What is the ruling on the paternity of a child born to a wife whose husband is prepubescent (under ten years old)?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the husband is a child under ten years of age and his wife gives birth, the lineage is not attributed to him because a child of that age is not expected to have sired offspring, nor is he capable of intercourse.
Supporting text
If the husband is ten years old, the child is attributed to him. The evidence is the Prophet's command to discipline children for prayer at ten and separate their sleeping places, which implies capability. Al-Qadi stated that attribution is valid even if the birth occurs after nine and a half months (the length of gestation), based on the fact that girls can give birth at nine. Abu Bakr argued that lineage is not established until the husband reaches puberty because semen must be discharged, which requires maturity.