Children and their status in Judaism and Christianity

 

لَا إِلَٰهَ إِلَّا ٱللَّٰهُ مُحَمَّدٌ رَسُولُ ٱللَّٰهِ‎ 

Starting with the name of Allah (Subhanahu wa ta'ala) The Most Merciful, the Entirely Merciful!


Me and some brothers have debated a lot of Jews and Christians in the past and some of our brothers still deal with them on daily basis. One of our brother, Brother Mustafa has refuted these Jews and Christians a lot on his website https://mustafa-apologist.blogspot.com/. I would recommend you all to check out his blog. This post and references mentioned therein are taken from his work.

The Christians and Jews always make a claim that the Prophet Muhammad Peace and Blessings Be Upon Him married a 6 year old and consummated at the age of 9. But they fail to realise that their books have mentioned the same things which they accuse Muslims of. And the case is that their books mention a lot more heinous things when it comes to children. 

First of all it is important to understand that the marriage can be done before the age of puberty but the 'consummation' of marriage should only be considered after the girl has reached age of puberty. And the technicalities of marriage considering the consent of girl is something else, which we will not delve into. These things have been very clear according to Islam. 

But, the Jews and Christians have following Verses mentioned in their books which include going in on children as young as 3 years old. Also keep in mind that Jesus did not come to change the law but to fulfil it (Matthew 5:17), hence the references mentioned are also a tight slap for the Christians. Let's have a look;

Child Marriages in Judaism 

The intercourse of a [girl] less than three years old is not intercourse, is a 'law of Moshe from Sinai.' 
(Rambam Introduction to the Mishnah 8:32) 

A girl who is three years and one day old whose father arranged her betrothal can be betrothed with intercourse, as, despite her age, the legal status of intercourse with her is that of full-fledged intercourse. (Talmud Sanhedrin 69a) 

A Jew may have sex with a child as long as the child is less than nine years old.
(Talmud Sanhedrin 54b) 

A Jew may marry a three year old girl (specifically, three years "and a day" old).
(Talmud Sanhedrin 55b) 

Rava said: We, too, learn in the following baraita that there is no legal significance to an act of intercourse with a girl less than three years old: A girl three years and one day old can be betrothed 
(Talmud Yevamot 57b:3)

Ravina said: Therefore, with regard to a female gentile child who is three years and one day old, since she is fit to engage in intercourse at that age, she also imparts impurity as one who experienced 
(Talmud Avodah Zarah 37a:1) 

A girl of the age of three years and one day may be betrothed by intercourse (Talmud Niddah 44b)

In Judaism a girl age 9 is considered grown up

The Gemara asks: And how old must a child be to be considered grown up for the purposes of this halakha? Rav Adda bar Rav Azza says that Rav Asi says: A girl must reach the age of nine years and one day; a boy must reach the age of twelve years and one day. 
(Talmud Kiddushin 81b) 

The intercourse of a girl less than three years old is not intercourse, is a 'law of Moshe from Sinai.' 
(Rambam Introduction to the Mishnah 8:32) 

The Gemara asks: And now that it has been established that the halakha with regard to the intercourse of a three-year-old girl is a halakha transmitted to Moses from Sinai, why do I need a verse? 
(Talmud Niddah 32a) 

Notice when Christians get cornered regarding when asked "what is the age consent for marriage in the bible they respond by saying the bible didn't mention it. little do they know the rabbis have already answered that and concluded, "it has been transmitted to Moses from Sinai WHY DO I NEED A VERSE?" i.e. the oral law has mentioned it no need to find it in the Torah. 

Amazing! the Jews believe their oral sanad (transmission) is s strong they don't even need the written Torah to confirm it. 

"it has been transmitted to Moses from Sinai WHY DO I NEED A VERSE?" 

Thus, child marriage is not prohibited rather permitted in Judaism. If you have a problem take it up with the rabbis. 

Judaic child marriage which neither Yahweh or Jesus condoned 

A man can betroth [a woman] through himself or through his agent. A woman may be betrothed through herself or through her agent. A man may give his daughter in betrothal when a young girl נַעֲרָה [either] himself or through his agent. He who says to a woman, (Mishnah Kiddushin משנה קידושין Chapter 2:1)

Mishna states,  "A man may give his daughter in betrothal when a young girl נַעֲרָה [either] himself or through his agent." Hebrew word  נַעֲרָה narrah is used thus, making the girl anywhere between 3 9 years old."

Some more examples

GEMARA: Rav Yehuda said that Shmuel said: What is the reason of Beit Shammai for ruling that a married minor girl may not perform refusal? It is because there are no conditions with regard to marriage. Although a betrothal can be conditional, the condition is nullified upon consummation of the marriage. Likewise, marriage cannot be conditional, as the sexual relationship is not subject to conditions. And if a married minor girl would refuse, others may mistakenly think this to be a condition with regard to the marriage of an adult woman, and they will come to say that there can be a condition with regard to marriage. 
(Talmud Yevamoth 107a)

"A Gentile girl who is three years old can be violated." 
(Aboda Zarah 37)

This means that if a man unwittingly engaged in intercourse with a three-year-old girl who was married to another man, he is liable to bring a sin-offering, but there is no liability to receive the death. 
(Talmud Sanhedrin 69b:2)

This seems to indicate that the death penalty is imposed for all types of forbidden intercourse with a three-year-old girl, even if the intercourse is forbidden as a result of her being married. 
(Talmud Sanhedrin 69b:4)

Notice how Sanhedrin 69b:2 says, man is to be punished if he enraged in intercourse with a three year old girl if she is MARRIED to another man. Thus, a girl three years old could get married and its perfectly fine in the eye of Yahweh since he or his alleged son did not condemn such practice.

