while she is in her postnatal bleeding, and he has intercourse with her. Does she become lawful for the first husband? She does not, because this intercourse is forbidden as a right due to Allah; thus, it has no legal effect, just as we said regarding menstruation.
His statement, “or while in a state of consecration,” means that she does not become lawful through intercourse while one is in a state of consecration for Hajj or Umrah, because intercourse while in consecration is forbidden. Whatever is forbidden does not produce its legal effect, nor can it validate anything—just as if one were to pray on usurped land.
His statement, “or during an obligatory fast,” means that she likewise does not become lawful through intercourse during an obligatory fast—whether it is the fast of Ramadan, a make-up fast for Ramadan, a fast in expiation, a fast in compensation, or any other kind. What matters is that the fast is obligatory; therefore, she does not become lawful, because it is forbidden intercourse.
The implication of his statement, “or during an obligatory fast,” is that if he has intercourse with her during a voluntary fast, she becomes lawful, because intercourse is permissible: completing a voluntary act of worship is not obligatory. Since completing a voluntary fast is not obligatory, it is permissible for a husband to have intercourse with his wife while observing a voluntary fast. This is the view adopted by the author.
Some scholars said that she becomes lawful through intercourse in these circumstances, based on the general wording of the hadith. The Prophet ﷺ said: “No, not until you taste his sweetness and he tastes your sweetness.” This includes whether the intercourse is lawful or unlawful, though he would be sinful. Intercourse is not an act of worship such that we would say it is invalid when performed unlawfully, as with prayer on usurped land. Rather, intercourse is a condition for her becoming lawful. This view is more correct. Thus, if he undertook an unlawful journey, it would be