We have discussed the main arguments for the age of 9 being the maximum age at which a girl can become baligh. Now we can discuss Ayatullah Saanei's point of view and his proactive arguments. He believes that the maximum age is 13, and that there is no actual proof for 9.
How can it be 9, which adds a huge weight on girls who do not have physical growth and are not even ready to be married. Is this not against the law of tolerance/liberality (سماحة) and ease? If the other signs are there, that is a different case.
Saanei uses a range of methods, the first of which is detailed in this blog:
Method 1 – Hadith of Ammar Saabati
“I asked him [Abu Abd Allah] about when a young man has to pray and he replied: “When he reaches 13. If he has a wet dream before then, then he has to pray, and the pen starts writing [good and bad deeds] and for a young girl, it is like that as well, if she reaches 13 or has her period before then, then she has to pray and the pen starts writing [good and bad deeds]”
This narration is clear, and the chain of narrations is strong (موثق – not صحيح though).
Problems with this:
1. The majority say that it is 15 not 13 for boys. So if this is not correct, the rest of the narration might have to be dropped.
Answer: just because the first part of the narration is in contradiction with many narrations that mention 15 rather than 13 for boys, does not mean the remainder of the narration is not reliable.
2. No jurist has said that the age of bulugh for girls is 13
Answer: Shaykh Tusi used this narration as something that can be the basis of legal rulings. In addition, the widespread opinion that the age is 9, only came after Shaykh Tusi, and this widespread opinion cannot be relied upon (by itself) because it only is based on Shaykh Tusi’s opinion, and it is not the widespread opinion of the early scholars - only those after Shaykh Tusi.
3. Ammar Saabuti is from the Fat-hi sect.
Answer: Shaykh Tusi mentioned this but said that in spite of this, he is trustworthy, and there is no problem with him. Najashi also considered him trustworthy in our early books of Rijal. Allama Hilli says that he is trustworthy….
4. The narration contradicts those which talk about the age of 9, and because of the number of the narrations that discuss 9, those should be given precedence due to the higher probability that they are true, in addition to the fact that this is supported by the majority held view.
Answer: As has been discussed previously, these narrations are not about reaching the age of bulugh at 9, and therefore there is actually no contradiction.
If we accept that there is some link to reaching bulugh at 9, we realise that this narration in clear in what it says, whereas those are not clear, and therefore, there is no actual contradiction, as what is clear always takes precedence.
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