Hadith 3436

(1) The statement: “When the children among you reach puberty, etc.” means when they become mature through wet dreams, let them seek permission as those before them sought permission, meaning as those who reached puberty before them, i.e., men, sought permission, or as those mentioned earlier in the previous verse sought permission. This means they must seek permission at all times, just as other men are required to do, because the exemption for certain times, which is during childhood, has ended, and the additional condition, which is puberty, has been met. Puberty is specified by wet dreams because it is the most evident sign, although in reality, it is not limited to it; it can also occur through age or other means. Thus, it is stated in Al-Ahmadiyya Tafsirs.

(2) The statement: “There is no orphanhood after wet dreams” clarifies the limit of a child’s maturity. In detail, a boy reaches maturity through one of three things: wet dreams, impregnation, or ejaculation, as these are signs of puberty, and this is by consensus. As for wet dreams, it is due to his (ﷺ) saying: “There is no orphanhood after wet dreams.” As for ejaculation, it is the primary sign by any cause, because wet dreams are only considered with it, and impregnation cannot occur without it. If none of these signs are present, his maturity is deferred until he completes eighteen years. A girl reaches maturity through one of three things: menstruation, wet dreams, or pregnancy. Menstruation is a sign because it typically occurs at the time of potential pregnancy, so it is considered a sign of puberty. Pregnancy is a sign because it indicates ejaculation, as a child is created from the water of the man and the woman. Ejaculation is not mentioned among the signs of a girl’s maturity because it is rarely known, unlike with a boy. If none of these signs are present, her maturity is deferred until she completes seventeen years, because a girl matures faster than a boy, so it is reduced by one year due to her temperament aligning with one of the four seasons. The ruling on maturity for both men and women is set at fifteen years, according to the two [Abu Hanifah and his students], the three [Malik, Shafi‘i, and Ahmad], and a narration from Abu Hanifah (may Allah be pleased with him), based on what was narrated from Ibn Umar (may Allah be pleased with him), who said: “I was presented to the Messenger of Allah (ﷺ) on the day of Uhud when I was fourteen years old, and he did not permit me. Then I was presented to him on the day of Khandaq when I was fifteen years old, and he permitted me.” It appears that the refusal was due to not having reached puberty, and the permission was due to reaching puberty, as it is the common and predominant case. The signs usually appear during this period, so the duration is taken as a sign for those who do not show the signs. The minimum age for puberty for a boy is twelve years, and for a girl, nine years, meaning the earliest time for a boy’s puberty, according to us, is the completion of twelve years, and for a girl, nine years, as they may exhibit signs of puberty at this age. If they claim puberty at this age, it is accepted, but not below that, as the apparent situation contradicts it. The specification of wet dreams and the like indicates that the growth of pubic hair is not considered, though Shafi‘i held this view, citing that the Prophet (ﷺ) ordered regarding the killing of Qurayzah to check: whoever had pubic hair was killed, and whoever did not was spared. The response is that he only ordered this there because there was no other way to determine their status, as they would not truthfully answer about their ages if asked, especially since the truth could lead to their killing, as the mature are killed and others spared. There was no way to know about their wet dreams except through their statements, so only the observation of pubic hair remained, which is a majority-based ruling, and knowledge was based on it, though it is not among the definitive proofs. Looking at it was permitted due to legal necessity. As for Ibn Umar’s case, puberty was not determined there except by age, because knowledge of puberty through wet dreams was only possible if he had a wife to be intimate with. If he had no wife or slave girl, it was not possible to ascertain through impregnation, and wet dreams during sleep are not necessarily present after puberty, as many people go years without them. Thus, only age remained the criterion, which is our position. Also, the beard is not considered, nor are the breasts’ prominence, as Al-Hamawi stated that it is not ruled by in the apparent narration. Similarly, a deep voice, as in the explanation of An-Nazm Al-Hamili by Abu As-Sa‘ud, and likewise hair on the legs, armpits, and mustache, as gathered from the commentaries of Al-Kanz, Ad-Durr Al-Mukhtar, Radd Al-Muhtar, and Al-Kawkab Ad-Durri. In a narration by Al-Bayhaqi from him (may Allah be pleased with him), the Messenger of Allah (ﷺ) said: “The pen is lifted from three: the sleeping person until he wakes, the boy until he has wet dreams, and the insane until he recovers.” In the agreed-upon narration from Ibn Umar, he said: “I was presented to the Messenger of Allah (ﷺ) in the year of Uhud when I was fourteen years old, and he rejected me. Then I was presented to him in the year of Khandaq when I was fifteen years old, and he permitted me.” Umar ibn Abdul Aziz said: “This is the distinction between fighters and dependents.”