The point is that if she becomes pregnant from his semen, then she need not observe a waiting period, because he neither had intercourse with her nor was alone with her in seclusion. Yet Allah, Exalted is He, says: “before consummating the marriage with them.” So we say: Do you not yourselves hold that if he has intercourse with her while being someone who is not of an age at which he can father a child, then she need not observe a waiting period, because pregnancy is impossible? This seems to indicate that, in your view, the determining factor is the possibility of pregnancy. If she becomes pregnant from his semen, then why should she not be required to observe a waiting period?

There is no doubt that this view is open to objection, for one of the strongest reasons for requiring a waiting period is to establish that the womb is clear. Here, however, we know that the womb is occupied, so how can there be no waiting period? For this reason, the author’s view here is considered weak. The correct view is that she must observe a waiting period.

But note that even if we were to say that she is not required to observe a waiting period, she could not marry while pregnant with this husband’s child until she gives birth. That is unavoidable. Yet we would not say that she is observing a waiting period for her husband; rather, she is prevented from marrying solely because her womb is occupied. Hence, the second view in this matter—which is the correct one—is that a waiting period is obligatory if she becomes pregnant from her husband’s semen. This is the practical reality, because we will prevent her from marrying, and the child’s lineage is ascribed to the husband. Thus, if the child is his and she is prevented from marrying on account of his child, then that is the waiting period. This is the correct view even according to the school, though the author has departed from the school’s position in this issue. As for the answer concerning the verse, namely that Allah mentioned consummation, it is because it is a cause of pregnancy.

His statement, “or he kisses her,” means that he kisses his wife.

His statement, “or he touches her without seclusion, then there is no waiting period”: he kisses her but without being alone with her in seclusion, such as in the presence of her father or mother; or he touches her—for example, he shakes her hand—even if