Second:
It may be said: If this wording was indeed revealed (1), there is no doubt that it is not [established] (2) as part of the well-known recitation. It would therefore be abrogated, having been revealed (3) when temporary marriage was permissible. When temporary marriage was prohibited, this wording was abrogated; and (4) the command to pay in the time-limited case serves to underscore the duty of payment in permanent marriage.
The strongest that can be said is that these are two recitations and both are true. The command to pay for enjoyment until an appointed term (5) is binding whenever such enjoyment is lawful (6). [That can only be the case if enjoyment until an appointed term is lawful.] (7) This was so at the beginning of Islam. The verse therefore contains nothing to indicate that enjoying a woman until an appointed term is lawful. He did not say, “You have been permitted to enjoy them until an appointed term.” Rather, He said:
“So for whatever enjoyment you have had from them, give them their bridal gifts.”
This encompasses whatever enjoyment actually occurred, whether it was lawful or involved intercourse under a mistaken presumption of legality.
For this reason, the dower is due in an invalid marriage according to the Sunnah and scholarly consensus. A man who believes temporary marriage to be lawful and enters into one must pay the dower. Prohibited enjoyment, however, is not encompassed by the verse. If a man had relations with a woman without a marriage contract and with her willing participation, it would constitute unlawful sexual intercourse, for which no dower is due. If she was coerced, the matter is subject to a well-known disagreement.