His statement, “sane,” excludes two insane persons; and “free,” excludes two slaves. Thus, iḥṣān (legal marital status establishing liability to stoning) has five conditions:

First: intercourse.
Second: a valid marriage.
Third: maturity on the part of each spouse.
Fourth: sanity.
Fifth: freedom.

His statement, “If any one of these conditions is absent in either of them, then neither is deemed muḥṣan”: if a man contracts marriage with a woman and engages in intimacy with her but does not have intercourse with her, then commits adultery, he is not to be stoned. Likewise, if she commits adultery, she is not to be stoned—unless she had previously been married to another husband and intercourse had taken place, in which case she is to be stoned, because the ruling may apply to one spouse and not the other.

If he has intercourse with his wife after marrying her without a guardian, while he is among those who hold that such a marriage is invalid, he is not to be stoned, because it is not a valid marriage.

If he marries her while she is a minor who has not reached maturity and has intercourse with her, he is not to be stoned, because he is not muḥṣan, since she has not reached maturity.

Likewise, if he marries an insane woman who has reached maturity and has intercourse with her, he is not to be stoned, because he is not muḥṣan.

The same applies if a free man marries a slave woman: he is not to be stoned, because he is not muḥṣan.

Conversely, if a slave man marries a free woman, there is no iḥṣān for either of them.

As evidence for these conditions, they say: for the completion of the blessing does not