intercourse—whether she is nine, ten, or eleven years old—because women differ. Some girls may be able to bear intercourse at eight years of age, while others may be unable to bear it even at ten or eleven. Thus, specifying nine years is based on what is generally the case.

A somewhat comparable example is that many scholars have set the age of discernment at the completion of seven years, even though some children may attain discernment before that age, while others may not attain it until later. Yet discernment generally comes at seven years of age. It is well known that rare and exceptional cases do not invalidate general rules. Therefore, if nine years is the general norm, it should serve as the stipulated age, since this is more conducive to setting a clear standard for people and avoiding dispute. Thus, if he takes her into his care when she is nine years old, he must provide for her, because by taking her into his care he is able to enjoy marital relations with her to the fullest extent.

His statement: “or she makes herself available to him” means that she says, “There is nothing preventing us from consummating the marriage,” but the husband says, “I do not want her now; I have examinations for a month, and I will take her after this month.” During that month, maintenance is obligatory upon the husband, because the withholding is on his part.

His statement: “even if the husband is young.” An example is a person who is seven years old—and one of that age is not capable of intercourse—who marries a ten-year-old girl. If he takes her into his care, he must provide for her, because the impediment to marital enjoyment is on the husband’s side. As for the wife, she has no impediment and is fit for marital enjoyment; therefore, since the impediment is on his side, we hold him responsible for her maintenance.