Hadith No: 1
Ibn Hajar al-Asqalani - Fath al-Bari Sharh Sahih al-Bukhari
Book of Marriage - Chapter on Marrying Minors to Adults
Volume: (9) - Page Number: (124)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Al-Daraqutni, Abu Mas'ud, Abu Na'im, and al-Humaydi explicitly stated this. Ibn Battal said: It is permissible to marry a young girl to an older man by consensus, even if she is still in the cradle, but she cannot be approached until she is capable of sexual maturity.

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Reference: Fath al-Baari fi Sharh Saheeh al-Bukhari Book 9

Hadith No: 2
An-Nawawi - Sahih Muslim bi Sharh an-Nawawi
Book of Marriage - Chapter on a Father's Marriage of his Unmarried Daughter - Page Number: (550)
Volume: (0) - Page Number: (00)
- .... As for the time of the marriage consummation of a married young girl and having intimate relations with her, if the husband and the guardian agree on something that does not harm the young girl, it should be acted upon, even if they disagree.
- .... And Ahmad and Abu Ubayd said: A girl of nine years can be compelled to that, unlike others.
- .... Malik, ash-Shafi'i, and Abu Hanifa said: The limit for this is that she is capable of intercourse, and this varies with each individual and is not measured by age. This is the correct view.

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Reference: Saheeh Muslim Be Sharh al-Nawawi

Hadith No: 3
Al-Nawawi - Rawdat al-Talibin wa Umdat al-Muftin wa Umdat al-Muftin - Book of Waqf
Chapter One: Pillars and Conditions of Waqf - Section One on the Pillars of Waqf
First and Second Pillars: the Waqif (Donor) and the Maqfuf (Endowed Property)
Volume: (5) - Page Number: (314)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Second: It is permissible to endow (waqf) something that is intended for a tangible asset from which one can benefit, such as trees for their fruits, and animals for milk, wool, fur, and eggs, as well as something intended for a benefit that can be utilized, like a house or land. It is not a requirement for the benefit or advantage to be realized immediately; rather, it is permissible to endow a servant, a young colt, or an animal with a temporary disability, just as it is permissible to contract marriage with an infant nursling.

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Reference: Rawzatut Talebeen wa Omadatul Muttaqeen Book 5

Hadith No: 4
Al-Nawawi - Rawdat al-Talibin wa Umdat al-Muftiin wa Umdat al-Muftiin
Book of Marriage - Chapter Six on Obstacles to Her Marriage
The second type of obstacles to marriage is that which entails a non-perpetual prohibition
The first is marrying two sisters by blood or suckling
Volume: (7) - Page Number: (121)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Ibn al-Haddad said: So if he said to her, "You are divorced three times," he is immediately allowed to marry her sister due to the occurrence of separation, and the ruling is the same if she apostatized and he divorced her in her apostasy. And if he has both a young girl and an older woman, both of whom he has consummated the marriage with, and the older one apostatizes and the younger one is breastfed by her mother during her waiting period, the marriage of the younger woman is suspended.

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Reference: Rawzatut Talebeen wa Omadatul Muttaqeen Book 7

Hadith No: 5
Al-Nawawi - Rawdat al-Talibin wa UmDAMat al-Muftiin wa UmDAMat al-Muftiin
Book of Nursing - Chapter One: Pillars and Conditions of Nursing - Section: If a Woman's Milk is for a Man
Volume: (9) - Page Number: (10)
[The text is long, so only the relevant excerpt is provided here]
- .... And if he has a young girl under him and five daughters born to him by her, and each one nurses him once with her milk, the marriage to the young girl will not dissolve in the first manner but will dissolve in the second, which is the more correct view, and there will be no liability upon them because no debt can be established against him regarding his owned ones. However, if he were to have his three wives and two daughters born to him by them nurse his young wife, then the dissolution of the marriage to the young girl will pertain to both scenarios. As for the compensation for her dowry, if they nurse in a specific order, the dissolution will be related to the nursing of the last one. If the last one is a daughter born to him, there will be nothing owed by her, but if she is a wife, then she will be liable for the compensation.

