consumed by his primary need, so it does not prevent the permissibility of shifting [to fasting], just like a residence, a mount, and food that he needs. What they mentioned is invalidated by the food one needs, and by when one finds water but needs it for thirst, for it does not prevent shifting to Tayammum. Furthermore, finding the price of a slave is like finding the slave himself; for this reason, it is not permissible for one who finds the price of it to shift to fasting. Moreover, if he found the price of it [the slave] but needs that price, it would not prevent him from shifting [to fasting], and the same applies here. Once this is established, if there is a surplus in any of these things beyond his need—such as one who has a large house worth more than a house of his peers, a mount better than a mount of his peers, or a servant better than a servant of his peers—where it is possible to obtain the amount he needs while having a surplus with which he can perform expiation, then the portion exceeding his sufficiency is to be sold, or the whole is sold and an amount he needs is purchased for him, and he performs expiation with the remainder. If selling it is impossible, or if selling it is possible but purchasing what he needs is not, then that is left alone, and he has the right to shift to fasting; because it became impossible to combine attending to his need and expiating with wealth, so it is analogous to the case where there is no surplus.

Section: Whoever possesses real estate whose rent is needed for his maintenance or his primary needs, or merchandise whose profit—which he needs—would be diminished by performing expiation from it, or livestock whose offspring he needs for a primary need, or furniture he needs, and the like, he may perform expiation by fasting; because that is entirely occupied by his primary need, so it is analogous to that which is non-existent.

1823 - Issue: He said: (And it suffices him if he feeds five poor people, and clothes five).

The sum of the matter is that if he feeds some of the poor and clothes the remainder, such that he fulfills the [required] number, it suffices him, according to the statement of our Imam, ath-Thawrī, and the scholars of opinion. Ash-Shāfiʿī said: It does not suffice; because of the saying of Allah...