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Its expiation is the freeing of a slave; if he cannot find one, then he must fast for two consecutive months; and if he is unable to do so, then he must feed sixty needy persons, ......................
His statement, “Its expiation,” means: the expiation for ẓihār.
His statement, “the freeing of a slave; if he cannot find one, then he must fast for two consecutive months; and if he is unable to do so, then he must feed sixty needy persons,” indicates that the expiation is prescribed in sequence, not as a matter of choice.
First: freeing a slave; its conditions will be discussed, Allah willing.
Second: if he cannot find the means to free a slave, or cannot find a slave although he possesses the price, then he must fast, due to Allah’s statement: “But whoever cannot find one, then he must fast for two consecutive months.” This includes one who cannot find a slave—for example, a man may possess millions but be unable to find a slave to free—or who finds a slave but does not have the money to purchase that slave. He then moves on to fasting two consecutive months. If he is unable because of illness, and the illness is expected to pass, he postpones it, just as with Ramadan.
Third: if the illness is not expected to pass, as in the case of an elderly man, then he moves on to feeding sixty needy persons—apparently, and Allah knows best, one needy person for each day, because two months will ordinarily comprise sixty days. Or it may be said that this is the fullest possible completion of two months; thus, when feeding serves as the substitute, it is feeding sixty needy persons. The evidence is Allah’s statement:
“And those who pronounce ẓihār upon their wives, then go back on what they have said, must free a slave before the two touch one another. That is what you are instructed by; and Allah is fully aware of what you do. But whoever cannot find one must fast for two consecutive months before the two touch one another. And whoever is unable to do so must feed sixty needy persons.” [Al-Mujādilah: 3–4]
Thus,