Ruling on the Divorce Issued by a Child

Hazrat Ibn Abbas (may Allah be pleased with them) says that the divorce of a child does not take effect.

Hazrat Sha'bi (may Allah have mercy on him) says that the divorce of a child does not take effect.

Hazrat Saeed bin Musayyib (may Allah have mercy on him) says that when a child becomes able to distinguish prayer and fasting, his divorce is valid, and Hasan (may Allah have mercy on him) says that his divorce does not take effect until he reaches maturity.

18898 - He said: (And he said) (1): Al-Hasan: His divorce is not valid until he (reaches puberty) (2).

Hazrat Ismail bin Anzi (may Allah have mercy on him) says that I was an underage boy, I gave a divorce and asked Hazrat Saeed bin Musayyib (may Allah have mercy on him) about this. He replied, "If you have memorized the prayer and have fasted in Ramadan, then your divorce is valid."

Hazrat Ali (may Allah be pleased with him) bin Malik (may Allah have mercy on him) narrates that I asked Hazrat Sha'bi (may Allah have mercy on him) what is the ruling if a child gives three divorces? He replied that if he did not understand that three divorces cause separation, then I would not consider it anything.

Hazrat Ali (may Allah be pleased with him) said: Keep the marriage of children concealed.

It is narrated similarly through another chain.

Hazrat Dahhak (may Allah have mercy on him) says that keep the marriage of children concealed. And he says that every divorce is permissible except the divorce of a mentally incompetent person and the divorce of a person who is afflicted with bersam, that is, a disease in which a person starts speaking incoherently.

Hazrat Sha’bi (may Allah have mercy on him) says that the freedom, marriage, or anything else done by a child is of no consideration.

Hazrat Qaqa’ (may Allah have mercy on him) says that I asked Ibrahim (may Allah have mercy on him) about the divorce of a child, so he replied that there are many women.

Hazrat Qaqa’ (may Allah have mercy on him) says that I asked Ibrahim (may Allah have mercy on him) about the divorce of a child, so he replied that this is nothing and there are many women.

Ibrahim (may Allah have mercy on him) said that the predecessors used to arrange marriages for children and would keep the marriage hidden from them, lest the word of divorce slip from their tongues. Sufyan (may Allah have mercy on him) said that even if the word of divorce did slip from their tongues, they would not consider it to mean anything.

18908 - Sufyan said: If it happens, they do not see anything.

Hazrat Sha'bi (may Allah have mercy on him) says that the divorce of a child is of no consequence.

Hazrat Shu’bah (may Allah have mercy on him) says that I asked Hazrat Hakam (may Allah have mercy on him) and Hazrat Hammad (may Allah have mercy on him) about the divorce issued by a child, so they said that it is not valid.