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Reference: Rawzatut Talebeen wa Omadatul Muttaqeen Book 9

Hadith No: 6
Al-Nawawi - Rawdat al-Talibin wa Umdat al-Muftin wa Umdat al-Muftin - Book of Nursing
Chapter Three on Nursing That Invalidates Marriage and the Ruling of Compensation
Section One on Compensation When Marriage Is Invalidated
Volume: (9) - Page Number: (22)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... If a mother nurses both a small child and a large one, the marriage of the small one is dissolved, undoubtedly, as is the large one, according to the more apparent view. Even if the large one is nursed by her grandmother, sister, or daughter of her sister, the same applies. It is permissible for one of them to marry after that, and they cannot be married to each other. Even if the daughter of the large one nurses her, the ruling of dissolution remains as we mentioned and the large one is permanently forbidden to the other, as is the small one, if the large one was married to her, due to her being a stepdaughter. The ruling on the dowry of the small one is the responsibility of the husband, and the compensation is on the nurse, as mentioned earlier.

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Reference: Rawzatut Talebeen wa Omadatul Muttaqeen Book 9

Hadith No: 7
Al-Shawkani - Nail al-Awtar, Explanation of Muntaqa al-Akhbar
Book of Marriage - Chapter on What Has Been Narrated Regarding Coercion and Seeking Consent
Volume: (6) - Page Number: (144) - Footnote: 1
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And it was claimed that the Prophet's (peace be upon him and his holy progeny) marriage to Aisha when she was six years old was one of his unique attributes. In contrast, this is countered by the allowance of Hasan and al-Nakha'i for a father to coerce his daughter, whether she is older or younger, a virgin or a widow. The hadith also provides evidence that it is permissible to marry a young girl to an older man, and al-Bukhari classified this with a chapter, mentioning Aisha's hadith. It was narrated in Al-Fath that there is a consensus on the permissibility of this and it was said: "even if she were in the cradle," but she cannot be given in marriage until she is capable of consummation.

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Reference: Nayl al-Awtaar Sharh Muntaqa al-Akhbaar Book 6

Hadith No: 8
Ibn Hazm - al-Mu'allā bil-Athār
Book of Marriage - Issue on a Father's Ability to Marry Off His Young Daughter
Volume: (9) - Page Number: (38)
[The text is lengthy, so only the relevant excerpt is provided here]
1826 - And a father may marry off his young virgin daughter without her permission and she will have no choice, as long as she has not reached maturity.

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Reference: Al-Mahalli bi al-Aathaar Book 9

Hadith No: 9
Ibn Hazm - al-Muhalla bil-Athar
Book of Marriage - Issue of a Father Marrying Off His Minor Daughter
Volume: (9) - Page Number: (40)
[The text is lengthy, so only the relevant excerpt is provided here]
1826 - .... Abu Muhammad Ibn Hazm said: "The evidence for permitting a father to marry off his minor, unmarried daughter is the marriage of Abu Bakr (ra) to the Prophet (peace be upon him and his holy progeny) from Aisha (ra), who was six years old. This is a well-known matter, and we do not need to provide a chain of transmission for it. Whoever claims that it is a specific case will not be regarded, for the argument is based on the words of Allah, the Mighty and Majestic be He: {There has certainly been for you in the Messenger of Allah a good example for those who hope for Allah and the Last Day and remember Allah often} (Surah Al-Ahzab 33:21). So, everything he did, peace be upon him and his holy progeny, is something we can take as an example for ourselves, unless a text comes indicating that it is a specific case for him."

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Reference: Al-Mahalli bi al-Aathaar Book 9

