"Most, if not all, Polish girls prepare early for their roles of wives and mothers, dressing up, playing with dolls, kitchen utensils, etc."

[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 Allahs 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)
ɡ . . .
ѡ ȡ ޡ . ǡ ...

[22]  Al Isabah, by Ibn Hajar
Safiyyah daughter of Huyayy Ibn Akhtabshe was  married to Salam son of Mishkim...Then Kinaanah son of Haqeeq succeeded him as her husbandthat 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 Nasaai; Al Tirmithi said: Good Hadeeth.

[24]  Explanation of Muslim by Imam Nawawi, Book of Marriage, Hadeeth 75, Vol 9, p.207
Aisha said: Allahs 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 females) 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)

: - - : ( - - ).
:
: - - (/: 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.
:
ǡ ɡ
: .

[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)
:
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[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.
... - - - -: " ". : : . - -: " ".

[28]  Fath ul Bari (The Explanation of Sahih Bukhari), Ibn Hajar
Ibn Sad narratedthat Al Niman ibn abi al Jawn the Kindi, came to the Prophet and said: O Prophet of Allah, shouldnt 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.
:
( ) " : ȡ ߿ : . : .
(
)
: ( ) : : " "

[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 Shariah 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 Maaalim:
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).
:
: ʡ ѡ .

[31]  al Isabah fi Tamyeez al Sahabah (The correct differentiation between the Companions, Ibn Hajar
Ibn Sad 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.
(  ) :
: :

[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.

( : ) : ɡ { }
  .

[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

{ } ֡
:
 ( ) ( 49)
  .

[35]  { ...} {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 guardians 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).
: . ӡ 

[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.
:
ǡ ɡ
: .

[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."

[41]  Insiders or outsiders: women and rabbinic literature, Judaism, Summer-Fall, 2003, Dvora Weisberg
"A girl who is three years and one day old may be betrothed through sexual intercourse...(Mishnah Niddah 5:4)"

[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!"

[45]  "Child-Exposure in the Roman Empire", W. V. Harris, The Journal of Roman Studies, Vol. 84, 1994 (1994), pp. 1-22
Disapproval of exposure seems slowly to have gained ground. Then, after the sale of infants was authorized by Constantine in A.D. 313, the need for child-exposure somewhat diminished.

[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."

[52]  "Growing Up Sexually, Europe, Historical Generalia", Janssen, D. F. (Oct., 2002). Growing Up Sexually. Volume I: World Reference Atlas
A small Roman elite adopted at least the narrative of Greek pederasty, but the general attitude was a negative one; boy prostitutes were probably slaves...The common notion that [buggery of boys in Greece / Rome] occurred only at "adolescence" is quite mistaken. It began around age seven, continued for several years and ended by puberty

[53]  "History of Marriage in Western Civilization", Magnus Hirshfeld Archive for Sexology
Marriage in Ancient Greece and Rome...For their erotic needs, men often turned to prostitutes and concubines. As Demosthenes, the orator, explained it: 'We have prostitutes for our pleasure, concubines for our health, and wives to bear us lawful offspring'.

[54]  Child sexual abuse: historical cases in the Byzantine Empire (3241453 A.D.), John Lascaratos & Effie Poulakou-Rebelakou
Furthermore, cases of child prostitution, pederasty, and incest are included in the historical texts and some contemporary authors confirmed the presence of many such cases in all classes of Byzantine society... The research of original Byzantine literature disclosed many instances of child sexual abuse in all social classes even in the mediaeval Byzantine society which was characterized by strict legal and religious prohibitions.

[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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