What is the condition for the divorce (Talaq) of a minor (boy) to be valid?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 1

Open in Qurani

Primary text

The prevailing narration from Ahmad ibn Hanbal, favored by Al-Qadi, dictates that the divorce of a minor is valid if the minor possesses comprehension ('aql). Abu Al-Harith narrated from Ahmad that divorce is valid if the boy comprehends it, specifically mentioning the age range between ten and twelve years. This indicates that divorce is not valid for those under ten. This view is supported by Abu Bakr, who analogized this limit to the age limit set for corporal punishment for neglecting prayer and fasting, and for the validity of a will (Wasiyyah).