it counts as intercourse. This is why it necessitates ghusl, establishes the entitlement to the bridal gift, establishes lineage, and entails all the rulings that follow from complete penetration. Therefore, if penetration takes place, even to the extent of the glans, reconciliation is established, and it is said that this man has returned—that is, returned to marital relations. But does this bring about complete pleasure? No. If a man were to have intercourse with his wife only to the extent of the glans, we would say that he has not lived with her honorably. Moreover, it is reported in a hadith that the Messenger of Allah ﷺ forbade a man from withdrawing before the woman has fulfilled her need, and from rushing her. (1) So how can we say that this man has returned to honorable marital relations merely because he inserted the glans?!

His words, “then he has returned,” employ the word “returned” in accordance with the Quran: “But if they return, then surely Allah is All-Forgiving, Most Merciful.” [al-Baqarah 2:226]

His words, “otherwise, he is ordered to divorce,” mean: if he does not do so, the judge tells him, “Divorce her.” But is he ordered to divorce even if the woman does not request it?

The answer is that the apparent meaning of the author’s words is that he is ordered to divorce even if she does not request it. But this is not what is intended. Rather, the judge has no right to order him to divorce her unless the woman requests it, because the right belongs to her. She may say, “I am content to remain with him even if reconciliation does not take place,” because she wishes to remain in her home, with her children, and in her residence. But if she makes the request and says, “Either he returns or he divorces,” the judge orders him to divorce.

“If he refuses, the judge pronounces one divorce against him, or three divorces, or annuls the marriage. If he has intercourse anally or engages in intimacy short of intercourse, then he has not returned. If he claims that the period remains, or that he had intercourse with her, and she is previously married, his statement is accepted with his oath. But if she is a virgin, or claims virginity, and a trustworthy woman testifies to that effect, her statement is accepted, …”

His words, “if he refuses, the judge pronounces [a divorce] against him,” mean: against the one who swore abstinence.