that its ruling be established and its evidence be judged as valid, just as it is judged that he is a male by the exit of urine from his phallus, or a female by its exit from her genital opening, or that a boy has reached puberty by the exit of semen from his phallus, and a girl by the exit of menstruation from her genital opening. According to this, if both [semen and menstruation] exit simultaneously, it is not established that he is a male nor a female, because the two pieces of evidence contradict one another, resembling the case where urine exits from both genital openings. Does puberty then be established by this? There are two views: One of them is that it is established; this is the preference of al-Qadi and the school of al-Shafi'i, because if he is a male, then semen has exited from his phallus, and if he is a female, then she has menstruated. The second is that it is not established, because it is possible that this is neither menstruation nor semen, so there is no evidence in it, and their contradiction indicates this; thus, their evidentiary value for puberty is negated, just as their value for masculinity and femininity is negated. And Allah knows best.

811 - Issue: He said: (And likewise the girl, even if she has not married.)

He means that when a girl reaches puberty and her maturity is discerned after her puberty, her wealth is handed over to her and the interdiction (hajr) is lifted from her, even if she has not married. This is the opinion of 'Ata', al-Thawri, Abu Hanifah, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. Abu Talib reported from Ahmad: Her wealth is not handed over to the girl after her puberty until she marries and gives birth, or one year passes for her in the house of her husband. This was narrated from 'Umar, and it is the opinion of Shurayh, al-Sha'bi, and Ishaq, due to what was narrated from Shurayh that he said: "'Umar ibn al-Khattab, may Allah be pleased with him, made a covenant with me that I should not authorize a gift by a girl until she has spent a year in her husband's house or has given birth to a child." Sa'id narrated it in his "Sunan," and there is no known dissenter to it, so it became an consensus (ijma'). Malik said: Her wealth is not handed over to her until she marries and her husband consummates the marriage with her, because in every state where it is permissible for the father to marry her off without her permission, the interdiction is not lifted from her, just like a minor.