Among his other conclusions is that he prefers the position of al-Shafiʿi and Ahmad: looking at the face of an unrelated woman without a need is impermissible, even when no desire is felt, because desire may suddenly be provoked. He said ⦗34⦘:
“Seclusion with a woman who is not one’s maḥram is therefore forbidden, for it is a setting that invites temptation. The fundamental rule is that anything that leads to temptation is not permissible; every avenue to corruption must be blocked unless outweighed by a stronger benefit. For that reason, any gaze that might lead to temptation is prohibited.”
I say:
Had earlier scholars—and contemporary writers—taken this very principle to heart, namely, “Whatever leads to temptation is not permissible,” and used it as a decisive proof for forbidding the gaze just mentioned, they would not have fallen into issuing certain fatwas that anyone versed in the fundamentals and branches of the Sharia knows inevitably result in manifest harm—such as the statement of some Hanafis: “It is permissible for an unrelated man to look at a bondwoman’s hair, arm, leg, chest, and breasts⦗1⦘,” or the claim of some other schools: