Is ghusl (ritual bathing) obligatory upon both parties in sexual intercourse if one or both parties are minors?
Chapter on What Necessitates Ghusl
Al-Mughni
Book of Purification
Primary text
Ghusl is obligatory upon both the penetrator and the penetrated if the act occurred, even if they are minors. Ahmad held this view, specifying that if the minor girl has reached nine years and is of an age typically subject to such acts, ghusl is required. He affirmed this obligation whether ejaculation occurred or not, and whether the minor was male or female. This ruling is supported by the action of Aisha, who mentioned that upon the meeting of the circumcised parts (*iltiqaa' al-khitaanayni*), ghusl becomes obligatory, and the consensus is based on her narration and the Prophet's practice where they both bathed after intercourse. The obligation here serves as a precondition for the validity of prayer, circumambulation (Tawaf), permissibility of reciting the Quran, and staying in the mosque, not necessarily because the minor incurs sin for omitting it.
Supporting text
The view of Al-Qadi was to interpret Ahmad's statement as recommending ghusl (Sunnah) rather than strict obligation (*wujub*). This is also the position of the Ashab al-Ra'y and Abu Thawr, based on the reasoning that a minor is not subject to accountability or religious obligation, similar to a menstruating woman regarding prayer purity. However, this interpretation is refuted by Ahmad's explicit declaration of obligation and his condemnation of this view as an evil statement.