TALMUD, MUHAMMAD & PEDOPHILIA

MARRIAGEABLE AGE IN RABBINIC JUDAISM

In this post I will cite leading rabbinic sources and authorities to show that a female was considered mature enough for marriage only after she had reached puberty, which the rabbis interpreted as taking place after the age of twelve. All emphasis shall be mine.

Note what one of the leading medieval rabbis Rashi wrote in regards to Exodus 21:7:

Now if a man sells his daughter as a maidservant: Scripture is referring [here] to a minor girl. I might think that even if she develops signs [of initial puberty, the father may sell her]. [But] you must agree that a kal vachomer [the inference of a major rule from a minor rule] applies here namely if she who is already sold goes free with signs [that is, when she has signs of initial puberty], as it is written: “she shall go out for nothing, without money” (Exod. 21:11), which we interpret as referring to the signs of initial puberty, does it not make sense that she who is not sold [and has initial signs of puberty] should not be sold [at all]? -[From Mechilta, Arachin 29a] [At the moment when a female has two pubic hairs, usually when she is twelve years old, she is no longer considered a minor. She is then called נַעִרָה (naarah). She is, however, still under her father’s jurisdiction until six months later, when her breasts have developed to a certain stage. Then she is called בּוֹגֶרֶת (bogeret) a mature girl. In the case of a Hebrew maidservant, the father may sell her only when she is a minor, not after she has become a נַעִרָה (Complete Jewish Bible with Rashi Commentary https://www.chabad.org/library/bible_cdo/aid/9882/showrashi/true#v7)

The Talmud concurs by stating that the marriageable age for a girl takes place sometime after she has passed her twelfth birthday and is mature enough to desire marriage:

With regard to a girl, it was urged that the father’s duty was to secure a husband for her at an early age. The verse, ‘Profane not thy daughter to make her a harlot’ (Leviticus 19:29) was applied to a man ‘who delays in arranging a marriage while she is of suitable age’ (Sanhedrin 76a). She was considered to have arrived at this stage when she passed her twelfth birthday. According to Talmudic law, ‘A man is forbidden to give his daughter in marriage while she is a minor, until she is grown up and says, I wish to marry so-and-so’ (Kid. 41a). If he married her in her minority she could repudiate the marriage on reaching the age of twelve, and have it annulled without a divorce. (Abraham Cohen, Everyman’s Talmud – The Major Teachings of the Rabbinic Sages [Schoken Books, New York 1995], Chapter V. Domestic Life, II. Marriage and Divorce, pp. 162-163; bold emphasis mine)

הָאִישׁ מְקַדֵּשׁ אֶת בִּתּוֹ כְּשֶׁהִיא נַעֲרָה. כְּשֶׁהִיא נַעֲרָה – אִין, כְּשֶׁהִיא קְטַנָּה – לָא. מְסַיַּיע לֵיהּ לְרַב, דְּאָמַר רַב יְהוּדָה אָמַר רַב וְאִיתֵּימָא רַבִּי אֶלְעָזָר: אָסוּר לְאָדָם שֶׁיְּקַדֵּשׁ אֶת בִּתּוֹ כְּשֶׁהִיא קְטַנָּה, עַד שֶׁתִּגְדַּל וְתֹאמַר: ״בִּפְלוֹנִי אֲנִי רוֹצָה״.

The mishna teaches: A man can betroth his daughter to a man when she is a young woman. The Gemara infers: When she is a young woman, yes, he can betroth her; when she is a minor, NO, he cannot betroth her. This statement supports the opinion of Rav, as Rav Yehuda says that Rav says, and some say it was said by Rabbi Elazar: It is prohibited for a person to betroth his daughter to a man when she is a minor, until such time that she grows up and says: I want to marry so-and-so. If a father betroths his daughter when she is a minor and incapable of forming an opinion of the husband, she may later find herself married to someone she does not like. (Babylonian Talmud, Kiddushin 41a https://www.sefaria.org/Kiddushin.41a.8?lang=bi&with=all&lang2=en)

Here is what Muhammad is reported to have said about these rabbinic injunctions:

Abu Sa‘id and Ibn ‘Abbas reported God’s messenger as saying, “He who has a son born to him should give him a good name and a good education and marry him when he reaches puberty. If he does not marry him when he reaches puberty and he commits sin, its guilt rests only upon his father.”

‘Umar b. al-Khattab and Anas b. Malik reported God’s messenger as saying that it is written in the Torah, “If anyone does not give his daughter in marriage when she reaches twelve and she commits sin, the guilt of that rests on him.” Baihaqi transmitted both traditions in Shu’ab al-Iman. (Mishkat Al-Masabih English Translation With Explanatory Notes by Dr. James Robson, [Sh. Muhammad Ahsraf Publishers, Booksellers & Exporters, Lahore-Pakistan, Reprint 1990], Volume I, Book XIII. – Marriage, Chapter III. The Guardian in Marriage, and asking the Woman’s consent, section III, pp. 666-667; bold emphasis mine)

Here’s the online version:

13 Marriage

(2c) Chapter: The Guardian in Marriage, and asking the Woman’s consent – Section 3

‘Umar b. al-Khattab and Anas b. Malik reported God’s Messenger as saying that it is written in the Torah, “If anyone does not give his daughter in marriage when she reaches twelve and she commits sin, the guilt of that rests on him.”