Hadith No: 10
Ibn Qudamah - al-Sharh al-Kabir - Book of Nursing (Rada') - Issue 23: And Mixed Milk is Prohibited
Volume: (9) - Page Number: (206/207)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... The Sheikh, may Allah have mercy on him, said: If a man marries an adult woman and does not consummate the marriage with her, and he marries three young girls, and the adult woman nurses one of them within two years, the adult woman becomes permanently prohibited to him, and the marriage to the young girl remains valid, while he holds that their marriages may be dissolved.
- .... If he marries an adult woman and a young girl, and the adult woman nurses the young girl before he consummates the marriage with her, the marriage to the adult woman is immediately invalidated and she becomes permanently prohibited to him. This was also the view of al-Thawri, al-Shafi'i, Abu Thawr, and the Scholars of Ra'y (Opinion).
- .... Al-Awza'i said: The marriage to the adult woman remains valid, and the young girl is taken away from him. This is not acceptable, for the adult woman has become one of the mothers of women and is thus permanently prohibited due to Allah's statement: {And the mothers of your women} (Quran 4:32), and He did not condition consummation of the marriage with her. As for the young girl, there are two narratives concerning her: (one) is that her marriage remains valid because she is a stepdaughter, and he has not consummated the marriage with her mother, so she is not prohibited, as Allah said: {If you have not [yet] entered upon them, there is no blame upon you} (Quran 4:32). (The second narrative) is that her marriage is dissolved, which is the view of al-Shafi'i and Abu Hanifa, because both have become like slaves and daughters, and they are now together in his marriage, and it is forbidden to have both, so their marriages are dissolved, just as if they had become sisters, or as if he had contracted marriages with both of them after nursing in a single contract... etc.

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Reference: Al Sharh al kabeer Book 9

Hadith No: 11
Ibn Najim - al-Bahr al-Raiq Sharh Kunz al-Daqaiq
Book of Marriage - Chapter on Guardians and Equals in Marriage
Volume: (3) - Page Number: (128)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... They differed regarding the appropriate time to consummate a marriage with a young girl. It was said that one should not consummate the marriage until she reaches maturity, while others said it is permissible when she turns nine years old and some stated that if she is plump and robust enough to handle intercourse, then the marriage can be consummated with her; otherwise, it cannot.

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Reference: Al Bahr Al Raeq Sharh Kanz al Daqaeq Book 3

Hadith No: 12
Ibn Najim - al-Bahr al-Raiq Sharh Kanz al-Daqaiq - Book of Marriage - Chapter on Mahr
Volume: (3) - Page Number: (163)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... and the 'afl is something round that comes out through the private part, and from it, her size is small to the extent that she cannot endure intercourse, and it is not permissible for him to enter her before she is able to do so and maturity is estimated, while some say at the age of nine, but it is preferable not to set an estimate, as we have mentioned earlier. So if the husband says she can endure it and intends to enter her, while the father denies it, the judge may show her to women and does not consider age. This is also mentioned in al-Khulasah.

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Reference: Al Bahr Al Raeq Sharh Kanz al Daqaeq Book 3

Hadith No: 13
Al-Sarakhsi - Al-Mabsut - Book of Marriage - Chapter on the Marriage of a Minor
Volume: (4) - Page Number: (212)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... He said: "We have received reports that the Messenger of Allah (peace be upon him and his holy progeny) married Aisha (may Allah be pleased with her) when she was a young girl, six years old, and consummated the marriage with her when she was nine years old, and she remained with him until she was nine." This hadith is evidence for the permissibility of marrying a minor, with the consent of the parents, contrary to what Ibn Shubrumah and Abu Bakr the Deaf, may Allah have mercy on them, said: that a minor cannot be married until they reach maturity.
- .... Then the hadith of Aisha (may Allah be pleased with her) is explicit on this, as are all other evidences we have mentioned. For Qudamah ibn Mazyun married the daughter of al-Zubair (may Allah be pleased with him) on the day she was born and said, "If I die, she is the best of my heirs, and if I live, she is the daughter of al-Zubair."
- Ibn Umar (may Allah be pleased with him) married his young daughter to Urwah ibn al-Zubair (may Allah be pleased with him).
- Urwah ibn al-Zubair (may Allah be pleased with him) married the daughter of his brother, his sister's daughter, and they were both young.
- A man gave his young daughter in marriage to Abdullah ibn al-Hasan, and Ali (may Allah be pleased with him) approved of this.
- The wife of Ibn Mas'ud (may Allah be pleased with him) married her young daughter to a son of al-Musayyib ibn Nukhbah, and Abdullah (may Allah be pleased with him) approved of this, but Abu Bakr the Deaf (may Allah be pleased with him) was deaf and did not hear these hadiths ....

