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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on One Who Is Unable to Perform the Expiation for Zihar

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Question:
If a person is unable to perform the expiation for zihar through fasting, freeing a slave, or feeding people, does it drop off, as is the case with the expiation for intercourse during the day of Ramadan?

Answer:
And as for the one who says that the expiation for Ramadan is dropped, the scholars have differed on this. If a person is unable to fast the three days, some scholars say that it remains in his liability, remaining a debt in his liability, and whenever he is able, he must carry it out. And some scholars say that it is nine, based on the evidence that when the Messenger of Allah (peace and blessings be upon him) was approached by the man who had intercourse during the day of Ramadan, and whatever the man said to him, he said, "I am not able, I am not able," until he said to him, "I brought
with a branch containing fifteen sa' of dates, he said: Take thisبِعِرْقٍ فِيهِ خَمْسَةَ عَشَرَ صَاعًا مِنْ تَمْرٍ قَالَ خُذْ هَذَا
Sunan al-Bayhaqi 17:895
" and he believed him. He said, "And is there anyone poorer than us?
Is there a household between its two sides poorer than us? He saidمَا بَيْنَ لابَتَيْهَا أَهْلُ بَيْتٍ أَفْقَرُ مِنَّا قَالَ
Sahih Ibn Hibban 14:109
Take it and feed your family." So some scholars say that this is an expiation, that feeding his family is the expiation.
It is permissible for the poor person, if someone else feeds on his behalf, to eat the expiation, because the one for whom the Messenger of Allah (peace and blessings be upon him) fed was poor, so his saying "feed him" returned to the poor person.
And others say it drops off, as in the text of al-Zad, "if he does not find it, it drops off," because the Messenger of Allah (peace and blessings be upon him) did not order him to perform the expiation after that, rather he remained silent, peace and blessings be upon him.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الرجعة، وباب الإيلاء والظهار والكفارة — islamhouse.com (49:00)

The Arabic text is a machine transcription of the audio recording.

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