What is the ruling regarding physical intimacy with a young, prepubescent enslaved girl before *istibra'*?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The apparent view from Al-Kharqi and most narrations from Ahmad is that touching or kissing her for desire is forbidden before *istibra'*, even if she is an infant. However, another view, which is preferred and adopted by Ibn Abi Musa and Malik, states that direct contact is permissible because the basis for prohibition (fear of forbidden intercourse or being an *umm walad*) is absent for infants, and no explicit text forbids it. The cause for permissibility is established, and physical intimacy short of intercourse is allowed.