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Reference: Al Mabsoot Book 4

Hadith No: 14
Al-Sarakhsi - al-Mabsut - Book of Marriage - Chapter on the Marriage of a Minor
Volume: (4) - Page Number: (213)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And there is evidence in it that a young girl may be ushered to her husband if she is fit for men, for she was ushered to him while she was nine years old, appearing still young. And it is reported in the hadith that they had fattened her, and when she became plump, she was ushered to the Messenger of Allah (peace be upon him and his holy progeny).
- He said: And we have been informed that Ibrahim used to say: "If a parent marries a minor, that is permissible for both of them," and likewise for other guardians. Our scholars, may Allah have mercy on them, based their teachings on this and said: It is permissible for someone other than the father or grandfather to marry off a minor boy or girl. According to Malik (may Allah be pleased with him), no one except the father may marry off a minor, and according to al-Shafi'i (may Allah be pleased with him), neither the father nor the grandfather may marry off a minor boy or girl. Thus, Malik holds that the preferable stance is that it should not be allowed to marry them off, except that we have set this aside in the case of a parent due to the narrated evidences in this regard, so everything else remains as is.

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Reference: Al Mabsoot Book 4

Hadith No: 15
Al-Bahuti - Kashaf al-Qina' 'an Matn al-Iqna' - Book of Nursing
Chapter: He marries an older woman with milk from another man, not having consummated the marriage, and marries younger women, and the older woman nurses one of them
Volume: (5) - Page Number: (447)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And if he marries a woman who is older with milk from another man, whether a husband or not, and the second man does not consummate the marriage with her, and he marries three younger women, all less than two years old, without being within two years of nursing, and one of the younger women nursed by the older woman, the older woman is indefinitely prohibited to him because she has become one of the mothers of his wives, and the marriage to the younger women remains valid because she is a stepdaughter, having not consummated with her mother. This differs from if he were to start an engagement with both of them, because continuation is stronger than initiation. If the older woman nurses two of the younger women, either separately or together, their marriages become invalid .... etc.

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Reference: Kashhaf al Qenaa an Matan al Iqnaa Book 5

Hadith No: 16
Al-Bahuti - Kashaf al-Qina' 'an Matan al-Iqna'
Book on Nursing - Chapter on Those Who Invalidated the Marriage of a Woman by Nursing Before Consummation
Volume: (5) - Page Number: (452)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And if a man has a wife with three daughters from another man, and she nurses three of his young female relatives, and each of the wife's daughters nurses one of the husband's young wives with a full nursing, that is, five feeds, he would be forbidden to marry the older woman because she is one of the grandmothers of the young wives. The marriages to the young wives would not be invalidated because they are not sisters; they are merely the daughters of cousins, and it is not prohibited to marry the daughters of cousins. They would not be rendered unlawful by being stepdaughters because a stepdaughter is only made unlawful by consummation with her mother or grandmother, and neither occurred. The marriage of anyone whose nursing is complete would not be invalidated for the reasons mentioned, even if he had consummated with the mother. The younger ones would also be permanently forbidden because they are stepdaughters, if he had consummated with their grandmother. Moreover, if any of the daughters of his wife nursed one of his young wives, and each of them nursed her two feeds, the older woman would be prohibited, a detail corrected in al-Mubdi' and other texts, because she becomes a grandmother by virtue of the younger one having received five feeds from her daughters. It is said, however, that the older woman does not become unlawful, a position chosen by al-Muwafiq, the commentator, and affirmed in al-Insaf....

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Reference: Kashhaf al Qenaa an Matan al Iqnaa Book 5

Hadith No: 17
Al-Buhooti - Kashhaf al-Qina' 'an Matn al-Iqna'
Kitab al-Radha' - Chapter on a husband who has consummated marriage with an older woman and breastfeeds a younger one with her milk
Volume: (5) - Page Number: (452)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And if the husband of the younger woman did not consummate with the older one, the marriage to the younger woman remains valid because she is a stepdaughter, and he did not consummate with her mother.

