by two enemies and compelled to engage one of them first: he begins with whichever course is more beneficial to him. Likewise, when the ruler appoints officials responsible for military affairs, justice, or finances, he selects those best suited to serve the Muslims, in order of suitability:

“Whoever appoints a man over a group when he can find among them someone more pleasing to Allah than him has betrayed Allah, betrayed His Messenger, and betrayed the believers.”

This differs from someone given a choice between two things who may do whichever he wishes. For example, someone making expiation may choose between feeding the needy, clothing them, and freeing a slave. Even if one of these options is better, he may choose the less meritorious one. Likewise, someone wearing leather socks may choose between wiping over them and washing his feet, even if one is better. Someone offering prayer may similarly choose between praying at the beginning of its prescribed time and at its end, even if one is better.

The same applies to choosing among different kinds of permissible food and drink, even though eating and drinking themselves become obligatory in cases of necessity. Indeed, if a particular food is the only option, eating it becomes obligatory, even if it is carrion. Thus, someone compelled by necessity to eat carrion must eat it, according to the well-known position reported from the four imams and other scholars.

Regarding “the expiation for intercourse during Ramadan,” may one choose among its forms, or must one follow a prescribed order? There are two views, both reported from Ahmad. The majority hold that a prescribed order must be followed. However, this order is established through the account of the man who had intercourse, not through wording of general scope. For this reason, some scholars went so far as to require certain kings specifically to fast, holding that the prescribed order is not a universally applicable rule. Rather, it is a matter of isolating the operative basis of the ruling: freeing a slave was given precedence for those who find it harder than fasting, such as the Bedouins. As for someone who finds freeing a slave easier, he is not obliged to give it precedence.