For example, suppose a man has one hundred million riyals and owes expiation for ẓihār (a form of pre-Islamic divorce formula). He finds a slave, and they tell him: “Ten thousand riyals,” whereas the customary price for one like her is nine thousand nine hundred riyals. Then he is not required to buy her, because the price exceeds her customary value. Yet if he purchases her for ten thousand riyals and emancipates her as expiation, it is valid. The discussion, however, concerns what is obligatory.
But the sound view is that the apparent meaning of His saying, “But whoever does not find [a slave]” is that whenever a person is able to find one in a manner that causes him no harm and does not unduly deplete his wealth, he must emancipate a slave. For Allah stipulated only the inability to find one. Thus, if it is assumed that she is worth five thousand riyals but he is told, “Ten thousand,” while he can afford it, the apparent meaning of the verse is that it is obligatory for him.
His statement, “beyond what he permanently requires for his own maintenance”: if the money he possesses is needed for his maintenance—even if, for example, it is needed for his marriage—then he is not required to emancipate a slave. But the author says, “permanently.” Can this be precisely determined? It cannot, for we do not know: his life may be prolonged, and he may need a great deal of money; or his life may be short, in which case what he possesses may be surplus. Thus, even if he has abundant wealth, he cannot say, “This will suffice me permanently”; and even if he has little wealth, he cannot say, “This will not suffice me permanently.” The reason is that lifespans are in Allah’s hand, and circumstances differ. A person may estimate his expenses for this year at fifty thousand riyals, then prices may change and rise, so that fifty thousand riyals no longer suffice him. Or he may estimate his expenses at fifty thousand riyals, then prices may fall, and twenty thousand riyals may suffice him. This is a matter that cannot be precisely determined, and imposing on people something that cannot be precisely determined is difficult. Therefore, the word “permanently” may be interpreted to mean that he has, for example, a trade or property that yields him ten thousand riyals each year, sufficient for him. This