be complete unless these conditions are met. A person does not derive full enjoyment if his wife is insane, for while having intercourse with her he may fear harm from her; or if she is a minor, for she does not satisfy his desire or relieve his longing. Likewise, a slave woman is deficient.
Accordingly, we say: there is no clear evidence for any of these conditions except the requirement of a valid marriage and intercourse, for the Messenger of Allah ﷺ said, “A previously married person for a previously married person” (1). The remaining conditions, however, are inferred from the underlying rationale.
Must these conditions remain in effect until the act of adultery takes place, or is that not required? That is, if it is assumed that he separated from his wife, or that she died, and he then commits adultery afterward, is he muḥṣan and therefore to be stoned, or not?
The answer is that he is muḥṣan and is to be stoned. These conditions need not continue thereafter: so long as they were present at the time of marriage, he is deemed muḥṣan. If he marries a minor girl, she remains with him, and dies before reaching maturity, then he is not muḥṣan.
Some later scholars held—though I find no evidence supporting their view—that these conditions must continue until he commits adultery. They said: if his wife dies or he separates from her while she is alive, he may need intercourse, and would then have some excuse, since he has no one with whom to enjoy lawful intercourse.
However, this view contradicts what the evidence indicates, for the evidence is that