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Reference: Kashhaf al Qenaa an Matan al Iqnaa Book 5

Hadith No: 18
Al-Bahuti - Kashaf al-Qina' an Matan al-Iqna'
Book of Breastfeeding - Chapter on Divorcing a Large Woman Who Has Been Entered and She Breastfeeds a Small Girl with Her Milk
Volume: (5) - Page Number: (452)
[The text is lengthy, so only the relevant excerpt is provided here]
- ... And if he divorces a small girl, and a woman of his breastfeeds her, the breastfeeding woman becomes unmarriageable (mahram) to him because she has become one of the mothers of his wives. If he had not entered into a relationship with the large woman, then there is no dower (mahr) for her, as the separation has occurred due to her. He is allowed to marry the small girl because she is a stepdaughter (rabiba) and not entered into a relationship with her mother....

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Reference: Kashhaf al Qenaa an Matan al Iqnaa Book 5

Hadith No: 19
Al-Buhuti - Kashaf al-Qina' 'an Matn al-Iqna'
Al-Rada' Book - Chapter on a man divorcing a large woman after consummation, and she breastfeeds a small girl with her milk
Volume: (5) - Page Number: (453)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And if a man marries an older woman and another man marries a young child, then both men divorce them, and each one marries the other’s wife, the older woman will be forbidden to both of them. I say, it is clear that the child must be less than two years old because she has become one of their wives' mothers, and even if the husband of the child has consummated with the older woman, the child will still be forbidden to him because she is a stepdaughter being raised with her mother.....

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Reference: Kashhaf al Qenaa an Matan al Iqnaa Book 5

Hadith No: 20
Al-Bahuti - Kashaf al-Qina' 'an Matn al-Iqna'
Book on Nursing - Chapter on a Man Who Divorces His Wife Whom He Has Nursed and She Marries with a Child, and Nurses Him
Volume: (5) - Page Number: (453)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And if he divorces his wife while she has milk from him and she marries a boy under the age of two, and she nurses him with his milk five times, her marriage to the boy is dissolved and he is forever prohibited to her.
- And if she marries the boy first and then dissolves her marriage due to some defect or lack of maintenance or financial hardship with the return of the dowry, then she marries an older man, and if she has milk from him and nurses the boy with it, she is forever prohibited to both of them - to the older man because she has become one of his wives, and to the younger boy because she has become his mother. He said in al-Mustaw' Abb: This is an astonishing issue because the prohibition arose from nursing by a non-relative. He also mentioned in al-Mustaw' Abb: Similarly, if he marries his female servant to a slave of his who is nursing, it would also apply.

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Reference: Kashhaf al Qenaa an Matan al Iqnaa Book 5

Hadith No: 21
Al-Buhooti - Kashaf al-Qina' an Matteen al-Iqna'
Book on Nursing - Chapter on a Man Divorcing His Wife While She Has Milk from Him, and She Remarries with a Child, Nursing Him
Volume: (5) - Page Number: (453)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And if a man marries the mother of his child or his female slave to a minor slave, and she nurses him with the milk of her owner, it becomes unlawful for both of them. As for the slave, he becomes her son, and as for the owner, she becomes one of his son's wives. This scenario, however, of the mother of the child or the female slave marrying a minor cannot occur if the minor is free, because a condition for the marriage of a free person to a slave is the fear of hardship, and such a fear—namely, the fear of hardship—does not exist in a child. This implies a rebuttal to the author of al-Ri'ayah, which can be countered by saying it is not a given, as the condition is the fear of the hardship of remaining single due to the need for companionship or service, and a child may indeed need assistance. This situation is conceivable, as noted in al-Muntaha and others. If the child marries her without a need for service, the marriage is invalid, and if she nurses him, she will not become unlawful to her owner, as she is not one of his son's wives due to the invalidity of the marriage. However, if he marries her out of a need for service, the marriage is valid, and if she nurses him, it becomes unlawful for both of them.

