beyond what He has given it.” [al-Talaq 65:7] This poor man has nothing, so he is not burdened except with what Allah has given him; and in His wisdom, Allah has given him nothing. Another proof is His saying, “So fear Allah as much as you are able.” [al-Taghabun 64:16] A third proof is the general principle of the Sacred Law: no duty remains in the case of incapacity. Obligations are waived when one is unable to fulfil them. This man who had intercourse is unable to free a slave, fast, or feed others, so we say: nothing is due from you, and you are absolved of liability.

If Allah later grants him wealth, must he offer the expiation or not?

The answer is that he is not required to do so, because it was waived for him. Just as a poor person who later becomes wealthy is not required to pay zakah for the years that have passed, because he was poor, so too the one who was unable to find the means for the expiation is not required to make it up if Allah Most High later grants him wealth.

As for the evidence from the sunnah, when the man said, “I am unable to feed sixty needy persons,” the Prophet ﷺ did not say, “Feed them whenever you are able.” Rather, when he found the means, he instructed him to feed them, saying: “Take this and give it in charity.” The man said, “To one poorer than I, O Messenger of Allah? …” He replied, “Feed your family with it.” He did not say, “The expiation remains due upon you.” This indicates that it is waived because of incapacity.

Some scholars said that it is not waived by incapacity, citing the hadith as evidence. They said: the man said, “I cannot find [the means],” but when dates came to the Prophet ﷺ, he said, “Take this and give it in charity.” Had it been waived due to incapacity, he would not have said, “Take this and give it in charity.”

The response is: he found it at that time—that is, he found it in