The wisdom behind stipulating intercourse is so that it will not be assumed that the marriage is merely for the purpose of rendering her lawful for her former husband; moreover, intercourse is evidence of a man’s desire for the woman.
As for those scholars who say that what is meant by marriage in the verse is intercourse, this is open to question—unless they mean intercourse within a valid marriage, in which case it is correct. For Allah says, “until she marries another husband.” The woman is the one with whom intercourse is had, not the one who performs it; thus, the active expression should not be interpreted as a passive one. It is true that marriage, in the sense of the contract, is attributed to her; but intercourse is not attributed to her as the active party. Rather, she is the object of intercourse, since she is penetrated and does not penetrate.
If someone were to say: If this is your position, then what is the benefit of His saying, “until she marries another husband”? Marriage to a husband apparently precedes intercourse, and He did not say, “another man.” This indicates that husbandhood precedes intercourse, since he cannot be a husband except through a contract. Does this not mean that marriage here refers to intercourse?
We reply: Allah said, “until she marries another husband,” to indicate that this marriage must be effective and must produce its legal consequence—namely, the status of being spouses. This means that the marriage contract must be valid. This is one explanation. Another is that it is phrased in consideration of what he will become: once he enters into the marriage contract, he becomes a husband.
His statement, “in her vagina,” excludes the anus. Thus, if he has intercourse with her anally, she does not become lawful for the first husband, because the tasting of sweetness is not attained through anal intercourse. Moreover, the anus is not a place for this; penetration there is like penetration between the thighs and carries no legal weight.
His statement, “even if he is an adolescent,” means even if the husband is an adolescent, and an adolescent is