Veria - Claim Fact Check

Claim: A Shia Muslim source includes a quote stating that it is not illegal for an adult male to place his penis between the thighs of a child who is 2 to 3 years old, i.e., still in the age of weaning.

80%

Fact-Check Analysis

Reasoning:

The Shia source exists and is authentic: The claim refers to a well-documented ruling from Ayatollah Ruhollah Khomeini's Tahrir al-Wasilah (also spelled Tahreer al-Waseelah), a major Shia jurisprudential text and commentary on Islamic law. This book is published by the Institute for Compilation and Publication of Imam Khomeini's Works and is available in both Arabic and English translations¹.
The ruling is accurately represented in substance: Khomeini's text states: "Intercourse with a woman is not allowed unless she attains the age of nine years regardless whether the marriage is permanent or temporary. There is, however, no objection in other enjoyments like touching lasciviously, hugging and rubbing the thighs, even with a suckling infant"²¹. The Arabic term "al-tafkhīḏ" (التفخيذ) refers to placing the penis between the thighs as a substitute for intercourse².
The specific wording is not an exact quote: The claim states the source says "a child who is 2 to 3 years old, i.e., still in the age of weaning." However, the actual text uses the term "suckling infant" (Arabic: الرضيعة), not "2 to 3 years old, i.e., still in the age of weaning"². The "2 to 3 years old" and "still in the age of weaning" phrasing appears to be an explanatory paraphrase or interpretation by the person making the claim, rather than a direct quote from the source.
The age specification is an interpretation, not a direct translation: In Islamic tradition, breastfeeding is typically mentioned as extending up to two years (Quran 2:233), and the term "suckling infant" generally refers to a child who is currently being breastfed, which is typically younger than 2-3 years³⁴. While the substance of the claim (permissibility with a very young child who is breastfed) is accurate, the specific ages "2 to 3 years old" are not the exact wording of the original text.
Important context: This ruling is part of Khomeini's broader jurisprudential commentary and is not representative of all Shia legal opinion. Modern Muslim countries have increasingly reformed their civil laws regarding minimum marriage ages, and this specific ruling does not represent a universal Islamic legal consensus².

Overall validity: 80%