the punishment, and the blessing in the sane, pubescent person is more complete. And Allah knows best. The seventh condition is that completeness be found in both of them at the time of the intercourse; so a sane, free man has intercourse with a sane, free woman. This is the opinion of Abu Hanifa and his companions, and similar to it is the opinion of 'Ata', Al-Hasan, Ibn Sirin, Al-Nakha'i, Qatadah, Al-Thawri, and Ishaq. They said this (36) regarding slaves. Malik said: If one of them is complete, he becomes Muhsan, except for a minor if he has intercourse with an adult woman, he does not render her Muhsan, and something similar is narrated from Al-Awza'i. There is a difference of opinion regarding Al-Shafi'i; it is said he has two opinions: one is the same as our opinion, and the second is that the complete person becomes Muhsan. This is the opinion of Ibn al-Mundhir, because he is a free, pubescent, sane person who had intercourse in a valid marriage, so he becomes Muhsan, as if the other were like him. Some of them said: The two opinions only concern the minor, not the slave, for he becomes Muhsan, by a single opinion, if he is complete. Our argument is that it is an act of intercourse by which neither of the two participants is rendered Muhsan, so the other is not rendered Muhsan either, like concubinage. And because whenever one of them is incomplete, the intercourse is not complete, so Ihsan is not attained by it, just as if they were both incomplete, and by this it differs from what they drew an analogy to.

A chapter: Islam is not a condition for Ihsan. This is the opinion of Al-Zuhri and Al-Shafi'i. According to this, two Dhimmis are Muhsan, and if a Muslim marries a Dhimmi woman and has intercourse with her, they both (38) become Muhsan. There is another narration from Ahmad regarding the Dhimmi woman: She does not render a Muslim Muhsan. 'Ata', Al-Nakha'i, Al-Sha'bi, Mujahid, and Al-Thawri said: It is a condition for Ihsan. So a disbeliever is not Muhsan, and a Dhimmi woman does not render a Muslim Muhsan; because Ibn 'Umar narrated that the Prophet (may Allah bless him and grant him peace) said: "Whoever associates partners with Allah is not Muhsan" (40). And because it is a type of Ihsan for which freedom is a condition, so Islam is a condition for it, like the Ihsan of Qadhf (false accusation of adultery). Malik held the same opinion as them, except that a Dhimmi woman does render a Muslim Muhsan, based on his fundamental principle.