Why are scholars using a baby as an example when discussing istibra?
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I have come across istibra being discussed for literal infants or “girls in cradles”. Isnt this abnormal or considered a path to harm or harm? I know the quran mentions iddah for ones who have not menstruated but i assumed its still talking about someone with physical capacity or at least close to puberty. I know that physical capacity is what permits intercourse according to islamic law but what about acts short of intercourse isnt capacity still important.
I have seen another passage of istibra being discussed again for girls 6-7,there is no awrah for children until 7 years because they are not even perceived that way, were scholars permitting this at any age even infancy? Was phycological harm not considered for concubines?
2. The Case of Young Girls
Regarding a young girl who is too young for intercourse: Is istibra mandatory for her? There are two scholarly views (wajhan):
The First View (Mandatory): It is obligatory. This is the apparent meaning of the Imam’s (Ahmad bin Hanbal) words in most narrations. He stated that she must undergo istibra even if she is "in the cradle," and physical contact with her is forbidden just as it is with an adult woman.
Reasoning: Just as 'iddah (the waiting period after divorce/death) is mandatory for a child, istibra follows the same logic.
https://www.islamweb.net/ar/library/content/96/2479/%D8%A7%D9%84%D9%85%D9%88%D8%B6%D8%B9-%D8%A7%D9%84%D8%A3%D9%88%D9%84-%D8%A5%D8%B0%D8%A7-%D9%85%D9%84%D9%83-%D8%A3%D9%85%D8%A9-%D9%84%D8%A7-%D9%8A%D8%AD%D9%84-%D9%84%D9%87-%D9%88%D8%B7%D8%A6%D9%87%D8%A7?utm_source=chatgpt.com
Asked by Eve
(9 rep)
Apr 9, 2026, 03:48 AM
Last activity: Apr 9, 2026, 03:54 AM
Last activity: Apr 9, 2026, 03:54 AM