He [Marzawi] said: If a man adulterates with a girl like those with which no sex can be had, and opens her [afdaaha], there is no punishment upon him.
This is because the obligation of punishment for adultery rests on completion of the act, and the act is not fully realized without full intent; it is clear that it was not the intent when he opened her, in contrast to if he had adulterated with her but did not open her, since it is clear that she was the intent of this act when she put up with the sex, and since legal punishment is prescribed in reprimand, and reprimand is prescribed for what one's nature is inclined towards, but the nature of rational people is not inclined towards intercourse with little girls who can not feel desire and who can not bear the sex; for this reason there is no punishment due him, although he may be given a discretionary punishment [ta'zir] for committing what is not lawfully permissible to him. If the passage of urine becomes blocked, he is obliged to give a third of the indemnity as well as the bride price – a third of the indemnity for the penetrating injury, and the bride price for the intercourse. Indeed intercourse with someone else's property necessarily implies punishment or penalty, but the punishment is lifted due to the uncertainty of something having been lacking in this act; however the bride price is obliged since it can be affirmed in spite of this uncertainty; intercourse is nothing more than genitals penetrating into genitals, and this is the case with him.