Ma'mar, Yunus, al-Awza'i, al-Layth, Musa ibn 'Uqbah, 'Ubayd Allah ibn 'Umar, 'Irak ibn Malik, Isma'il ibn Umayyah, Muhammad ibn Abi 'Atiq, and others narrated from al-Zuhri, from Humayd ibn 'Abd al-Rahman, from Abu Hurayrah, that the Messenger of Allah (peace be upon him) said to the one who had intercourse with his wife: "Do you have a slave whom you can manumit?" He said, "No." He said, "Are you able to fast for two consecutive months?" He said, "No." He said, "Can you find the means to feed sixty poor persons?" He said, "No." He mentioned the rest of the hadith. This is the wording of the order (tartib), and adopting this is more appropriate than the narration of Malik because the companions of al-Zuhri have agreed on his narration in this manner, except for Malik and Ibn Jurayj as far as we know; and the likelihood of error in those two is greater than the likelihood of it occurring in the rest of his companions. Furthermore, the order is an addition, and acting upon the addition is definitive. Moreover, our hadith is the wording of the Prophet (peace be upon him), while their hadith is the wording of the narrator, and it is possible that he narrated it with "or" (aw) due to his belief that the meaning of the two expressions is the same. Additionally, it is an expiation that includes fasting for two consecutive months, so it is based on the order, like the expiation for zihar and killing.

Section: If he lacks a slave, he transitions to fasting for two consecutive months. We know of no disagreement regarding the inclusion of fasting in the expiation for intercourse, except for an eccentricity that is not to be relied upon, due to its contradiction of the established Sunnah. There is no disagreement among those who made it obligatory that it is two consecutive months, based on the report as well. If he does not begin the fasting until he finds a slave, manumission becomes obligatory for him; because the Prophet (peace be upon him) asked the one who had intercourse about what he was capable of at the time he informed him of the intercourse, and he did not ask him about what he was capable of at the moment of the intercourse—which is the time of obligation. Furthermore, he found the substitute before engaging in the replacement, so it became obligatory for him, just as it would be if he were in possession of it at the time of the obligation. If he has begun the fast before