Replies

Just for the many Freepers who would rather post "WHERE'S YOUR SOURCE" than look things up themselves I refer to items like this, of which there were once many.

ﻣﺴﺄﻟﺔ 12 : ﻻ ﻳﺠﻮﺯ ﻭﻁﺀ ﺍﻟﺰﻭﺟﺔ ﻗﺒﻞ ﺇﻛﻤﺎﻝ ﺗﺴﻊ ﺳﻨﻴﻦ ، ﺩﻭﺍﻣﺎ ﻛﺎﻥ ﺍﻟﻨﻜﺎﺡ ﺃﻭ ﻣﻨﻘﻄﻌﺎ , ﻭ ﺃﻣﺎ ﺳﺎﺋﺮ ﺍﻻﺳﺘﻤﺘﺎﻋﺎﺕ ﻛﺎﻟﻠﻤﺲ ﺑﺸﻬﻮﺓ ﻭ ﺍﻟﻀﻢ ﻭ ﺍﻟﺘﻔﺨﻴﺬ ﻓﻼ ﺑﺄﺱ ﺑﻬﺎ ﺣﺘﻰ ﻓﻰ ﺍﻟﺮﺿﻴﻌﺔ ، ﻭ ﻟﻮ ﻭﻃﺄﻫﺎ ﻗﺒﻞ ﺍﻟﺘﺴﻊ ﻭ ﻟﻢ ﻳﻔﻀﻬﺎ ﻟﻢ ﻳﺘﺮﺗﺐ ﻋﻠﻴﻪ ﺷﻰﺀ ﻏﻴﺮ ﺍﻻﺛﻢ ﻋﻠﻰ ﺍﻻﻗﻮﻯ ، ﻭ ﺇﻥ ﺃﻓﻀﺎﻫﺎ ﺑﺄﻥ ﺟﻌﻞ ﻣﺴﻠﻜﻰ ﺍﻟﺒﻮﻝ ﻭ ﺍﻟﺤﻴﺾ ﻭﺍﺣﺪﺍ ﺃﻭ ﻣﺴﻠﻜﻰ ﺍﻟﺤﻴﺾ ﻭ ﺍﻟﻐﺎﺋﻂ ﻭﺍﺣﺪﺍ ﺣﺮﻡ ﻋﻠﻴﻪ ﻭﻃﺆﻫﺎ ﺃﺑﺪﺍ ﻟﻜﻦ ﻋﻠﻰ ﺍﻻﺣﻮﻁ ﻓﻰ ﺍﻟﺼﻮﺭﺓ ﺍﻟﺜﺎﻧﻴﺔ ، ﻭ ﻋﻠﻰ ﺃﻱ ﺣﺎﻝ ﻟﻢ ﺗﺨﺮﺝ ﻋﻦ ﺯﻭﺟﻴﺘﻪ ﻋﻠﻰ ﺍﻻﻗﻮﻯ ، ﻓﻴﺠﺮﻱ ﻋﻠﻴﻬﺎ ﺃﺣﻜﺎﻣﻬﺎ ﻣﻦ ﺍﻟﺘﻮﺍﺭﺙ ﻭ ﺣﺮﻣﺔ ﺍﻟﺨﺎﻣﺴﺔ ﻭ ﺣﺮﻣﺔ ﺃﺧﺘﻬﺎ ﻣﻌﻬﺎ ﻭ ﻏﻴﺮﻫﺎ ، ﻭ ﻳﺠﺐ ﻋﻠﻴﻪ ﻧﻔﻘﺘﻬﺎ ﻣﺎﺩﺍﻣﺖ ﺣﻴﺔ ﻭ ﺇﻥ ﻃﻠﻘﻬﺎ ﺑﻞ ﻭ ﺇﻥ ﺗﺰﻭﺟﺖ ﺑﻌﺪ ﺍﻟﻄﻼﻕ ﻋﻠﻰ ﺍﻻﺣﻮﻁ ، ﺑﻞ ﻻ ﻳﺨﻠﻮ ﻣﻦ ﻗﻮﺓ ، ﻭ ﻳﺠﺐ ﻋﻠﻴﻪ ﺩﻳﺔ ﺍﻻﻓﻀﺎﺀ ، ﻭ ﻫﻰ ﺩﻳﺔ ﺍﻟﻨﻔﺲ ، ﻓﺈﺫﺍ ﻛﺎﻧﺖ ﺣﺮﺓ ﻓﻠﻬﺎ ﻧﺼﻒ ﺩﻳﺔ ﺍﻟﺮﺟﻞ ﻣﻀﺎﻓﺎ ﺇﻟﻰ ﺍﻟﻤﻬﺮ ﺍﻟﺬﻱ ﺍﺳﺘﺤﻘﺘﻪ ﺑﺎﻟﻌﻘﺪ ﻭ ﺍﻟﺪﺧﻮﻝ ، ﻭ ﻟﻮ ﺩﺧﻞ ﺑﺰﻭﺟﺘﻪ ﺑﻌﺪ ﺇﻛﻤﺎﻝ ﺍﻟﺘﺴﻊ ﻓﺄﻓﻀﺎﻫﺎ ﻟﻢ ﺗﺤﺮﻡ ﻋﻠﻴﻪ ﻭ ﻟﻢ ﺗﺜﺒﺖ ﺍﻟﺪﻳﺔ ، ﻭ ﻟﻜﻦ ﺍﻻﺣﻮﻁ ﺍﻻﻧﻔﺎﻕ ﻋﻠﻴﻬﺎ ﻣﺎﺩﺍﻣﺖ ﺣﻴﺔ ﻭ ﺇﻥ ﻛﺎﻥ ﺍﻻﻗﻮﻯ ﻋﺪﻡ ﺍﻟﻮﺟﻮﺏ .

Ruling # 12: It is not permissable to have intercourse before (her) being 9 years old, be it in nikah (permanent marriage) or temporary marriage. And as for all other pleasures such as lustful touch, embracing, and thighing, there is no problem in it even with a suckling infant. If he does have sexual intercourse before nine years of age and does not penetrate, there is no penalty, but he has committed a sin. If he does penetrate causing the vagina and urethra openings to be one, she will become forever haram for him, but this is as a precaution. And it is more probable that her status as his wife is not removed. And the rulings of inheritance, and the prohibition of a fifth wife or marriage to her sister applies. And it is waajib upon him for her maintenance as long as she is alive, even if he divorces her and even if she marries after divorcing her as a precautionary measure. And it is waajib upon him for blood money for the penetration and the amount is equivalent to that of an individual. If she is a free-woman, the amount is half that of a man, plus the dowry that she became entitled to through the `aqd and penetration. If he penetrates his wife after the age of nine, she does not become haram to him and there is no evidence that blood money is liable, but as a precautionary measure, he should maintain her as long as she is alive, although it is more probable that this is not obligatory."

Source: al-Khomeini, Tahreer al-Waseelah, vol. 2, pg. 241, Kitaab al-Nikaah, Ruling # 12