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Reference: Kashhaf al Qenaa an Matan al Iqnaa Book 5

Hadith No: 22
Al-Buhuti - Kashaf al-Qina' 'an Matan al-Iqna'
Book of Nursing - Chapter: And if his wife, the female slave, nurses his young wife,
Volume: (5) - Page Number: (454)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Chapter: And if his wife, the female slave, nurses his young wife with a prohibited nursing, she becomes unlawful to him, provided he has had sexual relations with the female slave. What he owes in bridal money for the young wife, which is half of it, will be due to him from the female slave's owner, as this is a consequence of her wrongdoing. And if his wife, the young wife, is nursed by her, his wife, the mother of his child, both will be permanently unlawful to him. As for the wife, she has become his daughter or stepdaughter, and as for the mother of the child, she is one of his wives. He is entitled to half the young wife's dowry, and there is no penalty on her, meaning the mother of the child, because she has not caused him harm. Moreover, he is not entitled to compensation from her, and he may seek recourse from his cohabitant if she was the one who disrupted the marriage to the young wife, as she will be liable for compensation for her wrongdoing.

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Reference: Kashhaf al Qenaa an Matan al Iqnaa Book 5

Hadith No: 23
Ibn Abidin - Radd al-Muhtar ala al-Durr al-Mukhtar
Book of Marriage - Chapter on Fairness Among Wives
Volume: (3) - Page Number: (204) - Footnote: 1
[The text is lengthy, so only the relevant excerpt is provided here]
- .... They have explicitly stated among us that if a wife is a minor and cannot withstand intercourse, she should not be handed over to the husband until she is able to do so, and the correct view is that this is not determined by age. Rather, it is left to the judge to assess her condition, whether she is plump or emaciated. We have previously mentioned from the Tatar Khaniyya that a mature woman who cannot tolerate intercourse should not be ordered to be handed over to her husband either. Thus, his statement that she cannot tolerate it encompasses situations where it is due to her weakness, emaciation, or the size of the husband’s organ. In al-Ashbah, concerning the ruling on the husband's inability to engage in intercourse with his wife while the marriage remains valid, it is stated: "This also applies if she cannot tolerate it due to smallness, illness, or being overweight," etc. It may also be inferred from "being overweight" that it refers to the large size of the organ. Al-Sharnubali clarified in his commentary on the Wahbaniyya that if a man has intercourse with his wife and she dies or becomes incapable of intercourse (mufda'a), and if she was a minor, coerced, or unable to tolerate it, he is unanimously liable for compensation (diya). Thus, it is clear from all this that it is not permissible for him to engage in intercourse with her in a way that causes her harm, and he should limit himself to what she can tolerate in number, as determined by the judge or the reports of women. If this is not known, then by her words. Similarly, this applies to the thickness of the organ, and he should be instructed to insert only as much as she can tolerate or the equivalent of a man's organ of moderate build....

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Reference: Al-Durr al-Mukhtaar wa Haashiyah Ibn Aabideen Book 3

Hadith No: 24
Ibn Abidin - Rad al-Muhtar ala al-Durr al-Mukhtar - Chapter on Nursing
Volume: (3) - Page Number: (220) - Footnote: 1
[The text is long, so only the relevant excerpt is provided here]
- .... His statement, "And if a large woman nurses, even one who is divorced, the small woman, meaning one who is in the nursing period, it does not matter if the small woman's marriage was not in effect at the time of her nursing her; rather, its existence in the past is sufficient, as mentioned in al-Bada'i" If he marries a small woman, divorces her, and then marries a large woman who has milk, and she nurses her, it becomes forbidden for him because she becomes a mother in lawful wedlock to him, thus making it forbidden through the marriage of the daughter....
- .... And in al-Khaniah, it states that if he marries the mother of his child to his small slave and she nurses him with the milk of the master, she becomes prohibited to her husband and to her owner because the slave becomes a son to the master, so she is forbidden to him because she was in his father's marital union, and to the master because she is the wife of his son. His statement also applies if the milk of the large woman is poured into the mouth of the small one, meaning the latter.

