The apparent meaning of al-Khiraqi’s statement is that it is not permitted to pay it to him, because he does not eat it, making it equivalent to paying the monetary value. Abu al-Khattab said: It is sufficient, because he is a needy person who receives from zakat, so he is like an adult. If we say it is permissible (16) to pay it to a mukatab, it is permissible for the master to pay it from his own expiation to his mukatab, because it is permissible to pay it to him from his zakat.

Section: It is permissible to pay the expiation to one who appears to be poor. If he later proves to be wealthy, is it sufficient? There are two views on this, based on the two narrations regarding zakat. If he proves to be a disbeliever or a slave, it is not sufficient, by consensus.

1322 - Issue: He said: (And whoever begins the fasting of zihar from the beginning of Sha'ban, he shall break his fast on the day of 'Eid al-Fitr, and resume [the rest], and likewise if he begins from the beginning of Dhu al-Hijjah, he shall break his fast on the Day of Sacrifice (Yawm al-Nahr) and the days of Tashriq, and resume based on what has already passed of his fasting.)

The sum of this is that if a period of time intervenes in the fasting of zihar during which fasting is not valid for the expiation—such as if he begins the fasting from the beginning of Sha'ban and Ramadan and the day of 'Eid al-Fitr intervene, or he begins from Dhu al-Hijjah and the Day of Sacrifice and the days of Tashriq intervene—the continuous nature (tatabu') is not interrupted by this, and he resumes based on what has passed of his fasting. Al-Shafi'i said: The continuity is broken, and he is obligated to restart, because he broke his fast during the two months when it was possible for him to avoid it, so he is like one who breaks his fast for other reasons (2), or who fasts (3) for a vow or another expiation. Our argument is that this is a time period which the Law (Shar') has forbidden him from fasting for the expiation, so it does not break the continuity, just like menstruation and postpartum bleeding. [If they say: menstruation and postpartum bleeding] (4) cannot be avoided. We say: It is possible to avoid postpartum bleeding by not starting the fast during pregnancy, and similarly for menstruation.