How can Fatwa No. 21361 and Fatwa No. 11251 be reconciled, and who is the Mufti?
It is permissible to عقد (contract a marriage) with a young girl. As for istimtāʿ (enjoying her), it is permissible through waṭʾ (sexual intercourse) and other forms if she is able to tolerate men, even if she has not reached puberty. Although some have restricted this to nine years of age, that is not a definitive limit but rather based on what is common.
However, if she is unable to tolerate waṭʾ, such as a girl of three or four years, then istimtāʿ with her is not permissible, neither through waṭʾ nor otherwise.
If she is able to tolerate istimtāʿ but not waṭʾ, such as a girl of eight years, then one should refrain from istimtāʿ with her, fearing that it might lead to waṭʾ and cause her harm. In this case, her family must not hand her over to the husband.
The consideration for the possibility of waṭʾ depends on the girl's condition and her ability to tolerate it, not solely on age.
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