Is the divorce issued by a non-mature person (Sabi) valid if they comprehend the meaning and consequences of divorce?
General Chapter
Al-Mughni
Book of Divorce
Primary text
If a non-mature person does not comprehend the meaning of divorce, there is no disagreement that their divorce is invalid. However, for one who comprehends the divorce, understands that it pertains to their wife, and knows it renders her forbidden to him, the majority of narrations from Ahmad support that their divorce is valid (falls into effect). This view was favored by Abu Bakr, Al-Kharaqi, and Ibn Hamid. Similar opinions are narrated from Sa'id ibn al-Musayyib, 'Ata', Al-Hasan, Al-Sha'bi, and Ishaq. This ruling is supported by the saying of the Prophet, peace be upon him: 'Divorce belongs to the one who grips the shank,' and 'Every divorce is valid except the divorce of the mentally afflicted who is overpowered in his intellect.' Furthermore, this is a divorce issued by a rational person, occurring at the proper time for divorce, and thus it takes effect like the divorce of a mature person.
Supporting text
A minority view, narrated by Abu Talib from Ahmad, holds that the divorce of a non-mature person is not valid until they experience a wet dream (ihtilam). This is the opinion of Al-Nakha'i, Al-Zuhri, Malik, Hammad, Al-Thawri, and Abu 'Ubayd. Abu 'Ubayd mentioned this is the stance of the people of Iraq and the people of Hijaz. Similar reports are narrated from Ibn Abbas. The basis for this view is the Hadith: 'The pen has been lifted from the child until he experiences a wet dream,' and the reasoning that since they are not accountable (Mukallaf), their divorce should not be valid, similar to a lunatic.