Baihaqi transmitted in Shu’ab al-iman.

Reference: Mishkat al-Masabih 3139

In-book reference: Book 13, Hadith 59 (https://sunnah.com/mishkat:3139)

Muhammad confuses the Talmud with the Torah!

The Talmud further condemns marrying off a mature, post-pubescent maiden to an old man:

אם כן לימא קרא אל תחל מאי אל תחלל שמע מינה תרתי ואביי ורבא האי אל תחלל את בתך להזנותה מאי עבדי ליה אמר רבי מני זה המשיא את בתו לזקן

The Gemara answers: If so, and that is the sole derivation from the verse, let the verse say: Do not profane [taḥel]. What is the reason that the verse uses the more complex form: Do not profane [teḥalel]? Conclude two derivations from it. The Gemara asks: And according to Abaye and Rava, who derive the prohibition against engaging in intercourse with one’s daughter from a different source, what do they do with this verse: “Do not profane your daughter by causing her to act licentiously”? Rabbi Mani says: This verse is referring to one who marries his daughter to an old man. Since she will not be satisfied with him, it will ultimately lead her to engage in adultery, and her father is responsible for causing that situation.

כדתניא אל תחלל את בתך להזנותה רבי אליעזר אומר זה המשיא את בתו לזקן ר”ע אומר זה המשהא בתו בוגרת

This derivation is as it is taught in a baraita: “Do not profane your daughter by causing her to act licentiously.” Rabbi Eliezer says: This is referring to one who marries his daughter to an old man. Rabbi Akiva says: This is referring to one who delays the marriage of his daughter who is A GROWN WOMAN. Since she finds no permissible outlet for her sexual desire, she is apt to engage in licentiousness.

אמר רב כהנא משום רבי עקיבא אין לך עני בישראל אלא רשע ערום והמשהא בתו בוגרת אטו המשהא בתו בוגרת לאו רשע ערום הוא

Rav Kahana says in the name of Rabbi Akiva: You do not have a pauper among the Jewish people other than one who is a conniving wicked person, who seeks to conceal his true nature, and one who delays the marriage of his daughter who is a grown woman. The Gemara asks: Is that to say that one who delays the marriage of his daughter who is A GROWN WOMAN is not a conniving, wicked person? He connives to delay her marriage to ensure that she will stay at home and do the housework, sparing him the cost of domestic help, and thereby causes her to sin. (Babylonian Talmud, Sanhedrin 76a https://www.sefaria.org/Sanhedrin.76a.24?lang=bi&with=all&lang2=en)

Here’s another rendering:

Now, how do Abaye and Raba utilize the verse, Do not profane thy daughter to cause her to be a whore? — R. Mani said: [According to them] this refers to one who marries his [young] daughter to an old man.³² As it has been taught: Do not profane thy daughter to cause her to be a whore; R. Eliezer said: This refers to marrying one’s [young] daughter to an old man. R. Akiba said: This refers to the delay in marrying off a daughter who is already a bogereth.³³

R. Kahana said on R. Akiba’s authority: The only poor in Israel is the subtly wicked and he who delays in marrying off his daughter, a bogereth.³⁴ But is not one who thus delays himself subtly wicked?³⁵Abaye answered: This is its meaning: Which poor man is subtly wicked? He who delays marrying off his daughter, a bogereth.

(32) Since she cannot willingly accept him, she may be led to adultery.

(33) Having attained puberty, she may become unchaste if not married. Marriage, of course, was then at a far earlier age than now.

(34) This is explained further on.

(35) Why ‘and he who delays etc.’: the two are identical. His wickedness consists in that he keeps her unmarried, that he may profit by her labour whilst endangering her chastity. (Rabbi Dr. H. Freedman and Jacob Shachter, Babylonian Talmud, Sanhedrin, pp. 335-336 https://halakhah.com/pdf/nezikin/Sanhedrin.pdf)

This is where it gets interesting. The allegedly sound Islamic reports state that Muhammad married Aisha when she was around 6-7 years old, and had sex with her to consummate their marriage when she was nine.

The disgusting part about all this is that Muhammad was around 54 years old when he chose to deflower a premature, prepubescent girl who was still playing on swings and dolls. He even left her as a childless widow from the age of eighteen till she died!

