Grammarians have criticized the jurists’ use of the word “or” in this context, because it does not fit with the notion of choice. They should have said: “He may choose between feeding ten poor persons, clothing them, and emancipating a slave.” Nor should we cite the noble verse as evidence, for the noble verse states:
“Its expiation is to feed ten poor persons with the average of what you feed your own families, or to clothe them, or to free a slave.” [al-Ma’idah 5:89]
It does not say, “He may choose.” Thus, there is no need for us to use “or,” because if we do so, we combine the verb indicating choice with the particle indicating choice, and there is no need for that.
Some grammarians, however, have said that this is permissible and acceptable, and that “or” here carries the meaning of “and”; there is no objection to this.
His statement, “between feeding ten poor persons”: the term “poor person” here includes the destitute person, namely, one who does not have sufficient provision for himself and his dependents for a year.
Feeding may be done in two ways:
First, one may prepare a meal sufficient for ten poor persons—lunch or dinner—and then invite them, because Allah, Exalted is He, states generally: “feeding ten poor persons.” Thus, if he prepares food and they eat lunch or dinner, he has fed them.
Second, it may be assessed by measure. We have assessed it at approximately one kilogram of rice for each person, making ten kilograms for them all. In this case, it is preferable to include with it something to accompany the food, such as meat or the like, so that the feeding is complete, for Allah, Exalted is He, says: “feeding ten poor persons.”
If it is asked: What evidence is there for assessing it at one kilogram? And why should we not say that he should give him whatever will meet his needs?