What is the determining factor for assessing the required form of expiation (Kaffarah) when a state changes between taking an oath and fulfilling the expiation?
General Chapter
Al-Mughni
Book of Zihar
Primary text
The primary determining factor for assessing the required form of expiation is the state at the time the obligation to perform the expiation arises. This view is held in the stronger of the two narrations and aligns with the apparent statement of Al-Kharqi. If a slave breaks an oath and does not offer expiation until he is freed, he owes the fasting expiation, and nothing else suffices. This is supported by the ruling that the expiation required is based on the state at the time of breach, not the time of taking the oath, citing the ruling that if someone commits an act requiring a penalty while a slave and is later freed, the penalty administered is that of a slave. Accordingly, if a person is wealthy (musir) at the time the obligation arises, the obligation of manumission (if applicable) is established and is not dropped due to subsequent poverty (i'sar). Conversely, if a person is poor (mu'sir) when the obligation arises, fasting is incumbent upon him, and subsequent wealth does not necessitate transitioning to manumission.
Supporting text
The second narration stipulates that the determining factor is the most severe condition (aghlaẓ al-aḥwāl) between the time the obligation arises and the time of fulfillment. If the ability to perform manumission exists at any point during this interval, manumission is the only valid fulfillment. This view is a secondary opinion of Al-Shafi'i, analogizing it to Hajj, which is a right established in one's responsibility based on the existence of wealth.