Narrated Aisha:
The Prophet engaged me when I was a girl of six (years). We went to Medina and stayed at the home of Bani-al-Harith bin Khazraj. Then I got ill and my hair fell down. Later on my hair grew (again) and my mother, Um Ruman, came to me while I was playing in a swing with some of my girl friends. She called me, and I went to her, not knowing what she wanted to do to me. She caught me by the hand and made me stand at the door of the house. I was breathless then, and when my breathing became all right, she took some water and rubbed my face and head with it. Then she took me into the house. There in the house I saw some Ansari women who said, “Best wishes and Allah’s Blessing and a good luck.” Then she entrusted me to them and they prepared me (for the marriage). Unexpectedly Allah’s Apostle came to me in the forenoon and my mother handed me over to him, and at that time I was a girl of nine years of age. (Sahih Al-Bukhari, Volume 5, Book 58, Number 234 https://sunnah.com/bukhari:3894)

Narrated ‘Aisha:
Allah’s Apostle said to me, “You were shown to me twice (in my dream) before I married you. I saw an angel carrying you in a silken piece of cloth, and I said to him, ‘Uncover (her),’ and behold, it was you. I said (to myself), ‘If this is from Allah, then it must happen.’ Then you were shown to me, the angel carrying you in a silken piece of cloth, and I said (to him), ‘Uncover (her), and behold, it was you. I said (to myself), ‘If this is from Allah, then it must happen.'” (Sahih Al-Bukhari, Volume 9, Book 87, Number 140 https://sunnah.com/bukhari:7012; see also Number 139)

‘A’isha reported: Allah’s Messenger (may peace be upon him) married me when I was six years old, and I was admitted to his house at the age of nine. She further said: We went to Medina and I had an attack of fever for a month, and my hair had come down to the earlobes. Umm Ruman (my mother) came to me and I was at that time on a swing along with my playmates. She called me loudly and I went to her and I did not know what she had wanted of me. She took hold of my hand and took me to the door, and I was saying: Ha, ha (as if I was gasping), until the agitation of my heart was over. She took me to a house, where had gathered the women of the Ansar. They all blessed me and wished me good luck and said: May you have share in good. She (my mother) entrusted me to them. They washed my head and embellished me and nothing frightened me. Allah’s Messenger came there in the morning, and I was entrusted to him. (Sahih Muslim, Book 008, Number 3309 https://sunnah.com/muslim:1422a; see also 3310)

‘A’isha reported that Allah’s Apostle married her when she was seven years old, and he 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. (Sahih Muslim, Book 008, Number 3311 https://sunnah.com/muslim:1422c)

Yunus b. Bukayr stated, from Hisham b. ‘Urwa, from his father who said, “The Messenger of God married ‘A’isha three years after (the death of) Khadija. At that time (of the contract) ‘A’isha had been a girl of six. When he married her she was nine. The Messenger of God died when ‘A’isha was a girl of eighteen.”

This tradition is considered gharib (unique in this line).

Al-Bukhari had related, from ‘Ubayd b. Isma‘il, from Abu Usama, from Hisham b. ‘Urwa, from his father, who said, “Khadija died three years before the emigration of the Prophet (SAAS). He allowed a couple of years or so to pass after that, and then he contracted marriage with ‘A’isha when she was six, thereafter consummating marriage with her when she was nine years old.”

What ‘Urwah stated here is mursal, incomplete, as we mentioned above, but in its content it must be judged as muttasil, uninterrupted.

His statement, “He contracted marriage with ‘A’isha when she was six, thereafter consummating marriage with her when she was nine” IS NOT DISPUTED BY ANYONE, and is well established in the sahih collections of traditions and elsewhere.

He consummated marriage with her during the second year following the emigration to Medina.

His contracting marriage with her took place some three years after Khadija’s death, though there is disagreement over this.

The hafiz Ya‘qub b. Sufyan stated, “Al-Hajjaj related to us, that Hammad related to him, from Hisham b. ‘Urwa, from his father, from ‘A’isha, who said, ‘The Messenger of God, contracted marriage with me (after) Khadija’s death and before his emigration from Mecca, when I was six years old. After we arrived in Medina some women came to me while I was playing on a swing; my hair was like that of a boy. They dressed me up and put make-up on me, then took me to the Messenger of God, and he consummated our marriage. I was a girl of nine.’”

The statement here “muttawaffa Khadija“, “Khadija’s death” has to mean that it was shortly thereafter. Unless, that is, the word, ba‘da, “after”, originally preceded this phrase and had been omitted from the account. The statement made by Yunus b. Bukayr and Abu Usama from Hisham b. ‘Urwa, from his father, is, therefore, not refuted. But God knows best. (Ibn Kathir, The Life of the Prophet Muhammad (Al-Sira al-Nabawiyya), Volume II, translated by professor Trevor Le Gassick, reviewed by Dr. Muneer Fareed [Garnet Publishing Limited, 8 Southern Court, south Street Reading RG1 4QS, UK; The Center for Muslim Contribution to Civilization, first paper edition, 2000], pp. 93-94)

Therefore, Muhammad stands condemned as a wicked old man for committing pedophile with a young minor. There’s simply no way around this fact.

FURTHER READING

WAS REBECCA REALLY 3?

The Holy Bible on the Age of Marriage

Revisiting the Issue of the Age for Marriage

Muhammad’s Marriage to a Prepubescent Minor

Muhammad’s Marriage to a Prepubescent Girl And Its Moral Implications

Analyzing the Claims of Muslim Polemicists

The Marriage of Umar ibn Khattab and Umm Kulthum

Aisha’s Condition at the Time of Her Marriage: Post-Pubescent Maiden or Premature Minor?

Was Aisha really only Nine? Pt. 1

Revisiting the Age of Aisha Pt. 1