He says: If the person who swore an oath and wants to expiate it by feeding a poor person does not have the means to feed ten poor people, and cannot fast due to a health excuse or an illness that prevents him from fasting, what should he do? And likewise regarding the fidyah for fasting in Ramadan, if he does not find what to feed thirty poor people with, and cannot fast, what should he do? And what are the characteristics of a poor person, meaning when is a person considered poor? And is there a difference between the poor (faqir) and the needy (miskin)? Please inform us, may Allah reward you with good.
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The questioner : He says: If the person who swore an oath and wants to expiate it by feeding a poor person does not have the means to feed ten poor people, and cannot fast due to a health excuse or an illness that prevents him from fasting, what should he do? And likewise regarding the fidyah for fasting in Ramadan, if he does not find what to feed thirty poor people with, and cannot fast, what should he do? And what are the characteristics of a poor person, meaning when is a person considered poor? And is there a difference between the poor (faqir) and the needy (miskin)? Please inform us, may Allah reward you with good?
The Shaykh : If the expiation of an oath becomes obligatory upon a person, and he does not find what to feed, and cannot fast, then it is dropped from him, due to the saying of Allah the Exalted:[At-Taghabun 64:16] and His saying: [Al-Baqarah 2:286] and the saying of the Prophet (peace and blessings be upon him): Sahih al-Bukhari 7288 and nothing is obligatory upon him.
The questioner : Yes.
The Shaykh : Because among the established principles is "that obligatory duties are dropped due to inability to perform them, either to their substitute if there is one, or to nothing if there is no substitute, and if one is unable to perform the substitute, it is dropped from him entirely" As for fasting in Ramadan, the obligation upon a person is to fast Ramadan. If he is sick, he may break his fast and wait until Allah heals him, unless his illness is continuous. In that case, it is obligatory upon him to feed people. And if he does not find what to feed, it is dropped from him as well, for the reason mentioned previously.
As for the difference between the poor (faqir) and the needy (miskin), if one of them is mentioned without the other, they mean the same thing. So if we say, for example, "feed ten poor people," there is no difference between the poor and the needy. And if we say "feed ten needy people," there is no difference between the needy and the poor. But if the poor and the needy are mentioned in the same speech, as in the verse of alms:[At-Tawbah 9:60] then all share in need, but the poor is in greater need than the needy. For this reason, some scholars said: The poor is the one who finds less than half of his sufficiency, and the needy is the one who finds half and less than his sufficiency.
The questioner : May Allah reward you with good.
The Shaykh : If the expiation of an oath becomes obligatory upon a person, and he does not find what to feed, and cannot fast, then it is dropped from him, due to the saying of Allah the Exalted:
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْAllah does not charge a soul except [with that within] its capacity
لا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَاAnd if I order you to do something, then do of it as much as you can.
إذا أمرتكم بأمر فأتوا منه ما استطعتمThe questioner : Yes.
The Shaykh : Because among the established principles is "that obligatory duties are dropped due to inability to perform them, either to their substitute if there is one, or to nothing if there is no substitute, and if one is unable to perform the substitute, it is dropped from him entirely" As for fasting in Ramadan, the obligation upon a person is to fast Ramadan. If he is sick, he may break his fast and wait until Allah heals him, unless his illness is continuous. In that case, it is obligatory upon him to feed people. And if he does not find what to feed, it is dropped from him as well, for the reason mentioned previously.
As for the difference between the poor (faqir) and the needy (miskin), if one of them is mentioned without the other, they mean the same thing. So if we say, for example, "feed ten poor people," there is no difference between the poor and the needy. And if we say "feed ten needy people," there is no difference between the needy and the poor. But if the poor and the needy are mentioned in the same speech, as in the verse of alms:
Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah]
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَاThe questioner : May Allah reward you with good.