And the muhsan: the one who has intercourse with his Muslim or dhimmi wife in a valid marriage, and both are adults, sane, and free. If one of these conditions is lacking in either of them, there is no muhsan status.

The Shaykh : The muhsan is the one who has intercourse with his Muslim or dhimmi wife in a valid marriage, and both are adults, sane, and free. Pay attention to the conditions of muhsan status. Where is your book? ... Yes, there is no hardship for the sick person. It says "the one who has intercourse with his Muslim wife". His wife means his spouse, yes. Or his wife, even if she is a slave woman? His wife means his spouse.
"The Muslim" is clear. Or "the dhimmi". This expression is questionable, and the correct term is "the one from the People of the Book," because whether the one from the People of the Book is a dhimmi or a musta'min, it is permissible for a man to marry her. "In a valid marriage" is connected to his saying "has intercourse". He has intercourse with her in a valid marriage, to avoid a defective marriage and an invalid marriage.
What is the difference between a defective marriage and an invalid one? The invalid one is what the scholars agreed is defective, and the defective one is what the scholars disagreed upon. So marriages are: valid, defective, and invalid. An example of a defective one is a man marrying a woman without a guardian; this is a defective marriage because the scholars disagreed on it. An example of an invalid one is a man marrying his wife's sister; it is invalid because of consensus.
"In a valid marriage" means it is not invalid or defective. "And both" the pronoun refers to the spouses. "Adults, sane, and free". How is adulthood attained? For the man, by one of three things: completing fifteen years of age, growing pubic hair, or ejaculation. For the woman, there is an addition, which is menstruation. "Sane" is the opposite of insane. "Free" is the opposite of slaves. So the conditions are more: the one who has intercourse, his wife, in a valid marriage, adulthood in each of them, sanity, and freedom. So the conditions of muhsan status are five: intercourse in a valid marriage, adulthood, sanity, and freedom.
Five conditions.
The author said "If one of these conditions is lacking in either of them, there is no muhsan status". If he contracted marriage with her and touched her but did not have intercourse with her, and then he committed zina, is he stoned? Is he not stoned? And if she commits zina? Likewise, she is not stoned unless she had married a husband before him and intercourse took place; then she is stoned. This means the ruling is partial. Now, if he had intercourse with her and he married her without a guardian, and he is one of those who hold that this is not valid, ... why? Because the marriage is not valid. Now, if he married her and she was a minor who had not reached adulthood, and he had intercourse with her?

The questioner : It is not a condition.

The Shaykh : He is not stoned; he is not a muhsan, because she had not reached adulthood. If he married an insane adult woman and had intercourse with her? He is not a muhsan. If he married a slave woman and he is free? He marries her with the known conditions. If the conditions are met and he marries her? He is not a muhsan. Now, if the situation is reversed and a slave marries a free woman? There is no muhsan status for him or for her. So the conditions of muhsan status are five. Now, what is the evidence for these conditions?
They say that the completion of the blessing does not occur unless these conditions are gathered. A man does not take full pleasure if his wife is insane, is that not so? Perhaps while he is having intercourse with her, he fears for himself from her ... she does not satisfy his desire and does not cure his ailment. A minor, and likewise a slave woman is incomplete. And based on this, we say there is nothing specified in the evidence except the conditions of marriage and intercourse, because the Prophet (peace and blessings be upon him) said . As for the rest, they are derived from the reasoning.
Now, is it required that this state continues until the zina, or is it not required? Meaning, if it is assumed that he divorced his wife or his wife died, and then he committed zina afterwards, is he a muhsan who is stoned, or not?

The questioner : Yes.

The Shaykh : Yes, he is a muhsan and is stoned. These conditions are not required to continue as long as the conditions existed at the time of marriage; then he is a muhsan. If he married a minor and she remained with him and died before reaching adulthood, is he a muhsan? No. Some of the later scholars held, but I did not find a basis for it, that it is required that these conditions continue until he commits zina. He said that if his wife died or he divorced her while she was alive, he might need intercourse and be excused to some extent at that time because he has no one with whom he can enjoy lawful intercourse. But this opinion is contrary to what the evidence requires, because the evidence is and the state of being a muhsan is attained by the first intercourse; as long as the description is attained, it is not required that the wife remain with him.