What is the obligatory expiation for a Zihar offender who cannot fast?
General Chapter
Al-Mughni
Book of Zihar
Primary text
The consensus among scholars is that if the person performing Zihar cannot find a slave to free and is unable to fast, the obligation shifts to feeding sixty poor persons, as commanded by God in His Book and established by the Sunnah of the Prophet. This inability may stem from old age, an illness where fasting would slow recovery or worsen the condition, or intense sexual desire (shabaq) that prevents abstinence from intercourse. Evidence includes the case of Aws ibn Al-Samit, whose wife testified to his advanced age, prompting the Prophet to command feeding sixty poor persons instead of fasting. Similarly, Salama ibn Sakhr was directed to feeding after mentioning his intense desire prevented him from fasting.
Supporting text
It is permissible to transition to feeding if one is unable to fast due to illness, even if the illness is expected to end, based on the verse {So, whoever cannot [fast, then feeding sixty poor persons} [Al-Mujadilah: 4]. Transition is not permitted solely for travel because travel does not render one incapable of fasting and it has a definite end, being an action of choice.