Nasai

(1) The purpose here is: at what age do a boy or girl become mature (baligh)? This question arises because the implementation of Islamic legal limits (hudud) and punishments upon a criminal is only applicable when a person has reached maturity. Until a person becomes mature, the legal limit (hadd) cannot be applied to them. As for the issue of what should be done if a minor commits an offense for which a legal limit is prescribed, the ruling is exactly this: the legal limit cannot be applied to a minor. However, if a crime deserving of a legal limit is committed by a minor, then the judge (qadi), magistrate, or ruler of the time may, for the sake of discipline, impose an appropriate punishment. And Allah knows best.

(2) The pure Shariah has specified certain signs; when any one of these signs is found in a boy or girl, they are considered mature (baligh). There are three signs for males; if all three or any one of them is present, the male is considered mature: experiencing a wet dream (ihtilam), the growth of coarse hair beneath the navel, or reaching the age of fifteen years. As for females, in addition to the aforementioned three signs—which are common to both males and females—there are two more signs specific to women: the onset of menstruation (hayd) and pregnancy.

(3) “The captives of Banu Qurayzah”: Banu Qurayzah was a Jewish tribe residing in Madinah who, during the Battle of the Trench (Khandaq), rebelled against the Muslims and supported the attacking enemy. Therefore, after the Battle of the Trench ended, they entrusted their fate to the leader of their allied tribe, Sa’d ibn Mu’adh radi Allahu anhu. He ruled that their mature men be killed and their women and children be taken captive. Thus, his decision was implemented accordingly.

(4) It is neither permissible nor lawful for anyone except a husband and wife to look at each other’s private parts (‘awrah). However, a genuine legal necessity is an exception to this principle. For example, if saving someone’s life requires it and an operation is unavoidable, then the physician may, as needed, expose the patient. As soon as the necessity ends, it is obligatory to cover the private part.

(5) “Any captive”—that is, a young captive whose maturity was in doubt; otherwise, there was no need to check the hair of an older man.

(6) “Would be left alive”—that is, he would be taken as a captive (slave). ‘Atiyyah was also among them, and later he became Muslim, radi Allahu anhu.

(1) Banu Qurayzah was a Jewish tribe that had entered into a pact of loyalty with the Muslims, but at the critical juncture of the Battle of the Trench (Ghazwah al-Khandaq), they joined forces with the disbelievers of Makkah and instigated an internal rebellion. As soon as the Battle of the Trench ended, the Prophet sallallahu alayhi wa sallam laid siege to Banu Qurayzah in order to punish them for their treachery. They delegated their judgment to Sa'd ibn Mu'adh radi Allahu anhu. He ruled that all their adult men be killed and the minors be taken as slaves. Since this was a judgment they themselves had requested, it was accordingly carried out.

(2) The purpose of mentioning this hadith under this chapter is to show that when the prescribed punishment (hadd) is not enforced upon a minor, then his pronouncement of divorce (talaq) will also not be valid. When he reaches adulthood, then he may issue a divorce.

(3) There are three signs of puberty: nocturnal emission (ihtilam), growth of pubic hair, or reaching the age of fifteen years. Since determining age is difficult and the other two signs are clear, they are given precedence.

Takhrij:
«أخرجه أبوداود، الحدود، باب في الغلام يصيب الحد، حديث:4404، والترمذي، السير، حديث:1584، وقال: حسن صحيح، وابن ماجه، الحدود، حديث:2541، والنسائي، قطع السارق، حديث:4984، وغيره، وأحمد:4 /310، 5 /312، وابن حبان (الإحسان):7 /137، حديث:4760، والحاكم:3 /35، وابن الجارود، حديث:1045.»©Explanation: © Hadith Narrator:
« حضرت عطیہ قرظی رضی اللہ عنہ » Qurazi: The letter “qaf” in Qurazi has a dammah (u-sound) and the letter “ra” has a fathah (a-sound).
He was called Qurazi due to his affiliation with Banu Qurayzah.
He is a minor Companion (sahabi).
Only one hadith is narrated from him.
It is said that he settled in Kufa.
Allamah Ibn Abd al-Barr rahimahullah has said that he was not able to ascertain the name of his father.
Mujahid and others have narrated from him.