The scholars said: It is understood from this that intercourse is indispensable, so that the word “marriage” is truly intended.

The scholars differed as to whether an erection—namely, the penis becoming erect—is required, and whether ejaculation is required. As for an erection, the correct view is that it is required, because pleasure in intercourse cannot occur without it. As for ejaculation, the well-known position of the madhhab is that it is not a condition: once intercourse takes place, she becomes lawful thereby. Some scholars, however, held that ejaculation is indispensable, based on the Prophet’s words, peace and blessings be upon him: “Not until you taste his sweetness and he tastes your sweetness.”

His statement, “and a woman in the state of ihram until she comes out of it”: the author did not say, “and a man in the state of ihram until he comes out of it,” because his discussion concerns women who are forbidden in marriage. Likewise, he did not say, “and the fornicator until he repents.” The discussion is about women who are forbidden, not men who are forbidden, even though a man in the state of ihram is likewise not permitted to marry until he comes out of ihram.

Thus, his statement, “and a woman in the state of ihram until she comes out of it,” applies whether she is in ihram for umrah or for Hajj, due to the hadith of Uthman ibn Affan (may Allah be pleased with him), who reported that the Messenger of Allah, peace and blessings be upon him, said: “A person in ihram may neither marry, give a woman in marriage, nor propose marriage.” (1)

The word “a person in ihram” is a descriptive term and constitutes the effective cause of the ruling. This ruling ceases when that description ceases; thus, once she comes out of ihram, marriage becomes permissible. This prohibition, then, lasts only for a specified period.

His statement, “until she comes out of it,” means the second release from ihram, because the first release from ihram