If a girl has intercourse before the age of three her hymen will repair itself. After the age of three, it will not. This, to the rabbis, means that after the age of three, intercourse "counts" in a legal sense. 
(Mishna Niddah 5:4)

My teacher, at what age is a woman fit to marry, i.e., at what age is it appropriate for a woman to engage in intercourse, which would therefore be the appropriate time to marry? Rabbi Yehuda HaNasi said to her: She must be at least three years and one day old. Yusteni further inquired: And at what age is she fit to become pregnant? Rabbi YehHuda aNasi said to her: When she is at least twelve years and one day old. 

She said to him: I married when I was six, and gave birth a year later, when I was seven. Woe for those three years, between the age of three, when I was fit for intercourse, and the age of six, when I married, as I wasted those years in my father’s house by not engaging in intercourse. 
(Talmuld Nidda 45a)

It’s true that in the times of the Bible and Talmud that child marriages were permitted. An attempt at marriage initiated by a male minor is nugatory (Kiddushin 50b) and doesn’t even require a divorce (Yevamot 112b). The Talmud, however, teaches that a father can betroth his daughter (on her journey from ketannah to na’arah to bogeret) of only three years and one day old (Sanhedrin 55b, Kiddushin 41). She can later protest (me’un) and get out of the marriage (Even Ha’Ezer 155). Yet, we also know that, according to many, these betrothals are forbidden because a bride needs to be able todecide whom she wants to marry (and a child cannot know that).

A female child less than three-years-old and one day that was taken as a wife, even if an adult had relations with her, her ketubah is 200 [zuz]; a child less than 9-years-old and a day that had relations with an adult woman, her ketubah is worth 200 [zuz], but only if he did not break her hyman, but if he broke her hyman, she gets only 100 [zuz]
(Halakhah Shulchan Arukh, Even HaEzer Siman 67)

Kiddushin 10a:10-10b:2 

Rava said: Come and hear a resolution from a baraita: A girl who is three years and one day old can be betrothed through intercourse, and if her yavam engaged in intercourse with her, he has acquired her. And if she is married, one is liable if he engages in intercourse with her, due to her status as a married woman. And if she is impure as a menstruating woman, she renders one who engages in intercourse with her ritually impure for seven days.

And he renders impure the object upon which he lies like the upper one. One who engages in sexual intercourse with a menstruating woman renders the objects upon which he lies ritually impure even if he has no direct contact with them.

And if she marries a priest she may partake of teruma from that point onward. And if one of those with whom sexual relations are forbidden by the Torah (see Leviticus, chapter 18) engages in intercourse with her, he is put to death due to his sin with her, and she is exempt from punishment as a minor. And if someone of unfit lineage, i.e., a man who would disqualify her from marrying a priest if he engaged in sexual intercourse with her, engages in intercourse with her, he has disqualified her from marrying into the priesthood. This concludes the baraita.







Rabbi Akiva saw his students looking at each other, puzzling over this ruling. He said to them: Why is this matter difficult in your eyes? They said to him: Just as the entire Torah is a halakha transmitted to Moses from Sinai, so too this halakha of a girl who engaged in intercourse when she was less than three years old,i.e., that sheis fit to marry into the priesthood, is a halakha transmitted to Moses from Sinai, and it applies whether sheengaged intercourse against her will or with her consent. The Gemara notes: And even Rabbi Akiva did not say to the woman that she was unfit to marry into the priesthood because that is the halakha; rather, he did so only to sharpen the minds of his students with his statement. 
(Talmud Niddah 45a)

The High Priest must marry a virgin, and the term virgin refers only to a maiden. And a verse similarly states: “And the maiden was very fair to look upon, a virgin, and no man had known her”(Genesis 24:16) 
(Talmud Yevamot 61b) 

The Hebrew word used for maiden is נַעֲרָה referring to 3 year old.


Marriage of Rebecca 

Take for example the age of Rebecca when she married Isaac. According to Jewish rabbinic commentary she was 3 years old.

The Torah itself testifies that Yitzchak was 40 years old when he married Rivkah , which makes Rivkah 3 years old when she was married. 
(Rabbeinu Bahya, Bereshit 24:67:1) 

Rashi’s calculation goes as follows: Rivkah was married at 3 years, and was 23 years old when she gave birth to Esau and Yaakov. 
(Daat Zkenim on Genesis 25:20:1) 

Even if she is deaf or mentally ill and her father marries her off, she is considered a married woman and if she is at least 3 years and a day old, she can be married through sexual intercourse with the knowledge of her father. 
(HALAKHAH Shulchan Arukh, Even HaEzer Siman 37) 

Rather, the halakha with regard to the intercourse of a girl aged three years and one day is a halakha transmitted to Moses from Sinai, whereas the halakha with regard to the menstruation of a one-day-old girl is derived from a verse. The Gemara asks: And now that it has been established that the halakha with regard to the intercourse of a three-year-old girl is a halakha transmitted to Moses from Sinai, why do I need a verse? 
(Talmud Nidda 32a)

Some More....




Well, there is nothing more to say. Just do not forget to visit 
https://mustafa-apologist.blogspot.com/ and learn from more of his good works.

Raza Ul Mun'im Ibn Muhammad Hanafi Athari
Community For Islamic Research

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