Is it permissible to have intercourse with prepubescents according to 65:4?

Question

I heard that Surah Talaq Ayat 4 (65:4) proves that it is halal to have sexual intercourse with pre pubescent wives. I wonder if this is true?

I searched it but every website says different thing. One say, yes it is permissible to have sex with a prepubescent girl one says yes it is permissible but she has to be ready (I can't understand how can a prepubescent be ready for it either), another one say, those who haven't menstruate yet means big girls like 16 year olds who haven't menstruate due to medical reasons. Which one is true? Is it permissible to have sex with for example like 3 or 4 years olds or even a baby as long as she is your wife?

And one more thing, if it not permissible (which i hope so) to have intercourse with these little children, is it permissible to use their organs, or kiss them, etc.? Lastly, can this girl ask for divorce in a situation like that when she becomes mature even if her husband doesn't allow it?

Thank you so much.

Answer 1

Marriage (the contract) is permissible with a minor, according to the majority view. Although many of the scholars have noted such a marriage to be discouraged under normal circumstances.

Being a minor is however a legal obstacle to the consummation of marriage i.e. handing over the bride to the husband and allowing him to have intercourse, because a minor will be harmed by it. There are different madhabs on the threshold after which it is removed, for example:

اختلفوا في وقت الدخول بالصغيرة، فقيل: لا يدخل بها ما لم تبلغ. وقيل: يدخل بها إذا بلغت تسع سنين. وقيل: إن كانت سمينة جسيمة تطيق الجماع يدخل بها، وإلا فلا

There is difference on the time of consummation with a minor, some have said: it can not be consummated until she reaches maturity, and some have said: it can be consummated when she reaches nine years of age, and some have stated: when she has reached physical maturity to have intercourse the marriage can be consummated

^{— Al-Bahr ar-Raiq}

The verse (65:4) is compatible with all the views, because it is possible for a woman to be considered an adult while she has not menstruated. That can be for example if she has passed some other criterion of puberty or if she is of an advanced age where adulthood is pronounced in the absence of signs of puberty.