regarding intercourse before its completion, if it does not violate the required continuity, it does not prevent the validity and sufficiency of the fast, just as if he had intercourse before the two months, or if he had intercourse on the first night of the two months and awoke fasting. Accomplishing the fast before contact in the case of this person is impossible, regardless of whether he continues or restarts. If he has intercourse with her, or with someone else, during the day of the two months intentionally, he breaks his fast, and the continuity is severed, by consensus, if he is without an excuse. If he has intercourse with her, or with someone else, during the day out of forgetfulness, he breaks his fast, and the continuity is severed, according to one of the two narrations, because there is no excuse for intercourse out of forgetfulness. There is another narration from Ahmad that he does not break his fast and the continuity is not severed. This is the view of al-Shafi'i, Abu Thawr, and Ibn al-Mundhir, because he performed a fast-breaking act out of forgetfulness, similar to the case of one who eats out of forgetfulness. If the fast was permitted for him due to an excuse, and he had intercourse with someone other than her during the day, the continuity is not severed, because intercourse has no effect on breaking the continuity. If he had intercourse with her, it would be the same as having intercourse with her at night; does the continuity sever? There are two views. If he had intercourse with someone else at night, the continuity is not severed, because that is not prohibited for him, nor does it violate the following of one day's fast by another, so it does not break the continuity, like eating at night. There is no disagreement on this that we know of. If he touches the one he has declared forbidden (muzahar) or engages in physical intimacy with her short of intercourse in a manner that invalidates the fast, he breaks the continuity because of his failure to maintain the consecutive nature of the fasting; otherwise, it is not broken. And Allah knows best.

1319 - Issue: He said: "If he is unable, then feeding sixty poor people."

Scholars have unanimously agreed that if the one who performed zihar does not find a slave to free and is unable to fast, his obligation is to feed sixty poor people, as Allah the Exalted commanded in His Book and as came in the Sunnah of His Prophet, peace and blessings of Allah be upon him. This is the same whether he is unable to fast due to old age, or an illness where he fears the fast might cause his condition to slow in healing or worsen, or due to extreme sexual desire (shabaq) such that he cannot refrain from intercourse. When the Messenger of Allah, peace and blessings of Allah be upon him, commanded Aws ibn al-Samit to fast, his wife said...