establish the prohibition, just as if it were not [with desire, and because] (38) the establishment of prohibition must be either by an explicit text (nass) or by analogy (qiyas) to that which is explicitly stated, and there is no text regarding this, nor is it in the same meaning as that which is explicitly stated or agreed upon. For sexual intercourse (wat') entails rulings such as the confirmation of the dowry, the status of ihsan (chastity/being married), the necessity of ritual bathing (ghusl), the waiting period (idda), the invalidation of the state of ihram, and the invalidation of the fast, unlike touching (lams). Our companions mentioned both narrations regarding all scenarios without detail, and what we have mentioned is closer to the correct view, if Allah the Almighty wills.

Section: Whoever looks at the private part of a woman with desire (39), it is like touching her with desire; there are also two narrations regarding it. The first is that it spreads the prohibition in the place where touching spreads it. It has been narrated from Umar, Ibn Umar, Amir ibn Rabi'ah—who was a participant in the Battle of Badr (40)—and Abdullah ibn Amr regarding someone who buys a female servant and then undresses her or kisses her, it is not permissible for his son to have sexual intercourse with her. This is the opinion of al-Qasim, al-Hasan, Mujahid, Makhul, Hammad ibn Abi Sulayman, and Abu Hanifah; because of what Abdullah ibn Mas'ud narrated from the Prophet, may Allah bless him and grant him peace, that he said: "Whoever looks at the private part of a woman, her mother and her daughter become unlawful to him" (42). In another wording: "Allah will not look at a man who looks at the private part of a woman and her daughter" (43). The second [narration] is that prohibition is not attached to it. This is the opinion of al-Shafi'i and the majority of the people of knowledge, because of His saying, the Almighty: "And lawful to you are [all others] beyond these." And because it is looking without intimate contact, so it does not necessitate prohibition, like looking at the face. The report is weak, as stated by al-Daraqutni. It is said: It is mawquf (attributed) to Ibn...