the reality. And he is the most entitled of people to this, for he said: If a man marries a woman in the presence of the judge, then divorces her in that same gathering, and she later gives birth to a child, the child is attributed to him, despite the knowledge that he did not have intercourse with her during the marriage. How then can one judge the reality of intercourse when its negation is established! Similarly, if a woman has a child from her husband, but she denies that he had intercourse with her, her Ihsan is not established on that basis.

Section: If the witnesses of Ihsan testify that he entered into his wife (i.e., consummated the marriage), our companions (the Hanbalis) said: Ihsan is established by it, because the meaning understood from the term "entering" (Dukhul) is the same as that understood from the term "intercourse" (Mujama'ah). Muhammad ibn al-Hasan said: It is not sufficient unless they say: "He had intercourse with her (jam'aha) or had sexual relations with her (bada'aha)," or similar terms, because "entering" is also used to mean being in seclusion with her, and because of this, its rulings are established by it. This is the more correct of the two opinions, if Allah the Almighty wills. As for when they say: "He had intercourse with her" or "He had sexual relations with her," we know of no disagreement regarding the establishment of Ihsan, and likewise (49) it should be [the case] if they say: "He had intercourse with her" (wati'aha). But if they say: "He touched her" (basharaha), "he felt her" (massaha), "he reached her" (asabaha), or "he approached her" (ataha), then it is appropriate that Ihsan is not established by it, because these terms are frequently used for acts below full intercourse in the vagina, and thus the Ihsan—which is warded off by the mere possibility [of doubt]—cannot be established by it.

Section: If an adulterer is whipped on the premise that he is a virgin (not previously married), and it later becomes clear that he was in a state of Ihsan, he is then stoned, according to what Jabir narrated: A man committed adultery with a woman, and the Messenger of Allah (may Allah bless him and grant him peace) commanded that he be whipped the [prescribed] punishment, then it was reported to him that he was in a state of Ihsan, so he was stoned. Narrated by Abu Dawud (50). This is because it was necessary to combine the two [punishments]; he has performed part of the obligation, so it must be completed. And if it were not necessary to combine the two, it would mean that he had not fulfilled the obligated punishment, so it is necessary that he [now] fulfill it.

1552 - Issue: He said: (And they are both to be washed, shrouded, prayed over, and buried.)

There is no disagreement regarding washing them and burying them, and most of the scholars are of the view that the funeral prayer should be performed over them.