His statement, “When the marriage contract has been concluded”: the contract is concluded by the offer and acceptance.
His statement, “She must hand over the free woman,” means that handing over the free woman becomes obligatory.
The phrase “the free woman” excludes a bondwoman; her ruling will follow.
This issue has four situations:
First: the husband asks for her to come to his house. In that case, she must go to the house from the time the contract is concluded.
Second: he does not ask verbally, but his circumstances indicate his request—that is, there are signs showing that he wishes her to come to his house. In that case, it is required, for a man may be too shy to say, “Give me the girl,” while his circumstances indicate this—for instance, he may complain about having to go back and forth to her family’s home, or say, “How long are we going to wait?” and the like.
Third: her family ask him to take her, since he is her husband and her residence and maintenance are his responsibility.
Fourth: both the husband and her family remain silent. Then the matter is left to him, and he may ask for her whenever he wishes.
His statement, “one with whom intercourse is possible”: the scholars said that this is a girl of nine years. In reality, however, restricting it to a particular age in this context is open to question, for some girls reach nine years of age but intercourse with them is not possible because of their small build, thinness, or the like; while others may be eight years old and fit for intercourse. The correct view is that it should not be restricted to a particular age. Rather, it should be said: she is one with whom intercourse and intimacy are possible; such a woman must be handed over.
The apparent meaning of the author’s words is that she must be handed over even if she is menstruating.