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Reference: Al-Durr al-Mukhtaar wa Haashiyah Ibn Aabideen Book 3

Hadith No: 25
Ibn al-Humam - Fath al-Qadeer - Book of Divorce - Chapter on Maintenance
Volume: (4) - Page Number: (384) - Footnote: 1
[The text is lengthy, so only the relevant excerpt is provided here]
- .... His statement: "It cannot be enjoyed with" means it cannot be consummated, and he explicitly stated in al-Dhakheerah that what is meant by enjoyment is consummation, and the judge restricted it to this. He said: "There is no maintenance for a young girl who cannot be consummated with, so there is no maintenance for her until she reaches a condition that can tolerate consummation, whether she is in the husband's or the father's house." There is a difference of opinion regarding her age, with some saying the minimum is seven years, and al-Ittabi said: "The preference of our scholars is nine years. However, the correct view is that there is no fixed minimum, as the ability to tolerate it varies depending on the individual's physique."

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Reference: Fath al Qadeer Book 4

Hadith No: 26
Al-Jassas - Ahkam al-Quran - Surah An-Nisa - Chapter on Marrying Minors
Volume: (2) - Page Number: (344)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... and this is supported by what Muhammad ibn Ishaq narrated, who said: Abdullah ibn Abi Bakr ibn Hazm and Abdullah ibn al-Harith, among others whom I do not suspect, reported from Abdullah ibn Shaddad, who said: The Messenger of Allah (peace be upon him) married Umm Salamah to her son Salamah, and the Messenger of Allah (peace be upon him) married them to the daughter of Hamzah while they were both small children. They did not come together in marriage until they died. Then the Messenger of Allah (peace be upon him) said: "Has Salamah been repaid for his marriage to me by you, O mother?" This indicates, in two ways, what we mentioned earlier. The first is that he married them, and he was neither a father nor a grandfather, which shows that it is permissible to marry off minors without a father or grandfather. The second is that the Prophet (peace be upon him) did this, and Allah, the Exalted, said: "So follow him," meaning us, his followers, which indicates that a judge may marry off minors ....
- .... And since it is established from what we mentioned that the verse demonstrates the permissibility of a guardian marrying a minor girl to herself, it indicates that a guardian of an adult woman may marry her to himself with her consent. This also shows that the one contracting the marriage for both the husband and wife may be the same person, acting as an agent for both, just as it was permissible for the guardian of a minor girl to marry her to himself. Thus, the one effecting and the one accepting the marriage can be the same, and it also indicates that if he is a guardian to two minors, he may marry one to the other. Therefore, the verse demonstrates, from these perspectives, the invalidity of the opinion of Al-Shafi'i ....

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Reference: Ahkam al Quran Book 2

Hadith No: 27
Al-Zanjani - Takhrij al-Furu' ala al-Uusul - Issue: 10
Volume: (1) - Page Number: (192/193)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... The scholars differed regarding the subject of the marriage contract. Al-Shafi'i argued that its subject is the benefits, meaning the benefits of the marital relationship, and he supported this with two points. … Abu Hanifa, on the other hand, held that its subject is the specified asset characterized by permissibility, and he argued that its ruling is ownership of the asset, supporting this with four points, the first of which is …. The second point is that if what was contracted were benefits, it would not be valid to marry a nursing infant.

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Reference: Takhreej al Furoo Alal Usool Book 1

Hadith No: 28
Al-Dasūqī - Ḥāshiyat al-Dasūqī on al-Sharḥ al-Kabīr - Chapter on Ilā'
Volume: (2) - Page Number: (427)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And this excludes a wife, a concubine, and the mother of his child. If he swears regarding one of them that he will not have intercourse with her for more than four months, he will not be bound to that as an ilā'. His statement includes both the older and younger wives who cannot endure intercourse, but a time limit will not be imposed on them until they are able to.

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Reference: Hashiyato al dasooqi ala al sharh al kabeer Book 2

Hadith No: 29
Al-Shurbini - Mughni al-Muhtaj bi-Ma'rifat Ma'ani Alfaz al-Minhaj
Kitab al-Nikah - Chapter on What is Prohibited in Marriage
Volume: (4) - Page Number: (300)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Note: His statement: (no child) may be understood to mean that this is not a requirement for the wife rather, sexual intercourse with her is permissible even if she is a child who cannot be fully consummated.

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Reference: Mughni al-Mohtaaj ilaa Ma'refah Ma'aani Alfaadh Al-Minhaaj Book 4