the buyer, would lead to the mixing of fluids and the confusion of lineages. The difference between sale and marriage is that marriage is intended solely for enjoyment, so it is not permissible except with someone lawful to him; therefore, it is mandatory that it be preceded by istibra'. For this reason, it is not valid to marry a woman who is in her 'iddah, an apostate, a Magian, a polytheist, or someone forbidden due to breastfeeding or affinity. Sale, however, is intended for other purposes, so it is valid before istibra'. This is why it is valid in these prohibited cases, yet istibra' is required of the buyer for the reason we mentioned. As for a young girl who is not of an age to have intercourse, the apparent meaning of al-Khiraqi’s words is the prohibition of kissing her or touching her for pleasure before her istibra'. This is also the apparent meaning of Ahmad’s words in the majority of narrations from him, where he said: "She is to undergo istibra', even if she is in the cradle." It was also narrated from him that he said: "If she is young, with what can she undergo istibra' if she is a nursing infant?" In another narration, he said: "She undergoes istibra' with one menstrual cycle if she menstruates, and if not, then after three months, if she is one who could be had intercourse with and become pregnant." The apparent meaning of this is that her istibra' is not required, nor is touching her prohibited. This is the choice of Ibn Abi Musa and the view of Malik, and it is the correct view because the cause of permissibility is established, and there is no evidence for its prohibition; for there is no textual evidence for it, nor is there any meaning of a text. This is because the prohibition of touching an adult woman was only to prevent it from being an incitement to forbidden intercourse, or for fear that she might be an umm walad (mother of a child) to someone else, and neither is expected in this case. Therefore, one must act according to the requirement of permissibility. As for a woman with whom intercourse is possible, it is not permissible to kiss her or derive pleasure from her in anything other than the vagina before istibra', except for a captive woman, according to one of the two narrations. Al-Hasan said: Nothing is forbidden of a purchased woman except her vagina, and he may derive pleasure from her as he wishes, provided he does not touch [the vagina], because the Prophet (peace and blessings of Allah be upon him) only forbade intercourse, and because it is a prohibition on intercourse while ownership is established, so it is specific to the vagina, like menstruation. And our evidence is...