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C-The fast of expiation :
The origin of the Arabic word Kaffaarah (expiation) signifies covering, as it covers sins and does away with them. Thus, the word came to be used for offences or violations that do not include sins such as unintentional killing and others.
Permissible expiations are: emancipation (of a slave), fasting, feeding and clothing the needy.
The expiation for having sexual intercourse in the day during Ramadhaan, Thihaar (unlawful divorce) and murder are arranged respectively as mentioned above. This means one is liable to emancipate a slave unless he is incapable of doing it. This incapability may be material; meaning that either he does not have the money or he has it, but does not have the capacity to dispose of it because of the absence or interdiction or other impediments approved by the Sharee‘ah (Islamic law). Incapability may also be due to reasons accepted by the Sharee‘ah, such as being unable to pay the price after fulfilling the needs of his dependents or there are no slaves to be bought or sold. Therefore, he moves from emancipation to fasting two consecutive months. However, if he cannot fast whether because he is old or sick or he fears the exacerbation of his illness, then, he should feed sixty indigent people.
The expiation of unintentional murder does not include feeding. Rather, it is emancipating a slave; if one cannot, he should fast two consecutive months. The one who is to expiate an oath is given the choice at first and then restricted by the arrangement.
A choice is made between feeding or clothing ten indigent people or freeing a slave. The one who cannot perform any of these acts should fast three days. Thus, if he does not find the money with which he can feed or clothe ten poor people or free a slave to expiate his broken oath or he is unable to do so, he should move to fasting and fast three days as Allah The Almighty Says (what means): {Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] – then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths. Thus does Allah make clear to you His verses that you may be grateful}[Quran 5:89]
Jurists differ concerning consecution as a condition in expiation of the fast. The reason for differences is the reading of Ibn Masoo‘d, may Allah be pleased with him: (then a fast of three consecutive days) which is a Shaath (disagreed)manner of recitation. Some scholars consider the Shaath manner of recitation of a certain verse a Hadeeth. If proven authentic, acting upon it is like acting upon an Aahaad (not Mutawaatir) Hadeeth from the Sunnah (Prophetic tradition).
Succession in the fast of expiation is considered an obligation by the Hanafi scholars, a valid opinion of the Hanbali scholars and one of the opinions of the Shaafi‘i scholars. However, the Maaliki and Shaafi‘i scholars consider it favorable, not obligatory.
Jurists set forth the following conditions for a fast of expiation:
Intention: a fast of expiation may not be observed without an intention from the night before as it is an obligatory fast.
Succession: in the fast of expiation of Thihaar, killing, and having sexual intercourse during the day in Ramadan. If succession is broken even if it is on the last day, one should start all over again.
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