[concerning] divorce, and he knows that his wife becomes irrevocably divorced by it and becomes prohibited to him, then the majority of the narrations from Ahmad are that his divorce takes effect. This is the opinion chosen by Abu Bakr, al-Khiraqi, and Ibn Hamid. A similar view has been narrated from Sa'id ibn al-Musayyab, Ata', al-Hasan, al-Sha'bi, and Ishaq. Abu Talib narrated from Ahmad: His divorce is not valid until he reaches puberty (ihtilam). This is the opinion of al-Nakha'i, al-Zuhri, Malik, Hammad, al-Thawri, and Abu Ubayd. Abu Ubayd mentioned that it is the opinion of the people of Iraq and the people of the Hijaz. A similar view is narrated from Ibn Abbas, based on the saying of the Prophet, may Allah bless him and grant him peace: "The pen is lifted from the boy until he reaches puberty." Furthermore, he is not legally responsible (mukallaf), so his divorce does not take effect, like that of the insane person. The evidence for the first [opinion] is his, peace be upon him, saying: "Divorce is for whoever takes the shank [i.e., the one who possesses the authority of marriage]." And his saying: "Every divorce is valid except the divorce of the mentally deficient person who has lost his faculty of reason." It is narrated from Ali, may Allah be pleased with him, that he said: "Conceal marriage from young boys," from which it is understood that the purpose is that they should not divorce. Also, because it is a divorce from a rational person that coincides with the proper locus of divorce, so it takes effect, like the divorce of an adult.

Section: The majority of the narrations from Ahmad define the boy whose divorce takes effect as one who possesses the capacity to reason. This is the opinion chosen by the Qadi. Abu al-Harith narrated from Ahmad: If he possesses the capacity to reason [concerning] divorce, his divorce is valid, between the ages of ten and twelve. This indicates that it does not take effect for one under ten. This is the opinion chosen by Abu Bakr; because ten is the limit for striking [for failing to perform] prayer and fasting, and for the validity of a will, so it is the same for this. From Sa'id ibn al-Musayyab: If he maintains his prayers and fasts Ramadan, his divorce is valid. Ata' said: When he reaches the age to have intercourse with women. From al-Hasan: When he possesses the capacity to reason, maintains his prayer, and fasts Ramadan. Ishaq said: When he passes twelve.

Section: Whoever permits the divorce of a boy, his school of law dictates that it is permissible for him to appoint an agent for it, and for him to act as an agent for someone else. Ahmad alluded to this, saying regarding a man who said to a boy: "Divorce my wife." He said: "I have divorced her," and the ruling does not apply to her until he possesses the capacity to reason [concerning] divorce. It was said to him: What if he has a young wife, and she said: "Delegate my affair to me." He said to her: "Your affair is in your hand." She said: "I have chosen myself." Ahmad said: "It is nothing, unless one like her possesses the capacity to reason [concerning] divorce." Abu Bakr said: "It is not valid for him to appoint an agent until he reaches puberty." And he narrated it from Ahmad.