by freeing a slave—before intercourse.
A man may only perform this part of the expiation if he actually owns a slave or can purchase one with funds that exceed what he and his dependants need for their maintenance.
The slave to be manumitted must meet two additional conditions:
• He must be a believer, for the verse regarding the expiation for accidental killing states, “Whoever kills a believer by mistake must free a believing slave” (Q 4:92). By analogy, and by qualifying the general wording of ẓihār with the specific wording of that verse, the same requirement applies here.
• He must be free from defects that clearly hinder productive work, because the aim of emancipation is to confer upon the slave the benefit of his own labour and the ability to manage his affairs—an objective not fulfilled if he suffers from serious impairments such as blindness or paralysis of a hand or foot.
For expiation by fasting to be valid, three conditions must be met:
- He truly lacks the ability to free a slave.
- He fasts two consecutive lunar months, with no voluntary interruption; only the following do not break consecutiveness: an intervening obligatory fast such as Ramadan, the compulsory breakfast on the day of Eid al-Fiṭr and the Days of Tashrīq, or a break justified by a lawful excuse like travel or illness.
- He forms the intention for the expiatory fast during the preceding night.
If he turns to feeding the poor as the expiation, its validity depends on:
- His genuine inability to fast.
- Each recipient being a free Muslim who is eligible to receive zakat.