The ruling on applying the hadd punishment for zina to one who contracted a marriage but did not have intercourse
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Question:
He says: Honorable Shaykh, may Allah grant you success. A man contracted a valid marriage with a woman, but did not have intercourse with her, then divorced her, and then committed zina. Is the hadd applied to him? In other words, is he considered a muhsan (one who has had intercourse) or a virgin? Is the mere contract sufficient?
Answer:
Intercourse is required; it is necessary. Even if he enjoyed her through kissing, touching, or intercourse without penetration, this does not make him a muhsan until he has intercourse with her in the private parts.
He says: Honorable Shaykh, may Allah grant you success. A man contracted a valid marriage with a woman, but did not have intercourse with her, then divorced her, and then committed zina. Is the hadd applied to him? In other words, is he considered a muhsan (one who has had intercourse) or a virgin? Is the mere contract sufficient?
Answer:
Intercourse is required; it is necessary. Even if he enjoyed her through kissing, touching, or intercourse without penetration, this does not make him a muhsan until he has intercourse with her in the private parts.
Source
من طلق زوجته قبل الدخول بها ثم زنا — alfawzan.live
The Arabic text is a machine transcription of the audio recording.