Is it permissible to give Kaffarah to a non-believer (*Kafir*)?
General Chapter
Al-Mughni
Book of Zihar
Primary text
It is not permissible to give Kaffarah to a non-believer. This is the ruling of Al-Shafi'i. The basis for this is that the non-believer is not eligible, similar to the poor combatants (*Masakin Ahl al-Harb*). Since Allah mentioned feeding ten poor persons without qualification {Al-Ma'idah: 89}, some scholars argue that all the poor are included. However, the ruling is that since they are non-believers, payment is impermissible, and the qualified verse regarding warfare abrogates the general nature, applying by analogy to all other non-believers.
Supporting text
Abu Al-Khattab holds an alternative view permitting their giving, based on a narration concerning manumission, which is also the position of Abu Thawr and the Ashab al-Ra'y, arguing that the general wording of the verse includes them.